Contract
of House Renting
This
In-principle Agreement (hereinafter referred to as “IPA”) is signed on
____/__/200__ in ________, by and between the following parties
THE
LESSOR:
Nationality: Vietnamese
(Hereinafter
referred to as: “Party A”)
And
THE LESSEE:
MR.
Nationality:
Passport
No.:
Date of
expiry:
(Hereinafter
referred to as: “Party B”)
WHEREAS:
The Party B, one of the
foreign investors who are going to invest in Vietnam by co-operation with one
Vietnamese company, named _____Co., Ltd in form of _______company, engaging in
_______services (Hereinafter referred to as: “Project”), wishes to lease Party
A’s house to serve as the Head Office and _____of the ________company;
The Party A is a
authorized person of the household, owning the house to be leased, and the
Party A would like to sign the House Leasing Contract with the Party B.
THEREFORE:
The two Parties agree to
sign this IPA upon the following Terms and Conditions.
Article
1. Leasing Purposes
The
Parties agree to enter this IPA for the foundation of signing the official
Contract of House Leasing in future, accordingly the established _____ company –
after being granted for an Investment Certificate – shall use the Leased
Location as its Head Office and restaurant for business activities of the
project which is approved in the Investment Certificate by the competent
authorities of Vietnam.
Article 2. Main Articles
and Conditions of the Official Contract of House Leasing
2.1 House
for lease
- Address:
- Total
floor area for lease: ____
m2.
2.2 Term
of lease
2.2.1 The
_____ company shall officially sign the Contract of House leasing with the
Party A right after it is granted by competent authorities of Vietnam with
investment Certificate under current laws and regulations on foreign investment
in Vietnam;
2.2.2 Term
of the official Contract of House leasing shall be ___ (___) years commencing
from the date of signatures.
2.2.3 In
case of extension of the Leasing Contract, the two Parties shall come to an
agreement for the extension. In respect of any case, proposal for extension
should be made 30 (thirty) days in advance prior to the date of expiry as
provided in Item (2.2.2) of this Agreement.
2.3 Payment
2.3.1 The
payment for house leasing shall correspond to ____ USD / month (________United
State Dollars) per month;
2.3.2 The
_____ company shall be subject to perform payments for utilities, telephone at
the Location upon the monthly actual volume (based on the figures initially
agreed by the Parties at the date of handing-over).
2.3.3 Equipments
that the _____ company is entitled to exploit at the location shall be
particularly determined by the Parties on the date of officially signing the
official Contract of house leasing and shall be listed as an Appendix which is
an integral part of such Contract.
2.4 Mode
of payment
2.4.1 Currency
for payment:
The
Parties shall perform the payment in Vietnam Dong. The currency provided in
this IPA as well as in the future official Contract of house leasing is only
for reference for the purpose of determining the particular amount of payment
in Vietnam Dong.
2.4.2 The
payment for house leasing shall be paid in Quarter basis. Such payment shall be
made by the _____ company to the Party A within first ten days of first month
of each Quarter.
Article 3.
Responsibilities of the Parties
3.1 Responsibilities
of the Party A
3.1.1 To
ensure of being the legal owner who has legal documents on the leased house;
3.1.2 To
be liable to carry out necessary legal procedures at competent authorities of
Vietnam (if required by law) in order to facilitate the _____ company for its
lawful exploitation of the location;
3.1.3 to
hand-over the house timely to the _____ company right after both Parties sign
the official Contract of house leasing for the purposes of timely business
operation of such company;
3.1.4 to
be liable to provide Party B and the _____ company with relevant legal
documents presenting Party A’s ownership to the location;
3.1.5 to
ensure and facilitate the Party B and the _____ company with the best
assistance for their full and solely right of exploitation of the house upon
agreement in this IPA and the official Contract of house leasing that should be
signed later on;
3.1.6 to
perform the legitimate fees, taxes in relation to the real-estate leasing
activities under current regulations of Vietnam;
3.1.7 to
make a notice of 3 (three months) in advance to the Party B and/or the _____
company in case of unilaterally terminate the Contract prior to the agreed
expiry.
3.2 Responsibilities
of the Party B and the _____ company
3.2.1 To
timely perform the payment of house leasing;
3.2.2 To
exploit the house in purposes as agreed;
3.2.3 To
be liable to compensate for the damages, losing of furniture, interior
equipment at the location which is not caused by normal margin of wear and
tear. Actively manage and control the accompanied equipments which are
proprietary of the Party B and/or the _____ company;
3.2.4 To
fully follow the regulations of security, sanitation and environment at the
location;
3.2.5 To
make a notice of 3 (three) months in advance to the Party A in case of
unilaterally terminate the Contract prior to the agreed expiry.
Article 4. Other
responsibilities of the two Parties.
4.1 Right
after the _____ company gets the Investment Certificate, both Parties shall
come to signatures of the official Contract of house leasing, particularly
specifying the Articles and other conditions as agreed in this IPA, also the
responsibilities of the Parties should be determined. The payment for house
leasing shall be specified upon particular Articles of the official Contract;
4.2 Both
Parties commit to strictly performing the Articles of this IPA and the official
Contract that shall signed later on. In case of disputes, the Parties shall try
their utmost for conciliation. If no amicable conciliation is reached, the
disputes shall be settled upon the current laws of Vietnam;
4.3 In
case where the _____ company is not granted for an Investment Certificate by
competent authorities of Vietnam, the Parties shall come to commitment that no
Party shall be borne by the other for any fees or payments occurred from this
IPA.
Article 5. Miscellaneous
5.1 The
Parties commit to strictly performing the Articles and conditions provided in
this IPA;
5.2 This
IPA shall take effect in a period of 3 (three) months from the date of
signatures. During this time, the Party B should be liable to advise the Party
A in written document of the ability to come to the official Contract of house
leasing;
5.3 This
IPA shall be automatically invalid upon one of the following cases:
(i) The
Party B advises Party A of no signatures to the official Contract of house
leasing;
(ii) The
_____ company fails to be granted for Investment Certificate by the competent
authorities of Vietnam;
(iii) The
Parties officially sign the Contract of house leasing upon issuance of
Investment Certificate to the _____ company.
5.4 This
IPA is made in four (04) original copies in both Vietnamese and English with
equally legal authentic. In case of any inconsistence between the Vietnamese
version and English version due to the translation problem, the Vietnamese ones
shall be prevailed. Each Party in this IPA keeps 01 (one) copy of both
languages, 01 (one) copy is kept in the Application Dossier, 01 (one) copy is
submitted to the Licensing Authorities for their consideration.