Chương V Luật kinh doanh bất động sản 2006: Hợp đồng kinh doanh bất động sản, hợp đồng kinh doanh dịch vụ bất động sản

Chapter V

REAL ESTATE BUSINESS CONTRACTS, REAL ESTATE SERVICE CONTRACTS

Article 67.- Types of real estate business contract and real estate service contract

1. Real estate business contracts include:

a/ House or construction work sale and purchase contracts;

b/ Land use right transfer contracts;

c/ Real estate lease contracts;

d/ House or construction work hire-purchase contracts.

2. Real estate service contracts include:

a/ Real estate brokerage contracts;

b/ Real estate valuation contracts;

c/ Real estate consultancy contracts;

d/ Real estate auction contracts;

e/ Real estate advertisement contracts;

f/ Real estate management contracts.

3. Real estate business contracts and real estate service contracts must be made in writing; unless otherwise provided for by law, the notarization and authentication of real estate business contracts shall be agreed upon by the involved parties; the conclusion of contracts shall comply with the provisions of this Law, the Civil Code and relevant laws.

Article 68.- Real estate sale and purchase, transfer, lease and hire-purchase prices and real estate service charges

1. Real estate sale and purchase, transfer, lease and hire-purchase prices shall be agreed upon by the involved parties, decided through auction or comply with the provisions of law.

Parties to a contract may agree to select a third party to determine real estate sale and purchase, transfer, lease or hire-purchase prices; for real estate belonging to projects eligible for state preferences in service of policy beneficiaries, the State shall provide price brackets or principles for formulation of real estate prices.

2. Real estate service charges shall be agreed upon by the involved parties; when no agreement is reached, these charges must be determined on the basis of charges of services of the same kind in the market at the time of conclusion of contracts and the service-provision venue.

3. In the course of performing contracts, when an agreement on the adjustment of contractual prices already exists, if these prices are affected by changes, the involved parties can agree to adjust these prices.

Article 69.- Payment in real estate transactions

1. The payment in real estate transactions shall be made by the following modes agreed upon by the involved parties:

a/ Payment via credit institutions operating in Vietnam;

b/ Direct payment to the real estate sellers, transferors, lessors or hire-purchase sellers.

2. The form of lump-sum payment, advance payment or installment payment in real estate transactions shall be agreed upon by involved parties in contracts.

Article 70.- House or construction work sale and purchase contracts

1. A house or construction work sale and purchase contract has the following contents:

a/ Names and addresses of the seller and the purchaser;

b/ Information on the house or construction work as specified in Clause 3, Article 11 of this Law;

c/ The selling and buying prices;

d/ The payment mode and time limit;

e/ The deadline for handover and receipt of the house or construction work and the accompanying dossiers;

f/ Rights and obligations of the involved parties;

g/ Warranty;

h/ The settlement of disputes;

i/ Other contents as agreed upon by involved parties or prescribed by law.

2. The sale and purchase of houses or construction works by mode of advance payment, deferred payment or installment payment must comply with the principles provided for in Article 14 of this Law.

Article 71.- Land use right transfer contracts

1. A land use right transfer contract has the following contents:

a/ Names and addresses of the transferor and the transferee;

b/ The information on land use rights specified in Clause 3, Article 11 of this Law'

c/ The transfer price;

d/ The payment mode and time limit;

e/ The time limit for handover, receipt of land and accompanying dossiers;

f/ Rights and obligations of the involved parties;

g/ The settlement of disputes;

h/ Other contents as agreed upon by the involved parties or prescribed by law.

2. The transfer of land use rights by mode of deferred payment or installment payment must comply with the principles specified in Article 14 of this Law.

Article 72.- Real estate lease contracts

A real estate lease contract has the following contents:

1. Names and addresses of the lessor and the lessee;

2. The information on real estate specified in Clause 3, Article 11 of this Law;

3. The real estate lease price;

4. The payment mode and time limit;

5. The real estate lease term; the time limit for handover and receipt of real estate;

6. Rights and obligations of the involved parties;

7. Use requirements and responsibilities for repair or improvement (if any);

8. The handling of real estate on the leased land (if any);

9. Requirements on the conditions of real estate upon its return to the lessor;

10. The settlement of disputes;

11. Other contents as agreed upon by the involved parties or prescribed by law.

Article 73.- House or construction work hire-purchase contracts

1. A house or construction work hire-purchase contract has the following contents:

a/ Names and addresses of the seller and the hirer;

b/ The information on the house or construction work specified in Clause 3, Article 11 of this Law;

c/ The high-purchase price;

d/ The payment mode and time limit;

e/ The hire-purchase term;

f/ The agreement on transfer of the house or construction work ownership right before the expiration of the hire-purchase term (if any);

g/ The time for handover of the house or construction work;

h/ The time, conditions and procedures for transfer of the house or construction work ownership right to the hirer;

i/ Rights and obligations of the involved parties;

j/ The settlement of disputes;

k/ Other contents as agreed upon by the involved parties or prescribed by law.

2. House or construction work hire-purchase contracts must be notarized.

Article 74.- Real estate brokerage contracts

A real estate brokerage contract has the following contents:

1. Names and addresses of the broker and the principal.

2. Brokerage objects and contents.

3. Requirements and results of the brokerage service.

4. The brokerage term.

5. The brokerage remuneration, commission.

6. The payment mode and time limit.

7. Rights and obligations of the involved parties.

8. The settlement of disputes.

9. Other contents as agreed upon by the involved parties or prescribed by law.

Article 75.- Real estate valuation contracts

A real estate valuation contract has the following contents:

1. Names and addresses of the valuator and the valuation requester.

2. The real estate to be valued.

3. The implementation time limit and schedule.

4. The valuation service charges.

5. The payment mode and time limit.

6. Rights and obligations of the involved parties.

7. The settlement of disputes.

8. Other contents as agreed upon by the involved parties or prescribed by law.

Article 76.- Real estate consultancy contracts

A real estate consultancy contract has the following contents:

1. Names and addresses of the consultant and consultancy requester.

2. Contents and scope of consultancy.

3. The time limit and schedule for provision of the consultancy service.

4. Consultancy service charges.

5. The payment mode and time limit.

6. Rights and obligations of the involved parties.

7. The settlement of disputes.

8. Other contents as agreed upon by the involved parties or prescribed by law.

Article 77.- Real estate auction contracts

A real estate auction contract has the following contents:

1. Names and addresses of the auctioneer and the auction requester.

2. The real estate to be auctioned.

3. The time, place and form of auction.

4. The initial price of the real estate put up for auction.

5. Implementation time limit and tempo.

6. Auction service charges.

7. The payment mode and time limit.

8. Rights and obligations of the involved parties.

9. Other contents as agreed upon by the involved parties or prescribed by law.

Article 78.- Real estate advertisement contracts

A real estate advertisement contract has the following contents:

1. Names and addresses of the real estate advertisement service provider and the real estate advertisement service requester.

2. The real estate to be advertised.

3. The form, contents, scope and means of advertisement of the real estate.

4. The place, time and frequency of advertisement of the real estate.

5. Advertisement service charges.

6. The payment mode and time limit.

7. Rights and obligations of the involved parties.

8. The settlement of disputes.

9. Other contents as agreed upon by the involved parties or prescribed by law.

Article 79.- Real estate management contracts

A real estate management contract has the following contents:

1. Names and addresses of the real estate manager and management hirer.

2. The real estate subject to management.

3. Contents and scope of management of the real estate.

4. Requirements on real estate manager.

5. Management service charges.

6. The payment mode and time limit.

7. Rights and obligations of the involved parties.

8. The real estate management term.

9. The settlement of disputes.

10. Other contents as agreed upon by the involved parties or prescribed by law.