Should You Notarize a Lease Agreement with Foreign Tenants?
Monday - 21/07/2025 09:03
Renting to foreigners? should you notarize your lease agreement? understand the legal necessities for international tenants & property protection.
Should You Notarize a Lease Agreement with Foreign Tenants?
When renting out a property, especially to foreign tenants, many landlords wonder whether to notarize the lease agreement. Notarizing a lease agreement offers several benefits but also requires consideration of certain factors. This article will provide you with an overview to help you make the most suitable decision.
Should You Notarize a Lease Agreement with Foreign Tenants?
1. What is Lease Agreement Notarization?
Lease agreement notarization is the process by which a notary public of a practicing notary organization certifies the authenticity and legality of the lease agreement. When a contract is notarized, it carries greater legal weight and is considered important evidence in case of disputes.
2. Why Notarize a Lease Agreement with Foreign Tenants?
Protecting the interests of both parties: A notarized lease agreement ensures that the agreed terms and conditions are clear, transparent, and compliant with the law. This helps protect the rights of both the landlord and the tenant, especially when the tenant is a foreigner who may have difficulty understanding Vietnamese law.
Enhancing legal validity: A notarized contract has high evidentiary value in court. In case of a dispute, the notarized contract will be important evidence for resolving the issue fairly and quickly.
Preventing risks: Notarizing the contract helps minimize risks arising from potential disputes related to rent, lease term, maintenance responsibilities, repairs, or other issues.
Supporting administrative procedures: In some cases, a notarized lease agreement may be required to carry out administrative procedures for foreigners, such as temporary residence registration, visa application, or business-related procedures.
Increased peace of mind when renting: Having a clear, notarized contract helps landlords feel more secure when renting out their property, especially to foreigners who may have different cultural and legal backgrounds.
3. Factors to Consider When Deciding to Notarize a Lease Agreement
Cost: Notarizing a lease agreement will incur certain costs, including notary fees and other related expenses. The landlord and tenant need to agree on who will bear this cost or how it will be shared.
Time: The notarization process may take a certain amount of time, depending on the procedures of each notary office. Both parties need to prepare sufficient documents and allocate time to complete this procedure.
Mutual agreement: To notarize the contract, both the landlord and the tenant must agree and be present at the notary office to sign the contract.
4. The Process of Notarizing a Lease Agreement with Foreign Tenants
The process of notarizing a lease agreement with foreign tenants is similar to that with Vietnamese citizens, but there are some minor differences to note:
1. Preparing documents:
Identification of the landlord: Identity card or citizen identification card (original and copy).
Documents proving ownership of the property: Land Use Rights Certificate (Red Book/Pink Book) (original and copy).
Identification of the tenant: Passport, visa (original and copy).
Lease agreement (original).
Other documents (if any): Power of attorney (if there is a representative), documents proving marital status.
2. Drafting the contract: The lease agreement needs to be drafted clearly, including all important terms such as information about the parties, information about the rental property, rent, lease term, payment method, rights and obligations of each party, terms on contract termination, and dispute resolution. A bilingual translation (Vietnamese and English or another language the tenant understands) should be included to ensure the tenant fully understands the contract's content.
3. Submitting documents and requesting notarization: Submit the documents to the notary office and request notarization of the lease agreement.
4. Notary Public reviews the documents: The notary public will check the validity of the documents and the content of the contract. If there are any issues, the notary public will request the parties to supplement or amend the documents.
5. Signing the contract: After the documents are accepted, both the landlord and the tenant will sign the contract in the presence of the notary public.
6. Paying notary fees: Pay the notary fees as prescribed.
7. Receiving the notarized copy: Receive the notarized lease agreement.
5. Notes When Drafting a Lease Agreement with Foreign Tenants
Language: The contract should be drafted in both Vietnamese and English (or a language that the tenant understands). This helps ensure that the tenant fully understands the terms and conditions of the contract.
Clear terms: The terms in the contract should be written clearly and easy to understand, avoiding the use of complex legal terms.
Payment regulations: Clearly stipulate the payment method, payment deadline, and any incurred fees (if any).
Regulations on maintenance and repair: Clearly stipulate each party's responsibility for maintaining and repairing the property.
Regulations on contract termination: Clearly stipulate the cases of early termination of the contract, and any compensation (if any).
Applicable law: Clearly state that Vietnamese law is applied to resolve disputes arising from the contract.
6. Choosing a Reputable Notary Office
Choosing a reputable notary office is very important. You should carefully research notary offices, consult with acquaintances, or search the internet to choose an office with a good reputation, experience, and a professional team of notaries.
7. 456.com.vn – Professional Rental Support Services for Foreigners
If you are looking for a reliable partner to support you in the process of renting your property to foreigners, 456.com.vn is an excellent choice. With over 13 years of experience in real estate, especially in assisting foreigners (expats) in renting and buying apartments in the central areas of Ho Chi Minh City such as Districts 1, 2, 4, 7, Binh Thanh, Thu Duc (Thao Dien, Thu Thiem, Phu My Hung...), 456.com.vn provides the following services:
Apartment Selection Consultation: Consulting on selecting apartments that suit customers' needs, budgets, locations, and lifestyles.
Legal Support - Bilingual Contracts: Supporting the drafting of bilingual lease agreements (Vietnamese - English, Korean...) to ensure the rights of both landlords and tenants.
Free apartment viewing and handover: Picking up customers to view apartments and hand over the apartment free of charge, even outside office hours.
Guidance on temporary residence registration: Guiding customers to register for temporary residence and other legal procedures related to foreigners.
Assistance in contacting the building management: Assisting customers in contacting the building management to register for resident cards, internet, and other utility services.
Supporting tenants throughout their stay: Supporting customers throughout their rental period, quickly responding to support requests.
Rental Property Management: Managing rental properties for landlords, including inspection, reporting, and periodic maintenance.
456.com.vn continuously updates apartments available for rent and sale to Vietnamese and foreigners in high-end projects such as Vinhomes Central Park, Vinhomes Golden River, Grand Marina, Sunwal Pearl, Masteri Thao Dien, Lumiere Thao Dien, Estella Height, The Vista, Thao Dien Green, Thao Dien Pearl, The River Thu Thiem, Metropole Thu Thiem, Sala, The Sun Avenu, New City Thu Thiem, Feliz En Vista, Palm Height, Millenium, Goldview, Icon 56, Saigon Royal, Sunrise City, Saigon Pearl, The Manor, City Garden, Pearl Plaza…
Notarizing a lease agreement with foreign tenants is a wise decision that helps protect the interests of both the landlord and the tenant, enhances the legal validity of the contract, and minimizes the risk of disputes. However, you need to carefully consider factors such as cost, time, and mutual agreement before deciding. If you need assistance in the process of renting your property to foreigners, contact 456.com.vn for the best advice and support.
Customer Experience
"I am a landlord with an apartment for rent in District 2. In the past, I had trouble with a foreign tenant because the contract was unclear and not notarized. Then, I learned about 456.com.vn and decided to use their services. 456.com.vn helped me draft a very detailed and professional bilingual lease agreement, and also supported me in the contract notarization process. I feel very secure when renting my apartment to foreigners through 456.com.vn. They also helped my tenant register for temporary residence and resolve issues arising during the rental period. I am very satisfied with the services of 456.com.vn and will continue to use their services in the future." - Mr. Minh, landlord in District 2.
Contact 456 Vietnam – Your trusted partner for premium apartments in Ho Chi Minh City: