In order to ensure the legality, clarity and transparency as well as ensure the rights and obligations in the process of office leasing agreement between the lessee and the lessor, the parties will sign an office lease contract.
1. What is an office lease contract?
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 2015 Civil Code:
“ 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 an office lease contract is an agreement between the owner of the office or the person having the right to lease the office with the lessee. The lessor will assign the right to use the office to the lessee for use for a certain period of time according to the agreement, the lessee will pay the lessor.
2. What is the purpose of the office lease contract?
The office lease contract meets the needs and agreements of the two parties to the contract, one party wishes to rent, the other party wishes to lease, the two parties meet the conditions for each other, forming a contractual relationship. jointly lease property.
The office lease contract clearly records the leased property, the method, the delivery term, the rights and obligations of the parties.
The office lease contract is a legal basis for binding the lessor and the lessee, ensuring the two parties properly perform their rights and obligations, and is also a basis for dispute settlement for both parties if a dispute occurs.
3. Office rental contract form
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
RENTING ROOM CONTRACT
(No.: …………./HĐVP)
Today, day ……. month ……. year ……., at ……We include:
OFFICE LEADER (PARTY A):
Address:……
Phone: …… Fax: ……
Email: ……
License No.: ……
Tax code: ……
Account No.: ……
By Mr. (Mrs.): …… Year of Birth: ……
Position: ……..represent.
As the owner of the rental office: ……
OFFICE LEASEER (B SIDE)
Address: ……
Phone: … Fax: ……
Email: ……
License No.: ……
Tax code: ……
Account No.: ……
By Mr. (Mrs.): …… Year of Birth: ……………
Position: …….represent.
Both parties agree to sign a contract with the following contents:
ARTICLE 1: SUBJECTS AND PURPOSE OF Leasing
Party A agrees to lease to Party B the following area:
1.1. Location and area: …
1.2 Purpose of use: ……
1.3. The office, electricity and water supply system handed over to Party B must be in good condition that Party B has surveyed and accepted.
ARTICLE 2: RENTAL TIME
2.1. Office lease term: ……
2.2. Renewal conditions: After the contract expires, Party B has the priority to renew or sign a new contract, but must notify Party A in writing of at least ….. months in advance.
ARTICLE 3: RENTAL & OTHER COSTS
3.1. Rent cost: ……
The rental price includes 10% VAT and all relevant taxes that may arise from this contract; and excludes electricity, telephone, fax, cleaning service costs in the office and other expenses used by Party B.
The aforesaid rental/rent price will be stable throughout the lease term in accordance with clause 2.1.
3.2. Other costs:
Electricity for daily life: To be borne by Party B according to the business electricity price set by the local electricity industry and according to the actual monthly use (with its own electricity meter).
In the event of a power outage, Party B buys oil to run the generator, Party B has to pay for the generator oil in the same month of the building ……
ARTICLE 4: PAYMENT
4.1. Calculation currency: ……
4.2. Payment currency: In VND (Vietnam Dong) converted at the selling rate USD/VND of the Bank for Foreign Trade of Vietnam at …… at the time of payment.
4.3. Deposit payment term: Within …… (……..) working days after signing this contract, Party B will advance Party A a deposit equivalent to ….. (………….) monthly rent/office rental is ……
This deposit, after deducting expenses for telephone, electricity, etc., will be refunded to Party B within …… working days after the end of the contract with the condition that Party B must complete it. any liability set forth in this contract.
4.4. Office rent: Party B pays Party A office rent for each period …..months, equivalent …………
First period: Within ….. (………….) working days after signing this contract, Party B pays Party A
Subsequent periods: Within ….. (………….) the first working day of each ….. (………….) month, Party B pays Party A the amount ……
4.5. In case of late payment compared to the time specified above, Party B must pay Party A an additional cost equal to …… % ( ………….) for each day of late payment on the total amount of late payment. . If the payment delay exceeds …… (……………..) days, Party A has the right to unilaterally terminate this contract.
4.6. Electricity usage fee: Party B pays Party A the monthly electricity usage fee within ….. (………….) the first day of the following month.
4.7. Payment methods : ……
Beneficiary:……
In VND account, the cost of transferring money via bank: To be borne by Party ……
ARTICLE 5: OBLIGATIONS AND RIGHTS OF PARTY A
5.1. Obligations of Party A:
a) Deliver the office and equipment attached to the office (if any) to Party B in accordance with the contract;
b) Disseminate to Party B regulations on management and use of the office;
c) Ensure Party B stable use of the office during the lease term;
d) Maintenance and repair of the office periodically or as agreed; if Party A fails to maintain or repair the house and causes damage to Party B, it must compensate;
e) Create conditions for Party B to conveniently use the leased area;
f) Pay taxes related to the office being rented in accordance with the law (if any).
4.2. Party A’s rights:
a) Request Party B to pay the office rent in full on time as agreed;
b) In case the contract has not expired, but Party A renovates the office and is agreed by Party B, Party A is entitled to adjust the office rental price. The rental price of the new house shall be agreed upon by the parties; in case no agreement can be reached, Party A has the right to unilaterally terminate the office lease contract and must compensate Party B in accordance with the law;
c) Request party B to be responsible for repairing the damaged part, compensate for damage caused by party B’s fault;
d) Renovating and upgrading the office for lease with the consent of Party B, but must not cause trouble for Party B to use the office;
e) To get back the office for lease upon expiration of the lease. If the lease does not stipulate a lease term, the lessor who wants to take back the office must notify the lessee six months in advance.
f) Unilaterally suspend the performance of the contract but must notify Party B one month in advance unless otherwise agreed and claim compensation for damage if Party B commits one of the following acts:
– Failure to pay office rent consecutively in …………. or more without a good reason;
– Using the office for improper purposes;
Deliberately causing serious damage to the office;
– Repairing, changing or subleasing all or part of the rented office to another person without the consent of Party A;
– Causing public disorder many times and seriously affecting the normal activities of people around;
– Serious impact on environmental sanitation;
ARTICLE 5: OBLIGATIONS AND RIGHTS OF THE PARTY
5.1. Obligations of Party B:
a) Use the office for the agreed purpose, keep the house and be responsible for repairing damage caused by them;
b) Pay the deposit in full, rent the office on time as agreed;
c) Pay for electricity, water, telephone, sanitation and other expenses incurred during the rental period and before the contract is liquidated;
d) Return the house to Party A according to the agreement.
e) Fully comply with regulations on management and use of the office;
f) Not to transfer the office lease contract or sublease it to another person unless it is agreed in writing by Party A;
g) Comply with regulations on environmental sanitation and security and order in the residential area;
h) Return the office to Party A in the cases of contract termination specified in this contract.
i) Responsible for any/all loss of office equipment, furniture, personal property.
5.2. Party B’s rights:
a) Receive office and attached equipment (if any) as agreed;
b) To exchange the leased office with another lessee, if Party A agrees in writing;
c) Change the office structure if Party A agrees in writing;
d) Request Party A to promptly repair the damage to ensure safety;
e) To continue renting under the terms agreed with Party A in case of change of office owner;
f) To be given priority to sign the next lease contract, if the lease term has expired but the house is still used for lease;
g) To be given priority to purchase the leased office when Party A announces the sale of the office;
h) Unilaterally suspend the office lease contract but must notify Party A one month in advance unless otherwise agreed and claim compensation for damage if Party A commits one of the following acts:
– Do not repair the office when the quality of the office is seriously degraded;
– Unreasonably increasing office rents;
– The right to use the office is restricted due to the benefit of a third party.
ARTICLE 6: TERMINATION OF CONTRACT
6.1. This contract automatically terminates in the following cases:
a) On the contract expiration date;
b) In case of force majeure such as natural disaster, storm, flood, war, fire, etc…;
c) Party B cannot continue according to the regulations of the competent authority;
d) According to other provisions of law.
e) In the above cases, Party A will refund Party B the deposit
f) Late payment as prescribed in Article 4.
g) In this case, Party A will not refund Party B the deposit.
6.2. Termination of the contract ahead of time by agreement of the Parties:
a) This contract may not be unilaterally terminated ahead of time by either party. If either party wishes to terminate the contract ahead of time, it must notify the other party in writing in advance of at least ….. (………….) months and the lease term must be achieved at least …… months . In this case, Party A will refund Party B’s deposit and the remaining office rent of Party B (if any).
b) If Party B terminates this contract before the deadline without complying with the above provisions, Party B will lose the deposit.
c) If Party A terminates this contract before the deadline without complying with the above provisions, Party A must return to Party B the deposit and the remaining rent of Party B (if any) and must compensate give Party B an amount equivalent to the deposit.
ARTICLE 7: GENERAL COMMITMENT
7.1. The two parties commit to strictly and fully implement the terms and conditions specified in this contract. Any change, cancellation or addition of one or more terms and conditions of this contract must be agreed in writing by both parties and made into an addendum to the contract.
7.2. In case the competent authorities of Vietnam issue legal documents related to office leasing, this contract will be adjusted in accordance with the provisions of Vietnamese law.
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
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.
REPRESENTATIVE OF PARTY A REPRESENTATIVE OF THE PARTY
(Signature and seal) (Signature and seal)
4. Guidelines for drafting contracts
– Specify the date of contract performance;
Contract subject: the two parties clearly specify the name, address, phone, fax, email, license, tax code, account number, representative, position;
– Article 1: Location and leased area of the office, the purpose of use as agreed;
– Article 2: How long is the office lease term, if it is extended, how many months in advance will be required;
– Article 3: Negotiate rental rates and other arising costs, if any;
– Article 4: Agreement on payment-related things: Payment currency, deposit payment term, monthly rental amount and agreed payment method.
Chuyên mục: Biễu mẫu
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