Many businesses will build their own factories and warehouses. However, not all businesses have enough potential to build factories and warehouses. Therefore, people will choose the option of renting factories and warehouses to serve the production and business process.
1. What is a contract for leasing factories and warehouses?
According to Article 472 of the Civil Code 2015: “A property lease contract is an agreement between parties whereby the lessor delivers the property to the lessee for use for a period of time, and the lessee must pay rent.”
According to Article 105 of the Civil Code 2015
“ 1. Property means objects, money, valuable papers and property rights.
2. Property includes immovable property and movable property. Real estate and movables can be existing assets and future assets.”
Accordingly, it can be understood that a contract for renting a factory or warehouse is an agreement between the owner of the factory or warehouse, or the person who has the right to lease the warehouse and the warehouse, and the lessee. The lessor will assign the right to use the warehouse to the lessee for a certain period of time as agreed upon, the lessee will pay the lessor.
2. Objects of factory and warehouse lease contract:
The essence of a property lease contract is that the lessee will be able to use the leased asset for a certain period agreed upon by the two parties, upon the expiration of that term, the lessee must return the leased asset to the lessor. .
Therefore, the object of the lease contract must be a tangible and non-consumable object. At the end of the lease term, the lessee must return the leased asset to the lessor. In this case, the object of the contract to rent the factory or warehouse is the workshop or warehouse. If the leased property is lost or destroyed, the lessee must compensate in cash for the value of the leased asset.
3. Conditions for leasing factories and warehouses:
According to Article 09 of the Law on Real Estate Business 2014 Conditions of real estate put into business
Houses, construction works put into business must fully meet the following conditions:
a) Having registered ownership of houses and construction works attached to land in the certificate of land use right. For houses and construction works available in real estate investment and business projects, only a certificate of land use rights is required in accordance with the law on land;
b) There is no dispute over land use rights, ownership of houses and construction works attached to the land;
c) Not to be distrained to ensure judgment enforcement.”
Owners of factories and warehouses must satisfy the conditions of organizations and individuals doing real estate business according to Article 10 of the Law on Real Estate Business:
“ 1. Organizations and individuals dealing in real estate must establish an enterprise or a cooperative (hereinafter referred to as enterprise) and have a legal capital of not less than 20 billion VND, except for the case specified in Clause 1 of this Article. Clause 2 of this Article.
2. Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate on a small and irregular scale are not required to establish an enterprise but must declare and pay tax in accordance with law. the law.”
In addition, because factories and warehouses belong to the group of establishments that are at risk of fire and explosion, enterprises must ensure fire prevention and fighting conditions.
4. Form of contract for lease of factories and warehouses:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
FACTORY AND WAREHOUSE LEASE CONTRACT (first)
Today, …… month …… ……, At ….We include:
THE LEADER OF THE FACTORY BOI (PARTY A) (2)
Phone: …. Fax: …E-mail:…
Tax code: ……
Account number: ..
By Mr. (Mrs.): … Year of birth: …
Position: …… as representative.
As the owner of the factory, warehouse for rent:…....
FACTORY, WAREHOUSE TENANT (PARTY B):
Telephone: Fax: …
Tax code: …
By Mr. (Mrs.): …. Year of Birth: ..
Both parties agree to sign a contract with the following contents:
ARTICLE 1: SUBJECTS AND CONTRACT CONTENTS (3)
1.1. Party A agrees to lease and Party B agrees to rent the area of the factory and warehouse located on the land area of ….. m2 owned by Party A at …
1.2. Rental purpose: ……
ARTICLE 2: TERM OF CONTRACT
2.1. The lease term for the factory is ……. The year is counted from the day ….. month …. year …. to ….. month ….. year …..
2.2. Upon the expiration of the contract, depending on the actual situation, the two Parties may agree to extend the contract.
2.3. In case either party terminates the contract before the agreed time limit, it must notify the other party at least 3 months in advance.
2.4. In case the Contract ends early, Party A is responsible for refunding the entire amount that Party B has paid in advance (if any) after deducting the factory rent; Party B is entitled to receive back all the equipment purchased and installed by itself (these equipment will be recorded by both parties and a list attached).
ARTICLE 3: PRICES AND PAYMENT METHODS (4)
3.1. The rental price for factories and warehouses is: …… VND/m2/month (In words: …)
3.2. Party B will pay Party A in advance.. the year rent for the factory and warehouse is: ……VND
After the term of ………… years, the rent for the workshop and warehouse will be paid ……monthly on ……. every month. Party A is responsible for providing invoices to Party B.
ARTICLE 4: RIGHTS AND OBLIGATIONS OF PARTY A
4.1. Party A’s rights:
a) Request Party B to receive the factory or warehouse according to the time limit agreed in the contract;
b) Request Party B to pay in full according to the time limit and method agreed in the contract;
c) Request Party B to preserve and use the factory or warehouse as agreed in the contract;
d) Request party B to compensate for damage or repair the damage caused by party B’s fault;
e) Renovating and upgrading factories and warehouses for lease with the consent of Party B but must not affect Party B;
e) Unilaterally terminate the performance of the contract as prescribed in Clause 1, Article 30 of the Law on Real Estate Business 2014;
f) Request Party B to hand over the factory or warehouse when the lease term expires; In case the contract does not specify the lease term, the factory or warehouse can only be taken back after having notified Party B 6 months in advance;
g) Other rights in the contract.
4.2. Obligations of Party A:
a) Deliver the factory and warehouse to Party B as agreed in the contract and guide Party B to use the factory and warehouse according to its functions and design;
b) Ensure Party B’s stable use of the factory and warehouse during the lease term;
c) Maintain and repair workshops and warehouses periodically or as agreed; if Party A fails to maintain or repair the factory or warehouse and causes damage to Party A, it must compensate;
d) Not to unilaterally terminate the contract when Party B fulfills its obligations under the contract, unless Party B agrees to terminate the contract;
e) Compensation for damage caused by their fault.
f) To fulfill financial obligations to the State as prescribed by law.
g) Other obligations in the contract.
ARTICLE 5: RIGHTS AND OBLIGATIONS OF THE PARTY
5.1. Party B’s rights:
Request Party A to hand over the factory and warehouse as agreed in the contract;
Request Party A to provide complete and truthful information about the factory and warehouse;
Exchange of factories and warehouses currently rented with other tenants if Party A agrees in writing.
To sublease part or the whole of the house or construction work if so agreed in the contract or otherwise agreed in writing by A;
To continue renting under the terms agreed with party A in case of change of owner;
Request Party A to repair the house or construction work in case the factory or warehouse is damaged through no fault of its own;
Request Party A to compensate for damage caused by Party A’s fault;
Unilaterally terminate the performance of the contract under the provisions of Clause 2, Article 30 of the Law on Real Estate Business 2014;
Other rights in the contract.
5.2. Obligations of Party B:
1. Preserve and use workshops and warehouses with proper functions, designs and agreements in the contract;
2. Fully pay the rent for the workshop and warehouse according to the time limit and method agreed in the contract;
3. Repairing damage to factories and warehouses caused by their own faults;
4. Return the factory and warehouse to Party A as agreed in the contract;
6. Not to change, renovate or demolish the workshop or warehouse without the consent of Party A;
7. Compensate for damage caused by their fault;
8. Other obligations in the contract.
ARTICLE 6: UNIVERSAL TERMINATION OF CONTRACT
6.1. Party A has the right to unilaterally terminate the contract of renting factories and warehouses when Party B commits one of the following acts:
a) Paying the rent for the factory or warehouse is 03 months or more behind than the time of payment stated in the contract without the consent of Party A;
b) Using the workshop or warehouse for improper purposes;
c) Intentionally causing serious damage to the rented factory or warehouse;
d) Repairing, renovating, upgrading, changing or subleasing the rented factory or warehouse without any agreement in the contract or without the written consent of Party A.
6.2. Party B has the right to unilaterally terminate the contract of renting factories or warehouses when Party B commits one of the following acts:
a) Failing to repair the workshop or warehouse when the workshop or warehouse is unsafe for use or causes damage to Party B;
b) Unreasonably increasing the rent of factories and warehouses;
c) The right to use the workshop or warehouse is restricted due to the benefit of a third party.
6.3. The party unilaterally terminating the performance of the factory or warehouse lease contract must notify the other party 1 month in advance if there is no other agreement.
ARTICLE 7: GENERAL COMMITMENT
7.1. Party A commits that the leased factory or warehouse is under its legal ownership, there is no dispute over ownership, and it is not distrained for judgment enforcement or to comply with an administrative decision of a state agency. competent (not subject to withdrawal or release); commitment to ensure quality and safe housing for Party B.
7.2. Party B has carefully researched the information about the factory and warehouse for rent.
7.3. The signing of this contract between the parties is completely voluntary, not forced or deceived. During the performance of the contract, if it is necessary to change or supplement the contents of this contract, the parties shall agree to make an additional contract appendix signed by both parties, the contract appendix shall have the same legal validity as the contract. this coin.
7.4. Both parties commit to properly and fully implement the agreed contents in the contract.
7.5. Other commitments (must be in accordance with the law and not against social ethics):
ARTICLE 8: DISPUTE SETTLEMENT
Disputes arising in connection with this contract or the breach of contract will be firstly resolved by negotiation in the spirit of good faith and cooperation. If negotiations fail, the case will be brought to a competent court for trial.
ARTICLE 9: VALIDITY OF CONTRACT (5)
This contract has legal effect from …… month …. year ……. To date …… month ….. year ……
The contract is made into…. (…) copies, each party keeps one copy and has the same value.
REPRESENTED BY A
(Signature and seal)
REPRESENTATIVE OF THE PARTY
(Signature and seal)
5. Guidelines for drafting factory lease contracts:
(1) The notarization or authentication of this contract is stipulated in Article 17 of the Law on Real Estate Business 2014;
(2) Organizations and individuals that lease factories and warehouses must satisfy the conditions specified in Article 10 of the Law on Real Estate Business 2014; the lessor clearly states the business name, address, phone, fax, email, license, tax code, account, representative;
(3) Workshops and warehouses for lease must satisfy the conditions specified in Article 9 of the Law on Real Estate Business 2014; the lessor must specify the business name, address, phone, fax, email, and paper. license, tax identification number, account, representative;
(4) The rental price and payment method shall comply with the provisions of Articles 15 and 16 of the Law on Real Estate Business 2014;
(5) The effective date of the contract shall comply with the provisions of Article 17 of the Law on Real Estate Business 2014.
Legal documents used in the article:
– Civil Code 2015;
– Law on Real Estate Business 2014.
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