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(+84) 898 898 688Answer: – According to Article 492 of the 2005 Civil Code, a house lease contract must be made in writing, if the lease is 6 months or more, it must be notarized or authenticated and must be registered, unless it is lawful to other regulations. Meanwhile, Article 122 of the Housing Act 2014 does not provide for a notarized or authenticated house lease contract. Article 472 of the Civil Code 2015 (effective from 1 January 2017) states: “A property lease is an agreement between the parties whereby the lessor transfers the property to the lessee for use for a period, the lessee must pay the rent. Housing contracts and house renting contracts for other purposes shall comply with the provisions of this Law, the Housing Law and other relevant law provisions. ” Thus, the lease contract is not required to be notarized.
In our opinion, although the law is not compulsory, the fact that the notarization of the lease agreement will ensure better legal value for the parties to the contract and it should be made to limit the dispute occurred. Right in the Housing Act of 2014, it is evident that the contract is not required to be notarized or certified unless the parties have a need.
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