Dự án Grand Sunlake có bán cho người nước ngoài. Dưới đây là giỏ hàng căn hộ Grand Sunlake cho người nước ngoài
Chính sách bán hàng dành cho người nước ngoài
- Ưu đãi 2 năm phí quản lý (10.000đ/m2, tính DT thông thuỷ). Trừ trên Giá cho thuê dài hạn trước VAT và trước chiết khấu ưu đãi.
- Quà tặng nội thất (2PN:144TRIỆU, 3PN: 168TRIỆU). Trừ trên Giá cho thuê dài hạn trước VAT và trước chiết khấu ưu đãi.
- Cam kết thuê lại 2 năm (5%/năm) tương ứng 10% cho 2 năm.
- Ck nhóm 2%.
- Chiết khấu thanh toán: PTTT 50% (8%) PTTT 70% (10%), PTTT 100% (15%).
🆘 Chiết khấu được tính trên giá cho Thuê dài hạn chưa bao gồm VAT và PBT.
MẪU HỢP ĐỒNG THUÊ DÀI HẠN
APARTMENT LEASE CONTRACT
AN PHU GIA HOLDINGS JOINT STOCK COMPANY
Date Month _ Year
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
APARTMENT LEASE CONTRACT GRAND SUNLAKE PROJECT
- Civil Code No. 91/2015/QH13 issued by the National Assembly on November 24th, 2015
- Law on Housing No. 65/2014/QH13 issued by the National Assembly on November 25th, 2014
- Law on Real Estate Trading No. 66/2014/QH13 issued by the National Assembly on November 25th, 2014
- Circular No. 19/2016/TT-BXD dated June 30th, 2016 guiding the implementation of some content of the Law on Housing;
- Circular No. 19/2016/TT-BXD dated June 30th, 2016 guiding the implementation of some content of the Law on Housing;
- Circular No. 02/2016/TT-BXD dated October 15th, 2016 issuing regulations on management and use of apartment buildings;
- Circular No. 06/2019/TT-BXD dated October 31st, 2019 relating to amendments to some articles of Circulars relating to management and use of apartment buildings
- Circular No. 28/2016/TT-BXD dated December 15th, 2016 amending and supplementing a number of provisions in Circular No.10/2015/TT-BXD dated December 30th, 2015;
- Decree No. 02/2022/NĐ-CP dated January 6th 2022 guiding several articles of the Law on Real Estate Trading
- Decree No. 30/2021/ND-CP dated March 26th, 2021 amending and supplementing some articles of Decree No. 99/2015/ND-CP dated October 20th, 2015.
- Decision No. 4132/QĐ-UBND dated [July 6th, 2017] on issuing the In-Principle Investment Approval issued by the People’s Committee of Hanoi.
- Decision No. 2192/QĐ-UBND dated [June 27th, 2022] on amendment to In-Principle Investment Approval issued by the People’s Committee of Hanoi.
- Construction permit No. 90/GPXD dated December 18th, 2019 issued by Hanoi Department of Construction and Official Letter No. 202/HDXD dated July 20th, 2022 on approval of the amendment of the Construction Permit issued by the Ministry of Construction;
- Apartment Sale and Purchase Contract No. S1-08-06/2022/HDMBCH/TLVN dated October 31st, 2022between Thang Long Vietnam City and Housing Development Group JSC. and An Phu Gia Holdings JSC.;
- Agreement between the Parties.
In this Contract (including recitals and appendices), the following words and phrases are construed as follows:
|“Representative Office of the Investor”||means the office formed by the Lessor to inspect and oversee the implementation of the Operation Management Services and to represent the Lessor in resolving all issues concerning the management and operation of the Building before the Management Board is established;|
|“Management Board”||means the Building’s Management Board elected by the Apartment Building Meeting to represent the residents to supervise the management and use of the Building, and to protect the legitimate rights and interests of the homeowners and occupants of the Building;|
|“Building Maintenance”||means the regular maintenance and repair of the Common Area Of The Building and the construction and technical equipment associated with the Building meant to maintain the Building’s quality;|
|“Apartment”||means an apartment built as a closed structure in the Building according to the approved design and with the features specified in Article 1;|
|“List of Construction Materials”||means the List of construction materials and equipment inside the Apartment as specified in Appendix 01 attached hereto;|
|“Project”||means the project Commercial Central – Office – Condominium Hesco – Van Quan Ward, Ha Dong District, Hanoi City with a trade name of Grand Sunlake;|
|“Building”||means the 45-floor tower block comprising apartments, commercial & service areas, built in the Project according to the plan and document which are approved by the competent agency;|
|“Building Management and||means the services and tasks that ensure the normal operation of the Building;|
“Apartment Carpet means the area for the private use of the Apartment calculated according to
Area” the carpet area including the wall area separating the rooms inside the
Apartment and the balcony & loggia area (if any) attached to the Apartment; excluding enclosing walls, walls separating apartments and floor areas with columns as well as technical boxes located inside the
|Apartment. When calculating the area of the balcony or loggia, the entire floor area must be calculated. In case the balcony has a common wall area, it is calculated from the inside edge of the common wall, which is clearly shown in the approved Apartment’s floor plan. The Apartment Carpet Area is the basis for calculating the Apartment Lease Price. The parties agree that the Apartment Carpet Area stated in the Contract is only temporary and may increase or decrease according to the actual measurement results at the time of handing over the apartment.|
|“Apartment Floor Area”||is understood as the built-up area of the Apartment, including the floor area with columns and technical boxes located inside the Apartment;|
|“Management and Operation Company”||means the enterprise which meets the requirements of laws in management and operation after the Building is completed and put into use;|
|“Contract”||means this Apartment Lease Contract and its attached appendices as well as written modified and supplemented documents which are made and signed by the Parties during the performance of the Contract (if any);|
|“Common Area Of is the area (place), equipment and common utilities owned and used together|
|The Building”||inside and outside the Building in accordance with the Law on Housing, and its approved design. The Common Area Of The Building is mutual agreed explicitly by both Parties in Appendix 03 of this Contract. To avoid misunderstanding, the Lessee is entitled to use the Common Area Of The Building in accordance with the agreements set out in this Contract;|
|“Private Using Area Of The Lessee”||comprises Recognized Area specified and other technical equipment used for and attached to the Apartment;|
|“Private Area Of The Lessor”||means the area in the Building belonging to the private area of the Lessor but the Lessor does not sell or uses for themselves or does business and the Lessor does not decide the value of this private area into the Apartment Lease Price, specified in detail under Appendix 03;|
|“Management Fee”||means the amount of money that residents shall monthly pay the Representative Office of the Investor /Management Board from time to time for Building Management and Operation Services;|
|“Building Rules”||means the Rules for the management and use of the Building attached to this|
Contract and all amendments adopted by the Apartment Building Meeting during the management and using period. At the time of signing this Contract, Building Rules is issued and regulated by the Lessor in Appendix 04 attached to this Contract;
|“Lessee’s members”||means: If the Lessee is individual: The Lessee’s family members or blood- relatives and/or Lessee’s guests and/or any third party are allowed to live in the Apartment and use public utilities services in the Building by the Lessee. If the Lessee is an organization: The Lessee’s members and/or staffs and/or guests and/or any third party who live, work in the Apartment and use public utilities services in the Building by the Lessee’s permission.|
|“Deposit”||Not subject to any agreement of the two Parties prior to the signing date of|
this Contract, Deposit means an amount of money agreed by the Parties, ensures the performance of the Contract of the Parties.
CONDITIONS OF CONTRACT
Today, on , we include:
I. APARTMENT’S LESSOR (hereinafter referred to as the “Lessor“):
AN PHU GIA HOLDINGS JOINT STOCK COMPANY
|Head office||: No. 178/11 Nguyen Van Thuong Street, Ward 25, Binh Thanh District,|
Tel : Fax:
Account number :
Enterprise registration certificate number: 0316440399 first issued by Hochiminh City Department of Planning and Investment on August 14th, 2020.
|Representative||: Mr. Nguyen Trong Tuan||Position: General Director|
|ID card No.||: DOI:||POI:|
(Under Power of Attorney No. )
II. APARTMENT’S LESSEE (hereinafter referred to as the “Lessee“)::
Mr./Ms.: Year of birth:
|ID/Passport No. :||issued on||in||[Nationality: ]|
|Permanent address:||Contact Address||:|
|Bank account number:||at|
Mr./Ms.: Year of birth:
ID/Passport no . : issued on in [Nationality: ]
Permanent address: Contact Address :
Tel : Email:
Bank account number: at
Or [In case the Lessee is an organization]
Head office :
Tel : Fax:
Account number :
Enterprise registration certificate number:
Representative : Mr./Ms. Position:
ID card No. : DOI: POI:
(Under Power of Attorney No. )
(In the event the Lessee consists of 02 (two) individuals or more, all references to the Lessee in this Contract shall mean references to each person of the Lessee. All obligations and responsibilities of the Lessee in this Contract are joint obligations and responsibilities under the provisions of law. Therefore, the Lessor is not required to define the individual obligations of each person of the Lessee. However, the Lessor is entitled to request any person of the Lessee to perform all obligations and responsibilities of the Lessee under the Contract. For convenience, the persons of the Lessee here agree to authorize the first person named of the Lessee to be the authorized representative (hereinafter referred to as “Authorized Person“) to carry out the transaction with the Lessor related to this Contract. All actions of the Authorized Person shall bind all persons of the Lessee without their individual consent. However, without affecting the above authorization, in the event all documents need to be signed by all the persons of the Lessee, that document shall be signed individually by each person.).
The Lessee and the Lessor are collectively called “Parties” and individually called “the Party” depending on the context.
The Lessor and the Lessee agree to enter into this Apartment Lease Contract with the following terms and conditions:
ARTICLE 1. APARTMENT CHARACTERISTICS
1.1 Location of Project: means the project Commercial Central – Office – Condominium Hesco – Van Quan Ward, Ha Dong District, Hanoi City.
1.2 Location of Apartment: No on the floor. This apartment number can be changed or adjusted by Competent Government Agency but it does not change the real location according to the approved project design.
1.3 Current status: Off-the-plan real estate.
1.4 Apartment Area
- Apartment Floor Area: …………………. m2.
- Apartment Carpet Area: ……………………. m2.
1.5 Land area for Building construction:
- Total land use area: According to the project’s legal documents approved by the competent authority from time to time.
- Origin of land use: Land allocation with land use fee.
- Purpose of land use: According to the project’s legal documents approved by the competent authority from time to time.
- Usage function: According to the project’s legal documents approved by the competent authority from time to time.
- Material and equipment used for the Apartment: specified in Appendix 01 of the Contract or corresponding amendments and supplements to Appendix 01 as agreed by both parties.
ARTICLE 2. APARTMENT LEASE PRICE
2.1 The Lease Price of the Apartment is specified is specified in Appendix 02 of the Contract or the corresponding amendments of Appendix 02 as agreed by both parties (“Apartment Lease Price“).
2.2 The Apartment Lease Price under Article 2.1 does not include the following expenses:
2.2.1 Maintenance Fee and Management Fee specified in Appendix 02 of Contract;
2.2.2 Other taxes, fees and charges according to the State regulations arising from the use and exploitation of the Apartment from time to time are the responsibility of the Lessee
2.2.3 Fees and costs for connection and installation of equipment, fees for use of services for the Apartment including gas supply services, postal services, telecommunication services, TV cable and other services which are privately used by The Lessee in the Apartment
2.2.4 Other fees and charges that The Lessee must pay according to the Building Rules
2.2.5 Taxes, fees and charges araising during the period of using the Apartment that the purchaser must pay in accordance with the law
2.3 Apartment Lease Price adjusment:
2.3.1 If the difference of the actual Apartment Carpet Area at the time of handover compared to the Apartment Carpet Area written in the Contract is no more than ±2% (plus/minus two percent), the Parties shall not adjust the Apartment Lease Price, excluded VAT.
2.3.2 If the difference of the actual Apartment Carpet Area at the time of handover compared to the Apartment Carpet Area written in the Contract is more than ±2% (plus/minus two percent), the Apartment Lease Price excluded VAT shall be adjusted as follow: Actual Apartment Carpet Area at the time of handover multiplies the Unit Price under this Contract.
• To avoid misunderstanding and fully understand, the Parties give an example as follows:
For example, the Apartment Carpet Area written in the Contract is 100 m2
- The Apartment Lease Price excluded VAT shall not be adjusted when: Actual Apartment Carpet Area at the time of handover is from 98m2 to 102m2.
- The Apartment Lease Price excluded VAT shall be adjusted when: Actual Apartment Carpet Area at the time of handover ecceeds 92m2 and but is less than 98m2; or exceeds 102m2 but is less than 108m2, the Apartment Lease Price excluding VAT will be modified. To be more specific:
Actual Apartment Carpet Area at the time of handover ecceeds 102m2 but is less than 108m2, the Apartment Lease Price excluding VAT shall be increased by multiplying the Unit Price by the actual increased area.
Actual Apartment Carpet Area at the time of handover ecceeds 92m2 and but is less than 98m2, the Apartment Lease Price excluding VAT shall be decreased by multiplying the Unit Price by the actual decreased area.
When the case under Article 2.3.2 happens, the Parties shall adjust the Apartment Lease Price, VAT,… and other relevant taxes, fees and charges.
In the event the Parties comply with the regulations about the area difference mentioned above, it must not be taken as the cause for the Parties to unilaterally terminate the Contract, except for the case specified in Article 7.1.8
ARTICLE 3. PAYMENT METHOD AND PAYMENT SCHEDULE
3.1 Payment method:
3.1.1 The payment will be paid in Vietnam Dongs by bank transfer to the Lessor’s bank account and the Lessee shall pay all transfer fees. The Lessor’s bank account information is specified at the beginning of the Contract or in a notice about changing the bank account sent to the Lessee at least 07 (seven) days before the due date.
3.1.2 The time of determination of the Lessee’s payment is when the Lessor confirms by document to receive the Lessee’s payment or when the amount paid by bank transfer credited to the Lessor’s bank account.
3.2 Payment schedule: specified in Appendix 02 attached to this Contract.
ARTICLE 4. APARTMENT LEASE TERM, HANDOVER OF THE APARTMENT
4.1 The lease term is: from the date on which the Lessee fully pays 100% of the Apartment Lease
Price and due amounts as prescribed in the Contract (including but not limited to: VAT, Maintenance Fee, Late Payment Interest and penalties for violations …) to […], according to Decision 4132/QD-UBND dated July 6th, 2017 by the Hanoi People’s Committee (“Lease Term“). In case the Lessee is a foreign organization, the Lease Term is equal to the operation period recorded in the Certificate of investment (or other papers) issued by a competent authority in Vietnam, but not exceed the Lease Term unless otherwise agreed by the parties.
4.2 Time of handover: The Lessor expects to hand over the Apartment to the Lessee on . The handover date may be earlier or later than 180 (one hundred eighty) days from the expected date (“Expected Handover Date”). In that case, the Lessor will send the Lessee a written notice.
4.3 The Lessor will send the Lessee a written notice about the handover date and formalities of the Apartment and other relevant issues (“Handover Letter”) before 15 (fifteen) days from the handover date after the Apartment meets the requirements to hand over in accordance with the Contract.
On the handover date in Handover Letter, the Lessee or a person legally authorized by the Lessee shall examine the actual condition of the Apartment as compared to the agreed conditions contemplated by this Contract and sign the Minutes of Apartment Handover (“Minutes of Apartment Handover”) if the Apartment meets the requirements in accordance with the Contract.
4.4 The Apartment shall be handed over to the Lessee when:
4.4.1 The Apartment is completed in conformity with the approved design; used correctly (or equivalently) the equipment, materials specified in the List of Construction Materials and Equipment in Appendix 01 attached to this Contract;
4.4.2 At the time of handover, the Lessee has completed all due payments under the Contract, including Apartment Lease Price, Maintenance Fee, Management Fee, Late Payment Interest and penalties for violations (if any)…;
4.4.3 The differential rate between the actual Apartment Carpet Area at the time of handover compared to the Apartment Carpet Area written in the Contract not ecceeds 8%. In case the differential rate exceeds 8%, the Lessee has rights to refuse to take Apartment over without being considered as violating the conditions for handover of the Apartment. Accordingly, the Parties will agree to proceed one of the following options: (i) the Lessee will purchase other real estate products of the Lessor which have not been distributed/transacted by the Lessor at the time of handover under agreed price of both Parties, or (ii) the Lessee accepts the handover with the Apartment Lease Price (excluded VAT) shall be adjusted as actual Apartment Carpet Area (x) multiplied by Unit Lease Price specified in this Contract, the payment of difference area is made according to the provisions in Appendix 02 of the Contract; or (iii) the Lessee unilaterally terminates the Contract.
When the Lessee unilaterally terminates the Contract according to the provisions of this Article, the Lessor is obliged to return to the Lessee all amounts paid by the Lessee for the Apartment Lease Price up to the time of termination (the return amount includes the Deposit paid by the Lessee, excluding the interest on late payment, the penalty for violation that the Lessee has paid to the Lessor (if any)) within 10 (ten) working days from the date the Lessor signs the Apartment sale and purchase Contract/Apartment Lease Contract with the third party or within 60 (sixty) days from the date of termination of this Contract and the Lessee completes the procedures for Contract termination, whichever comes first.
4.4.4 The Lessee does not violate the Contract and/or any legal provisions relating to the leasing and use of the tourist apartment resulting in the Contract being terminated or invalidated or the case that the Leasee not be eligible to take the handover in accordance with the laws.
4.5 At the time of handover according to the Handover Letter, the Parties agree that:
4.5.1 If the Lessee notices that there are material defects or deficiency as compared to the description in the Contract, the Lessee request for rectifying such defect or deficiency in the Minutes of Apartment Handover or in a written request form for rectifying. The Lessor is liable for rectifying such defect or deficiency in a lapse of time that the Parties agreed in the Minutes of Apartment Handover or in the request form. For clarification, minor defects, errors of the Apartment at the time of handover without having to change equipment and materials as agreed in Appendix 01 and do not affect the normal use and activities of the Lessee at the Apartment (including but not limited to scratches, a few small points on the door, floor, kitchen, kitchen cabinets, tiles) are not considered a reasonable reason to refuse to take over the Apartment in accordance with this Contract
If the Lessee signs the request form for rectifying but does not take over the Apartment, the Lessor shall send a handover notice to the Lessee after the Lessor has rectified such defect and deficiency of the Apartment as specified in the request form, and the Lessee has an obligation to take over the Apartment in accordance with Article 4.3 of this Contract.
To avoid misunderstanding and dispute, the Parties agree that the rectification of defect, mistakes or damage of the Apartment (if any) specified in the Minutes of Apartment Handover will be applied to Apartment warranty in Article 13 of this Contract.
4.5.2 If the request of rectifying defect by the Lessee is not consistent with the specification of the Apartment described in Article 1 of the Contract, the Lessor has rights to refuse to repair or remedy. Within 5 (five) days after receiving Lessor’s written refusal with clear reasons, the Lessee may send another written complaint to the Lessor with clear reasons and the Parties shall negotiate together. In the case of a negotiation failure, the dispute shall be settled in accordance with this Contract.
4.6 In case of more than 05 (five) days from the handover date written in the Handover Letter, the Lessee or authorised representative: (i) fails to attend the handover of the Apartment within the handover term specified in the Handover Letter, unless otherwise agreed by Parties; or (ii) comes to inspect but does not take over the Apartment or does not sign the Minutes of Apartment Handover even though the Apartment has fully met the handover conditions as prescribed in the Contract, the Lessor is entitled to apply one of the following remedial measures:
- On the date of handover specified in the Handover Letter, the Lessor has handed over the Apartment to the Lessee with full details and characteristics agreed in the Contract, the Lessee officially takes over of the Apartment and the Lessor has completed the task of handing over Apartment under the Contract. For clarification, the Lessee is deemed to accept the difference area (if any) specified in the Handover Letter and is obligated to pay the due amounts under Lessor’s notice; in case of breach of payment obligation, the Lessor has right to apply the handling measures specified in Article 8.1 of the Contract.
In the case above, the handover of Apartment between Parties shall be deemed to complete by the expiry date of the Handover Letter. Regarding any complaint arising from the handover or situation of Apartment, the Lessor will resolve under the term of Apartment warranty and the Lessee shall be responsible for all damages and equipment attached to the Apartment from the handover date, including electricity – water bill, Internet, telecommunication services, TV cable,… and other services in the Building according to the service providers’ notices (if any).
- The Lessor has the right to unilaterally terminate Contract and apply the provisions of Article 8.1.2 (b) of Contract.
4.7 The Lessee shall be responsible for all risks relating to the Apartment and properties from the handover date under Article 4.5 and Article 4.6 mentioned above (“Handover Date”), regardless of whether or not the Lessee has occupied the Apartment. Risk to the assets inside the Apartment is transferred to the Lessee from the Handover Date.
ARTILCE 5. THE USE OF APARTMENT
5.1 Purpose of using the Apartment: temporary residence or accommodation service business in compliance with this Contract and applicable legal requirements.
5.2 Maintenance Fee, Management Fee: is specified in Appendix 02 of the Contract.
5.3 The rules and regulations on management and operation of the Building
5.3.1 At the time of signing the Contract, the Building Rules are promulgated by the Lessor and specified in Appendix 04 attached to the Contract; The Building Rules may be amended
and supplemented by the Apartment Building Meeting during the management and use of the Building.
5.3.2 From the Handover Date, even if the Lessee has not used and exploited the Apartment, the Apartment will be managed and maintained in accordance with the Building Rules. The Lessee must comply with the provisions set forth in Building Rules, regulations on management and use of apartment buildings promulgated by the Ministry of Construction;
ARTICLE 6. RIGHTS AND OBLIGATIONS OF THE LESSOR
6.1 Rights of the Lessor:
6.1.1 Request the Lessee to take over the Apartment as specified in Article 4 of this Contract;
6.1.2 Request the Lessee to pay full amount of Apartment Lease Price Rent according to the schedule and method agreed in Article 3 of this Contract.
6.1.3 Request the Lessee to preserve and use the Apartment in accordance with the current status specified in Article 1 of this Contract;
6.1.4 Request the Lessee to compensate for the damage or repair the damage to the Common Area Of The Building and/or the Private Area Of The Lessor caused by the Lessee’s fault;
6.1.5 Renovate and upgrade the Apartment with the Lessee’s approval, but without affecting the Lessee.
6.1.6 Unilaterally terminate the Contract as specified in Clause 1, Article 30 of the Law on Real Estate Business;
6.1.7 To be exempted from responsibilities regarding to dispute, complaint of any third party towards the Lessee’s behavior related to signing and performing this Contract as well as using, exploiting and possessing the Apartment, except the Lessor‘s fault
6.1.8 During the warranty period, the Lessor has a right to enter the Apartment to inspect and/or conduct warranty works when noticing that there are mistakes during the time of using the Apartment and other apartments, other areas in the Building adjoining the Apartment (above, below, next to) that is notified by the Lessee and/or Management and Operation Companyor any third party provided that the Lessee will be notified at least 3 (three) days before the warranty, except in the case of an emergency for Building safety
6.1.9 To have full ownership rights, including the right to operate, manage, and conduct business, as well as other rights regarding to the Private Area Of The Lessor and the Common Area Of The Building in accordance with the Building Rules, approved design and Vietnamese Laws
6.1.10 To be allowed to permanently hang the Building banners, logos, and brand names of the Investor and/or the developer of the Project appointed by the employer at no cost in the Common Area of the Building, the Building facade, provided that it has no impact on ownership or use of the Apartment and the Common Area Of The Building.
6.1.11 To alter the building’s furnishings and construction materials with those of equivalent quality in compliance with the criteria of the construction law.
6.1.12 Other rights provided in this Contract.
6.2 Obligations of the Lessor
6.2.1 To hand the Apartment over to the Lessee as agreed in the Contract; guide the Lessee to use the Apartment in accordance with the functions and designs in Article 1 of this Contract;
6.2.2 Guarantee that the Lessee will be able to use the Apartment stably throughout the Lease Term
6.2.3 Maintain and repair of the Apartment as agreed;
6.2.4 Not to unilaterally terminate the Contract when the Lessee properly performs its obligations under the Contract, unless the Lessee agrees to terminate the Contract;
6.2.5 Compensate for damage caused by Lessor’s fault;
6.2.6 Fulfill financial obligations to the State according to the provisions of law;
6.2.7 To organize parking area for motorbikes (excluding parking fee) from the date on which the Building is put into operation and management. The arrangement of parking area for cars and equivalent in the Building shall follow the principle that the apartment owners have priority before spaces can be used for public parking.
6.2.8 To preserve the safety of the Lessee’s information obtained through the signing and performance of the Contract; unless disclosing the information is necessary to meet contractual duties and legal responsibilities, or at the request of competent authorities;
6.2.9 Provided that the Lessee fully complies with the obligations under this Contract, the Lessor commits not to perform transactions that may affect the Lessee’s right to use the Apartment in a stable and long-term manner throughout the Lease Term, especially:
- Not transfer, offer for sale or dispose of the Apartment without the prior written approval of the Lessee.
- Not to use the Apartment as collateral or create any security to the Apartment for any third party, except with prior written approval of the Lessee.
ARITCLE 7. RIGHTS AND OBLIGATIONS OF THE LESSEE
7.1 Rights of the Lessee
7.1.1 Request the Lessor to hand over the Apartment in accordance with the current status listed in Article 1 of this Contract;
7.1.2 Request the Lessor to provide complete and truthful information about the Apartment;
7.1.3 To sublease a portion or entire of the Apartment;
7.1.4 Keep renting the Apartment under the terms agreed with the Lessor in case of change of owner.
7.1.5 Request the Lessor to warrant the Apartment in compliance with this Contract’s provisions;
7.1.6 Request the Lessor to compensate for the damage caused by the Lessor’s fault;
7.1.7 Refuse to take over the Apartment if the actual Apartment Carpet Area at the time of handover compared to the Apartment Carpet Area written in the Contract exceeds more than 5%. The refusal to take over Apartment in this case shall not be deemed to breach conditions for handover of the Apartment.
7.1.8 Other rights provided in this Contract.
7.2 Obligations of the Lessee
7.2.1 Maintain and use the Apartment according to the functions and designs listed in Article 1 and agreements in the Contract;
7.2.2 Pay in full and on time Apartment Lease Price as agreed in Articles 2 and Article 3 of this Contract, regardless of whether or not there is a payment notice from the Lessor;
7.2.3 Make proper use of the Apartment and repair any damage caused by Lessee’s fault;
7.2.4 Return the Apartment to the Lessor if it is required to return the Apartment as agreed in the Contract;
7.2.5 Not to change, renovate or demolish the Apartment without the Lessor’s written consent;
7.2.6 Compensate for damage caused by Lessee’s fault;
7.2.7 From the Handover Date, the Lessee shall accept all risks (including risks arising from an event of force majeure). Therefore, the Lessee shall have responsibilities for the Apartment and be selfresponsible for purchasing, maintaining necessary insurance policies against all risks, losses related to the Apartment in accordance with the laws. The Parties agree that any risk, loss, or damage to the Apartment from the Handover Date shall be borne by the Lessee and the Lessor shall be under no obligation to refund any part of Lease Price to the Lessee, unless such risks, loss or damage are caused by the Lessor’s breach and are specified in this Contract. The Lessee is entitled to the insurance or compensation in the event that the Lessee buys insurance according to the provisions of this Contract
7.2.8 To pay for service fees such as electricity, water supply, cable TV, communication, Internet, swimming pool, parking fee and other fees and charges incurred by the Lessee’s use to service providers or the Representative Office of the Investor or Management and Operation Company even the Lessee do not use the Apartment.
7.2.9 The Lessee along with other people under the Lessee’s management must move out of the Apartment and remove the equipment and assets owned by the Lessee if the Lessee breaches its obligations and lead to the termination of this Contract after the Lessee has taken over the Apartment in accordance with the provisions of Article 4 of the Contract. If the Lessee fails to remove the equipment and assets from the Apartment within 15 (fifteen) days after receiving the Lessor’s written request, the Parties agree that the Lessor has the right but not the obligation to remove all such equipment and property, with all transportation, relocation, dismantling, and storage costs paid by the Lessee.
7.2.10 To perform other obligations in accordance with decisions of competent Government Agencies, and remedy for breach of contract in conformity with Building Rules when there is a breach of Rules or other regulations on management and use of the Building
7.2.11 the Apartment or not) is not allowed to change the exterior and interior design of the Apartment (including build/dismantle walls, remove or move equipment and technical system attached to theCommon Area Of The Building, etc.); not allowed to hang banners, advertisements, posters, signboards and other relevant objects outside or inside the Building that can be seen from outside the Apartment/Building; not allowed to expand the area around or any intervention that affects the architecture and structure of the Building and/or the façade of the Apartment.
In the case that the Lessee wishes to repair the interior of the Apartment (that does not affect the structure of the Apartment), the Lessee must comply with the Building Rules
ARTICLE 8. RESPONSIBILITY FOR BREACH OF CONTRACT
8.1.1 Responsibilities of the Lessor in breach of the Contract
8.1.2 In case the Handover Date is overdue and the Lessor fails to handover the Apartment to the Lessee though the Lessee has paid in full payments and on time in accordance with the Contract, the Lessor shall pay an amount of interest to the Lessee which is 12% per year of the total amount of Apartment Lease Price that the Lessee paid for the Lessor (not including Late Payment Interest, penalties for violations, damages), calculated from the first day after the Expected Handover Date until the Handover Date. The interest will be subtracted from other remained sums of money by the Parties. In case the remained sum of money is not enough to clear, the Lessor has repsonsibility to pay the remaining money for the Lessee before Handover Date.
8.1.3 If the Lessor handovers the Apartment later than 90 (ninety) days, from the Expected Handover Date and the Lessee has paid in full payments and on time in accordance with the Contract, the Lessee shall be entitled to:
- Continue to perform the Contract and agree to extend the time of handover of the Apartment with the Lessor, and simultaneously request the Lessor continue to pay the interest due to late handover under Article 8.1.1 of this Contract until the Handover Date; or
- Request the Lessor to terminate the Contract and the Lessor has the responsibility to pay the Lessee the following sums of money: (i) Total amount of Apartment Lease Price that the Lessee paid to the Lessor until the time of termination (the refund includes The Deposit that the Lessee paid, not including late payment interest, penalties for violations that the Lessee paid to the Lessor (if any)); (ii) The interest under Article 8.1.1 until the date the Lessee sends the notice of unilateral termination of Contract which the Lessor has not paid yet; (iii) Penalty is equivalent to the Deposit; (iv) Penalty for breach of Contract is 8% (eight percent) of the Apartment Lease Price excluded VAT and (v) Actual damages in accordance with laws. This amount of money shall be paid to the Lessee within 10 (ten) days from the date the Lessor signs the apartment sale contract/apartment lease contract with Third Party or within 60 (sixty) days from the termination date of this Contract, whichever comes first.
8.1.4 In case the Lessee fails to send a notice of Contract termination right within 30 (thirty) days from the date of the Contract termination right arising in accordance with Article 8.1.2, the Parties agree that:
- The Lessee agrees to continue performing the Contract and the time of the handover of the Apartment will be notified in writing to the Lessee when the Apartment could be handed over. The Lessor shall continue to pay the interest due to late handover until the Handover Date under Article
- The procedures of the handover of the Apartment shall be conducted in accordance with the regulations of this Contract.
8.1.5 To be more specific, regulations under Article 8.1.1 and Article 8.1.2 mentioned above shall not be applied in case the Lessor fails to handover the Apartment to the Lessee due to Force Majeure Event. In this case, the Expected Handover Date will be prolonged a period of time which is equal to the time that the Force Majeure Event occurred and the actual
time for remediation but not to exceed 180 (one hundred and eighty) days according to the Lessor’s notice so that the Lessor can remedy the consequences from that Force Majeure Event.
8.2 Responsibilities of the Lessee in breach of the Contract
8.2.1 In case the Lessee makes late payment obligations more than 05 (five) days calculated from the due date under provisions of Appendix 02 of this Contract, in addition to payment obligation of the Apartment Lease Price, the Lessee has the responsibility to pay an interest calculated 0.05%/day (zero point zero five percent per day) on total late payment to the Lessor, calculating from the following day of the due date to the date that the Lessee pays in full all due payment to the Lessor (“Late Payment Interest”).
8.2.2 In case the Lessee breaches of any payment obligations more than 30 (thirty) days from the due date of each installment or the sum of all late payments exceeds 90 (ninety) days, the Lessor shall be entitled to apply one of the following handling measures:
- Request the Lessee (i) to perform the contract and remedy such violations in a period of time given in the written notice or email by the Lessor and (ii) to pay Late Payment Interest calculated from the following day of the due date to the date that the Lessee fulfills their payment obligations. If the Lessee fails to remedy such violations on time according to the notice, the Lessor shall be entitled to apply handling measure under Article 8.2.2(b); or
- Unilaterally terminate the Contract by sending written notice to the Lessee (“Contract Termination Letter”) and request the Lessee to pay: (i) Late Payment Interest from the following day of the due date to the termination date; (ii) Penalty for breach of Contract with the penalty rate is 8% (eight percent) of the Apartment Lease Price excluded VAT; and (iii) compensate for actual damages and loss in accordance with laws. In case the Contract is terminated under Article 8.2.2(b), the Lessor will not refund the Deposit to the Lessee. The Contract shall be automatically terminated after 15 (fifteen) days from the date the Lessee is deemed to receive of Contract Termination Letter or at any point of time agreed by the Parties.
8.2.3 Without prejudice to provisions in Article 8.2.1 and Article 8.2.2 above, in case Party B fails to perform its payment responsibility in accordance with the progress specified in this Contract, both Parties agree that, in any time, Party A has the right to choose to apply the provisions of Articles 8.2.1, 8.2.2 of this Contract to proceed or to extend the hand-over of the Apartment for a certain period of time (“Extension of Handover Time“). In any case, however, the Extension of Handover Time shall not exceed the total time of the Lessee’s late payment for all scheduled batches as agreed in this Contract. In this case, the Lessee will be refunded or deducted (if the Lessee has made a partial payment) an overdue interest equivalent to the ratio of the Extension of Handover Time over the total time of the Lessee’s late payment for all batches as agreed in the this Contract on the following calculation principles:
Overdue interest will be refunded/ deducted = (Extension of Handover Time / Total time of the Lessee’s late payment for all batches as agreed in this Contract) x Overdue interest payable by the Lessee due to late payment
8.2.4 In case the Contract is terminated under Article 8.2.2(b), the Lessor shall be entitled to sell/lease the Apartment to a third party and the Lessor shall refund all the payments to the
Lessee (not including The Deposit) after deducting the penalties for violations and/or damages subtracted from the total sum of money in accordance with the remedies for breach of contract under Article 8.2.2 that the Lessor applies.
The refund period to the Lessee is within 10 (ten) working days from the date the Lessor signs the Apartment Sale Contract with Third Party or within 60 (sixty) days from the termination date of this Contract, whichever comes first
8.2.5 Within 15 (fifteen) days from the date of receipt of the Contract Termination Letter from the Lessor, the Lessee has the responsibility to remove equipment and property belongs to the Lessee‘s ownership out of the Apartment in case the Lessee received the handover of the Apartment from the Lessor and the Lessee has been conducting home interior decoration of the Apartment. If the time limit is over, the Lessee fails to remove equipment and property belongs to the Lessee out of the Apartment, the Parties agree that the Lessor has the right (but not the obligation) to remove those equipment and property and the Lessee shall pay for the transportation fee, removal fee and storage charges
8.2.6 In case the Lessee fails to take over the Apartment within 10 (ten) days from the handover date of the Apartment according to the notice from the Lessor and the Apartment fulfills the conditions of handover under the Contract, the Lessor shall be entitled to unilaterally terminate the Contract and apply the regulations under Article 8.2.2 (b) of the Contract to resolve.
8.3 Force Majeure events: The Lessee or the Lessor shall not be considered a breach of the Contract and shall not be penalized or liable for damages if the delay in performance or failure to perform the obligations agreed upon by the parties in this Contract is due to force majeure events, such as natural disasters, wars, changes in legal regulations and other cases that are not caused by the fault of the Parties.
8.3.1 Any financial difficulties will not be considered as a force majeure event.
8.3.2 Upon occurrence of one of Force Majeure, the party affected by Force Majeure has to immediately notify the other party within 30 (thirty) days, from the date the Force Majeure occurred, the party affected by Force Majeure has to send a written notice specified remedies to apply for that situation and provide information about Force Majeure Event which prevents the performance of the Contract, including valid confirmation of local government agency (if any). The incapability of the party affected by Force Majeure in implementation of their obligations shall not be deemed as a violation of their obligations under the Contract and shall not be the basis for the other party to terminate this Contract if the party affected by Force Majeure has fulfilled their obligations under this Article.When a Force Majeure Event occurred, the party affected by Force Majeure must make a great effort to remedy damages and apply necessary measures to overcome that situation in the earliest time and reduce losses to the minimum.
8.3.3 The fulfillment of obligations under this Contract shall be suspended during the occurrence of force majeure events. Both Parties will continue to perform their obligations after the event of Force Majeure ends, except regulations under Article 9.1.4 of this Contract.
ARTICLE 9. TERMINATION OF CONTRACT
9.1 This Contract shall be terminated if any of the following circumstances occur:
9.1.1 The Parties agree to terminate the Contract in writing. In this case, the Parties shall make a document setting out specific conditions and period for termination of the Contract
9.1.2 The Lessee has not paid Apartment Lease Price as scheduled in Article 3 of this Contract and the Lessor has right to use the handling methods specifided in Article 8.2.2 (b) of the Contract.
9.1.3 The Lessor is late in handing over the Apartment as agreed in Article 4 of this Contract and the Lessee has right to use the handling methods specifided in Article 8.1.2 (b) of the Contract.
9.1.4 In case the Party affected by Force Majeure Event fails to remedy damages to continue fulfilling their obligations within 180 days, from the date of Force Majeure Event occurred and the Parties do not have any different agreements, one of the Parties shall be entitled to unilateral terminate the Contract and this termination shall not be deemed to violate the Contract. The Parties shall not compensate damages for each other, simultaneously the Parties have responsibilities to settle and determine the level of completion to solve such issues which the Contract liquidation be based on;
9.2 Except in case of termination under Article 9.1, the fact that one Party unilaterally terminates the Contract shall be deemed as illegal termination and not under the scope of the agreement between Parties. The Party who has terminated unilaterally shall pay penalties for violation and compensate for actual losses for damaging the other Party under this Contract. To be more specific:
- If the Lessee illegally terminates the Contract, the Lessee shall be punished in accordance with Article 8.2.2 (b) of Contract.
- If the Lessor illegally terminates the Contract, the Lessor shall be punished in accordance with Article 8.1.2 (b) of Contract
9.3 From the time sending notice of unilateral termination of Contract under Article 9.2, the Lessor has the right to dispose the Apartment, including signing documents relating to selling the Apartment to a third party, though the Lessee has signed the liquidation documents or not
ARTICLE 10. SUBLEASING – CONTRACT ASSIGNMENT
10.1.1 The Lessee has the right to sublease a part/entire Apartment to a third party (“Subleasee”) without the prior consent of the Lessor, but must notify the Lessor in writing and comply with the following conditions:
- The rights and obligations of the Subleasee in the Subleasing Contract must be within the scope and consistent with the rights and obligations of the Lessee in this Contract and the provisions of law
- The Lessee or Subleasee is responsible for paying all taxes and expenses incurred in connection with the sublease of the a part/entire Apartment.
10.1.2 In all cases where the Lessee subleases the Apartment, the Lessee must still perform any responsibilities and obligations of the Lessee to the Lessor under this Contract. Any
violation of the sub-tenant third party arising during the management and use of the Apartment shall be considered a violation of the Lessee.
- When the Lessee desires to assign the Contract, the Lessee shall send the Lessor a written notice of the assignment including the information of the contract assignee, the transfer price and the transfer agreement between the Lessor and the Lessee. Within 07 (seven) working days from the date of receipt of Lessee’s notice, the Lessor shall determine the outstanding obligations of the Lessee to the Contract (if any) and notify the Lessee of its obligations, time for carrying out the procedures for accepting the Contract assignment.
- The Lessee is allowed to assign rights and obligations arising from the Contract to a third party
(“Contract Assignee”) only when these following conditions satisfied:
- The Apartment is not in transfer restriction according to decisions of the competent government agency or not having any dispute with any other third parties.
- The Lessee has fulfilled all due payments for the Lessor (including late payment interest, penalties for violations, if any) in accordance with this Contract
- The Contract Assignee shall commit to receive full rights and obligations from the Lessee under the Contract; agree to comply with the agreement between the Lessor and the Lessee in this Contract. The assignor and the assignee shall fulfil their obligations to pay taxes, fees and charges to the competent government agency relating to the assignment of Contract in accordance with laws.
- Contract Assignee, at the request of the Lessor, has signed the rights and obligations transfer agreement or tripartite transfer agreement with the Lessor and the Lessee to inherit all the rights and obligations of the Lessor in this Contract.
- The Lessee has fulfiled other fees and charges relating to the assignment of the Contract in accordance with the agreement between Parties at the time of signing the Contract (if any).
- Contract Assignee must satisfy the requirements to lease the Apartment in accordance with Vietnamese Laws at the time of assignment.
- The Lessee has paid the Lessor a customer profile management fee of 5,000,000 VND (Five million VND)/ 01 document.
10.2.3 Contract Assignee has the same rights and obligations from the Lessee under this Contract and Building Rules. In any cases, the Contract Assignee shall be deemed to agree to obtain all rights and obligations of the Lessee regarding to the Apartment in accordance with the Contract and Building Rules.
10.2.4 During the Lease Term, the Lessor is entitled to assign the Project, and/or assign all its rights and obligations under this Contract to a third party provided that the assignee will continue to assume all rights and obligations of the Lessor under this Contract and maximize the rights of the Lessee as specified in this Contract.
ARTICLE 11. PRIVATE AREA, COMMON AREA AND THE USE OF APARTMENT
11.1 The Lessee has right to use privately the Private Using Area Of The Lessee under this Contract, has right to use commonly the Common Area Of The Building under the Contract and laws
11.2 The private area and technical equipment belong to the Private Area Of The Lessor specified in Appendix 03 attached to the Contract
11.3 The common area and technical equipment belong to the Common Area Of The Building specified in Appendix 03 attached to the Contract
11.4 The Parties agree that the position and actual area of the Private Area Of The Lessor and Common Area Of The Building specified under this Article shall be determined precisely according to measurement results when completing the construction works, handover of the Building and putting the Building into use in accordance with the approved design, Parties’ agreement and laws.
ARTICLE 12. MANAGEMENT AND USE OF MAINTENANCE FEE
12.1 Maintenance Fee is an amount that the Lessee is obliged to contribute calculated on the Private Using Area Of The Lessee to serve the repair, renovation and maintenance of the Common Area of the Building. The two Parties agree, the Lessee will be responsible for contributing the Maintenance Fee as specified in Appendix 02 of this Contract.
12.2 The Lessee must transfer the Maintenance Fee to the account specified in this Contract and send a copy of the confirmation payment to the Lessor before taking over the Apartment; if the Lessee fails to transfer Maintenance Fee, the Apartment will not be handed over to the Lessee. After Management Board is established and requests in writing to take over the Maintenance Fee, the Lessor and the Management Board agree to make a minutes of settlement of the Maintenance Fee. The Lessor shall submit a written request, accompanied by the settlement minutes, to the credit institution that manages the Maintenance Fee account, requesting that this fee shall be transferred to an account established by the Management Board and refund of Maintenance Fees previously performed by the Lessor (if any).
12.3 When warranty period has expired and there is maintenance of objects and equipment in the Common Area of the Building araising out while the Maintenance Fund has not been handed over to the Management Board, the Lessor is responsible for maintaining these objects and equipment. When handing over the Maintenance Fund to the Management Board, the Lessor will be reimbursed for the monies spent on maintenance.
12.4 Each Party must bear the costs of maintaining their private using area in accordance with the law. To clarify, after deducting the maintenance fee collected from the Private Area Of The Lessor to contribute to the maintenance fund, the Lessor is entitled to manage and use the remaining maintenance cost by itself in order to maintain the common ownership of the areas privately owned by the Lessor.
12.5 Financial management: The Lessor is responsible for keeping, preserving and controlling the invoices and financial expenses related to the management of the Building. After being established, the Management Board will be responsible for managing the Maintenance Fee, managing the operation of the Building in accordance with the provisions of the law on housing and the Building Rules.
12.6 Maintenance Fee account as per the following details:
- Account’s holder: […]
- Account’s number: […]
- At bank: […]
12.7 TPayment method: transfer to the account specified in Article 12.6 with transfer costs paid by the Lessee.
ARTICLE 13. APARTMENT WARRANTY
13.1 The Lessor is responsible for warranting the Apartment in accordance with Article 20 and Article 85, Law on Housing No. 65/2014/QH13 which is passed by the National Assembly on November 25, 2014.
13.2 Scope of Apartment warranty including repair and fix defects of frames, columns, beams, floors, walls, ceilings, roofs, terraces, stairs, pressed, paved, plastered parts, fuel supplying system, life electricity supplying system, lighting electricity supplying system, water tank and water supplying system, septic tank and plumping system, household waste, reparation of leaning, sinking, cracking, collapsing parts of the Apartment
13.3 Regarding other pieces of equipment attached to the Apartment, the Lessor has responsibilities to implement the warranty by repairing and replacing in accordance with the time regulation of the manufacturer.
13.4 The Lessor has responsibilities to implement the warranty to the Apartment by replacing or repairing defective parts or replacing with objects of the same type at a similar or higher quality. The warranty activity by way of replacing or repairing is only conducted by the Lessor or a person legally authorized by the Lessor. In case of the Lessor fails to fulfill warranty obligations on time under the Contract, the Lessee may repair defective parts by themselves and the cost of repairs shall be paid by the Lessor based on the receipts, documents which are provided by the Lessee. The Lessor has no responsibilities to reimburse for the cost of repairs if the Lessee repairs on their own initiative and it is not because of the late warranty of the Lessor.
13.5 The Lessee must in time notify in writing to the Lessor when the Apartment has defects in the scope of warranty. If the Lessee fails to conduct necessary measures to limit additional defects or fails to comply with the warranty conditions, the Lessee has responsibilities for a part of or the whole warranty costs towards level of breaches. Within 30 (thirty) days from the date of the Lessee’s notification receipt, the Lessor has responsibilities to warrant defects in accordance with the regulations; the Lessee must create favourable conditions for the Lessor to complete the Apartment‘s warranty
13.6 The Lessor shall not warrant the Apartment in following circumstances:
13.6.1 Defects arising because of normal wear and tear;
13.6.2 Defects arising because of fault of the Lessee or any users or any third party;
13.6.3 Defects arising because of Force Majeure events;
13.6.4 Defects of interior finishing parts of the Apartment made by the Lessee themselves or equipment attached to the Apartment that the Lessee installs themselves or repairs on their own initiative without the Lessor‘s acceptance;
13.6.5 Out of warranty period in accordance with this Article;
13.6.6 Other circumstances that are not provided in scope of warranty under this Article.
13.7 After the warranty period under this Article, the reparation of defects of the Apartment is under the responsibilities of the Lessee. Maintenance of the Common Area Of The Building is conducted under the provisions of the law and the Building Rules.
ARTICLE 14. SETTLEMENT OF DISPUTES
In case the Parties have disputes arising from or in connection with this Contract, the Parties shall discuss to resolve through negotiation. Within 30 (thirty) days, from the date when a Party notify in writing to the other Party of the arising dispute and request to resolve through negotiation, but the dispute is not resolved then one of the Parties can request the competent Court to settle the dispute pursuant to Vietnamese Laws.
ARTICLE 15. NOTIFICATION
15.1 Form of notice: Any notices, requests, information, claims about responsibilities, obligations and rights under agreed terms, disputes arising from the Contract shall be made in writing in Vietnamese and sent to the address at the beginning of this Contract or the address that has been changed in the notice of the Parties.
15.2 Form of sending notice: In case there is no agreement between the Parties, all notices shall be sent through secured mail or delivery in person. In case that the Post Office fails to deliver the notice for any reason, the Lessor shall notify the Lessee and send notice by fax or email to the Lessee.
15.3 The Parties agree that if the Lessee consists of 02 (two) individuals or more, the Authorized Person of the Lessee specified at the beginning of the Contract shall be the representative to receive notices and has the responsibility to that receipt of notice.
15.4 The Parties agree that notices, requests, claims sent to correct address, correct receiver, form of notice under this Article shall be deemed to be received:
15.4.1 On the sending date in case of delivery in person and there is a signature of the person receiving notice;
15.4.2 On the date the sender receives successfully facsimile delivery notice in case of sending through facsimile;
15.4.3 On the date the sender receives successfully email delivery notice in case of sending through email;
15.4.4 On the third day, from the date the seal of the post-office is affixed in case of sending through express mail in the same province with the Sender; on the fourth day, from the date the seal of the post-office is affixed in case of sending through express mail or secured mail in different province; and on the seventh day, from the date the seal of the post-office is affixed in case of sending through express mail to a foreign country
15.5 In case the time of receiving notices, requests, claims or transaction letters after 4 o’clock (four) in the afternoon, the receiving date shall be calculated the next working day after the date mentioned above.
ARTICLE 16. VALIDITY OF THE CONTRACT AND OTHER PROVISIONS
16.1 This Contract takes effect from the date of signing and the Lessee has fully paid the 1st installment of the Apartment Lease Price.
16.2 The Lessee acknowledges having learned and carefully reviewed facts concerning the Apartment, and that entering this Contract between the two Parties is entirely voluntarily, not coerced or tricked. If there is one or several Articles, clauses, points in this Contract are proclaimed invalid, illegal or unenforceable under the applicable provisions of Vietnamese Laws by a competent Government Agency, the other Articles, clauses and points of this Contract will still be remained effective for the Parties. The Parties shall not disrupt and continue to perform other Articles, clauses and points which remain effective of the Contract. The Parties shall agree to amend the Articles, clauses and points that are invalid or illegal or unenforceable in accordance with Vietnamese Laws and in accordance with the will of the Parties.
16.3 The Lessor provides the copies of documents, files and necessary information relating to the Apartment, the Lessee has read carefully and understood regulations under the Contract as well as attached appendices. The Lessee has researched all issues that the Lessee found essential to examine the level of accuracy of these documents, files and information.
16.4 The money used for leasing the Apartment under this Contract is legal and is not disputed by a third party. The Lessor shall not be responsible for any dispute between the Lessee and a third party about the amount paid by the Lessee to the Lessor under this Agreement. In the event of a dispute relating to the amount used to pay the Apartment Lease Price, this Agreement will still be valid for the Parties.
16.5 This Contract is made into 04 copies and has the same legal validity, the Lessee keeps 01 copy, the Lessor keeps 03 copies to store and carry out the procedures for paying taxes, fees and charges in accordance with provisions of law
16.6 Attached to this Contract includes 01 (one) copy of Apartment’s Floor Plan Drawing, 01 (one) copy of the Floor Plan Drawing in which the Apartment is located, 01 (one) copy of Building’s Floor Plan Drawing, 01 (one) copy of List of Construction Materials and Equipment, 01 (one) copy of Building Rules; 01 (one) copy of List of areas and facility of shared ownership, list of areas and facility of private ownership; 01 (one) copy of Building Operation Management Services.
16.7 If the parties agree to amend the terms of this Contract, it shall be made in writing án signed by both parties.
16.8 If the parties agree to amend the provisions of this Contract, they must do so in writing and with the signatures of both parties.
16.9 In case the Lessee is a foreigner or has a demand, the Contract shall be made into 02 (two) additional copies in English, each Party shall keep 01 (one) copy. The English and Vietnamese versions are of equal legal validity. However, in case of any discrepancy between the English and Vietnamese versions, the Vietnamese version shall prevail
THE LESSEE ON BEHALF OF THE LESSOR
(Sign and full name, if being an organization, seal the stamp of the organization)
FLOOR PLAN DRAWING OF THE APARTMENT
FLOOR PLAN DRAWING OF THE FLOOR IN WHICH THE APARTMENT IS LOCATED
FLOOR PLAN DRAWING OF THE BUILDING
APPENDIX 01: LIST OF CONSTRUCTION MATERIALS AND EQUIPMENT
The Parties agree that, depending on design requirements to ensure the aesthetics and technical features of the Apartment or in the event that the materials and equipment are in shortage, no longer produced or unavailable on the market, the Lessor reserves the right to decide and replace the materials or equipment described in the List of construction materials and equipment specified in Appendix 01 of this Contract with other materials or equipment of equivalent quality.
THE LESSEE ON BEHALF OF THE LESSOR
(Sign and full name, if being an organization, seal the stamp of the organization)
APPENDIX 02: APARTMENT LEASE PRICE, MAINTENANCE FEE, MANAGEMENT FEE AND PAYMENT SCHEDULE
1. Apartment Lease Price
Apartment Lease Price is: VNĐ (In word: dong), including:
1.1 Apartment Lease Price exclusive of VAT is: VNĐ (In word: dong). Apartment
Lease Price exclusive of VAT is calculated by Unit Lease Price of VND/m2 (In words:
VND per square meter of Apartment Carpet Area) multiplied by (x) the total Apartment Carpet Area.
1.2 VAT is VNĐ (In word: dong). In case the VAT changes in accordance with the provisions of law and/or decision of competent authorities, both Parties agree that the Apartment Lease Price shall be adjusted correspondingly.
2. Maintenance Fee and Management Fee
2.1 Maintenance Fee that the Lessee is obliged to pay which applied for the Private Using Area Of The Lessee is calculated as 2% (two percents) of Apartment Lease Price exclusive of VAT, equals to VND (In word: dong).
2.2 Management Fee exclusive of VAT, is VND/m2 of Apartment Carpet Area/month applied from the time the Lessor hands over the Apartment to the Lessee till the time when the Management Board is established and signs the management and operation contract with the Management and Operation Company. This fee could be adjusted annually based on the reasonable calculation in accordance with the reality and announced by the management unit. In case the Parties could not reach an agreement on adjusting the Management Fee, the ceiling level fee promulgated by competent authorities shall be applied.
3. Payment schedule
3.1 Payment of Apartment Lease Price and Maintenance Fee
- The Lessee must pay the Apartment Lease Price with corresponding VAT and Maintenance Fee in accordance with following schedule:
|Installment||Payment Ratio (%/Apartment Lease Price)||Maintenance Fee (VND)||Payment amount (VND) (inclusive of VAT and Maintenance Fee)|
|1st Installment Date of signing Apartment Lease Contract|
- Payment of difference value of Apartment Lease Price (if any) as stipulated in Article 2.3 of the Contract, corresponding difference value(s) of Maintenance Fee and Management Fee (if any) shall be conducted within 15 (fifteen) working days from the date the Parties signed the Minutes of Apartment Handover or the date the Lessee is deemed to accept the difference area.
- In case the due payment date duplicates day-off, public holiday, Tet holiday in accordance with Vietnam labor law, the payment date shall be the working day following such days.
3.2 Payment of Management Fee: The Lessee shall pay Management Fee as follows:
- The Lessee is responsible for paying the Lessor or the Representative Office of the Investor the first month’s fee before taking over the Apartment. After that, Management Fee shall be paid monthly, within 05 (five) first days of every month or at another time in accordance with the notice from the Lessor/Management and Operation Company/Management Board. Fees for the maintenance of the Common Area Of The Building are not included in the Management Fees; parking/storage fees for all vehicles and other assets at the Building; fees for using recreational facilities/assets/services at the Building. Fees not included in Management Fee will be paid by the Leasee to the Leasor according to the actual demands and at the cost imposed by the Management and Operation Company/Management Board/Investor Representative from time to time.
- After the Management Board is established, the list of tasks, services, charges and Management Fee payment shall be decided by the Apartment Building Meeting and agreed upon between the
Management Board and Management and Operation Company
- In case the Management Board is established and the Management Fee is not agreed upon, the fee promulgated by the People’s Committee of Ha Noi City or competent authorities of Ha Noi City shall be applied.
3.3 Payment on compulsory fire and explosion insurance: The Lessee shall pay the expense on compulsory fire and explosion insurance for the Common Area Of The Building under the notice of the Lessor, corresponding to the percentage of actual Apartment Carpet Area compared with total Building construction area in accordance with the laws.
APPENDIX 03: LIST OF AREAS AND FACILITY OF SHARED OWNERSHIP, LIST OF AREAS AND FACILITY OF PRIVATE OWNERSHIP
|No.||Items||Common Area of the Building||Common Area of Residential*||Common Area of Commerial||Private Area Of The Buyer||Private Area of the Investor||Area||Remarks / Notes|
|GARDEN, LANDSCAPE AREAS|
|1||Entrance gates, internal roads, sidewalks surrounding the Building.||X|
|2||The way up and down the basement||X|
|3||Two-wheeler, three-wheeler ramps up and down the basement; cars ramp up and down the basement||X|
|APARTMENT, RETAIL, OFFICE, UTILITIES AREAS**|
|2||Retail, office lobby||X|
|4||Commercial area corridor||X|
|5||Toilets for the disabled, toilets for men and women in commercial area||X|
|6||Garbage room in commercial area||X|
|8||Office area corridor||X|
|9||Toilets for the disabled, toilets for men and women in office area||X|
|10||Pantry in office area||X|
|11||Garbage room in office area||X|
|12||Area of Apartment and equipment inside the Apartment||X||Details of the Apartment are shown in the Contract signed between the|
|Developer and the Buyer|
|13||Corridor of the apartment area||X|
|14||Garbage room in residential area||X|
|15||Utility area on Floor 12A (also called Floor 13)||X||Corridor of utility area on Floor 12A belong to Common area of the Utility area on Floor 12A. The Utility area on Floor 12A excludes community room, the corridor of the community room, evacuation room and the corridor of the evacuation room.|
|16||Other utility area (if any)||X|
|1||Community room and the corridor of the community room||X|
|2||Evacuation room and the corridor of the evacuation room||X|
|BASEMENT AREA, MEZZANINE BASEMENT|
|1||Lots (spaces) for two-wheelers, three- wheelers, vehicles for the disabled||X||756 m2|
|2||Lots (spaces) for two-wheelers.||X||The remaining area for motorbike parking after deducting the area two-wheelers, threewheelers, vehicles for the disabled shall be under common ownership of the Building|
|3||Car parking spaces, 2-storey mechanical car parking spaces||X|
|4||Walkway area in basement, basement mezzanine (including car ramp)||X|
|1||X||The names of the function rooms may change but do not affect the use of these function rooms for the management and operation of the Building.|
|STRUCTURAL, LOAD-BEARING SYSTEM***|
|2||X||Except for the walls and partitions inside the apartment, which are owned by the Buyer|
|3||X||Except for the walls and partitions inside the office area, which are owned by the Developer|
|ELEVATOR, ESCALATOR, STAIRCASE EMERGENCY STAIRCASE|
|WATER SUPPLY AND DRAINAGE SYSTEM***|
|CAMERA SURVEILLANCE SYSTEM***|
|1||Security camera system in Residential area||X||inside private is not||The camera system the Buyer’s area, the Investor’s private area included|
|2||Security camera system in Commercial, Office area||X|
|3||Security camera system in Basement, mezzanine basement, garden, and other Common area of the Building||X|
|1||Public broadcasting network in Residential area||X||Excluding the sound system inside the Resident’s private area, the Developer’s private area|
|2||Public broadcasting network in Commercial, Office area||X|
|3||Public broadcasting network in Basement, mezzanine basement, garden, and other Common area of the Building||X|
|1||Internet transmission system in Residential area||X||Excluding systems and equipment invested and installed by service providers or systems owned by other owners that are not owners of the Building|
|2||Internet transmission system in Commercial, Office area||X|
|3||Internet transmission system in the Common area of the Building||X|
|4||Telephone network transmission system in Residential area||X|
|5||Telephone network transmission system in Commercial, Office area||X|
|6||Telephone network transmission system in Common area of the Building||X|
|8||Access control system in Residential area||X|
|9||Access control system in Commercial, Office area||X|
|10||TV network transmission system in Residential area||X|
|11||TV network transmission system in Commercial, Office area||X|
|12||TV network transmission system in Common area of the Building||X|
|1||Fire alarm system, fire fighting on all floors inside and outside area of the Building||X|
|2||Smoke-sensing fire alarm system in corridors and other public areas||X|
|3||System of emergency lights, EXIT lights, emergency exit lights of the Building||X|
|4||Smoke detector system, heat alarm||X|
|5||Fire water pumping station||X|
|6||Fire water tank, pumping system||X|
|LIGHTNING PROTECTION & GROUNDING SYSTEM***|
|1||Lightning protection and grounding system||X|
|BACK-UP GENERATOR SYSTEM***|
|1||Backup generator system + automatic power switch (ATS)||X|
|AIR CONDITIONING SYSTEM & VENTILATION SYSTEM***|
|5||X||Including all attached sound and lighting equipments|
** The areas are arranged according to the design. The detailed listing is only valid to identify the area of common ownership and private ownership. Without any provision detailing or implying that all areas listed will be located on all floors.
*** The Investor has the right to actively divide the technical system and technical equipment for each area to facilitate management and operation without prior approval of the Buyer. The Buyer commits not to have any disputes or complaints arising.
The Lessee has the same rights and obligations to the areas and facility of shared ownership, areas and facility of private ownershipthe area similar to the Buyer in this Appendix 3.
The parties agreed that: If according to law, one or some of the areas, constructions and utilities as specified in the list above are handed over to state management agencies, the handover, management mechanism and use of handover items as well as related issues will be made on the basis of a written/decision of the competent state agency.
APPENDIX 04: RULES FOR THE MANAGEMENT AND USE OF THE BUILDING
APPENDIX 05: BUILDING OPERATION MANAGEMENT SERVICES
Before establishing the Management Board, the Lessor provides the Lessee with the following basic Operation Management Services:
- Elevator system, water pump, generator, automatic fire alarm system, fire fighting system, fire fighting tools, backup equipment and other equipment under the Common Area of the Building.
- Provide environmental protection and sanitation services, garbage collection, garden care, ornamental plants, insect extermination and other services to ensure normal operation of the Apartment.
- Other related jobs (if any).
After the Management Board is established, all of the above services may be adjusted from time to time at the proposal of the Management Board after being approved by the Apartment Building Meeting.