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ArentalVN
Dołączył: 31 Lip 2021 Posty: 87
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Wysłany: Sob Wrz 25, 2021 5:09 am Temat postu: VIRTUAL OFFICE IN THU DUC CITY LEASE |
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1. Is it legal to rent a virtual office in Thu Duc?
According to the Enterprise Law 2020, an enterprise is an organization with its own name, assets, transaction office, established or registered for establishment in accordance with the law for business purposes.
The Law on Enterprises also does not have specific regulations on how many businesses can be located at a location.
At the same time, there is currently no law that prohibits enterprises from renting virtual offices as representative offices. So when using the virtual office rental service, it is still fully satisfied and ensures the factors for the business to operate legally.
2. Do virtual office lease contracts really need to be notarized?
2.1. The rental unit is an individual
In pursuant to the current laws, the Contract of Lease of a House for Residential Purposes and a Contract of Lease of a House for Other Purposes (for office work), the parties are not required to authenticate or notarize
At the time the Civil Code 2005 was still in effect, the law stipulates that a rental contract for a house or for other purposes with a lease term of more than 6 months must be notarized or authenticated and must be registered. However, according to the recent 2015 Civil Code, the provision on compulsory notarization and authentication for residential rental contracts has been abolished.
2.2. The lessor is a legal entity
In case the virtual office leasing party has legal entity, the business does not need to notarize or certify the office leasing contract. Because when both the lessee and the lessor have legal status, they will have to be under the management of laws related to business activities. Both parties meet the conditions to issue invoices and are protected by law with their legitimate rights and obligations.
>>>>> Virtual office in thu duc city
So when renting a virtual office, even if the rental unit is an individual or an organization, there is no need to notarize the contract. But according to lawyers, businesses should still notarize to ensure their rights when problems or disputes occur. Because in fact there have been cases where the business did not notarize the contract, so it later became unsuccessful for a lawsuit because the contract was invalidated.
3. Legal basis for notarization of virtual office lease contracts
3.1. Housing Law 2014
In pursuant to Clause 2, Article 122 of the Law on Housing 2014, regulations on notarization and authentication of contracts in the case of rentals, it is not required to notarize or authenticate the contract (unless the parties wish to do so).
3.2. Civil Code 2015
As of January 1, 2017, the Civil Code 2005 is no longer in effect and is replaced by the 2015 Civil Code. At this time, the compulsory notarization and authentication provision for residential rental contracts were completely repealed.
4. Procedures for notarization of virtual office lease contract
4.1. Necessary documents
According to Article 40 of the Law on Notarization 2014, it is clear that the notarization request documents include:
Notarization request form, made according to form No. 01/PYC (you can receive and fill out all information at the notary);
The draft contract and transaction must be signed by both parties;
A copy of the identity document of the notary, please prepare the original for comparison;
A copy of the certificate of ownership, right to use the rented place or a substitute document as prescribed by law;
Copies of other documents related to contracts and legal transactions required.
>>>>> Virtual office in Phu Nhuan district
Note: The copy can be a photocopy, a printout or a typed copy with full content, exactly the same as the original and does not need to be authenticated.
4.2. Notarization steps
Step 1: Submit the application at the notary practice place.
Step 2: The notary directly receives and checks that the application is complete and in accordance with the law.
Step 3: The notary directly performs or transfers it to a professional to perform specific tasks assigned, drafts and types documents and contracts.
Step 4: The notary or professional guides the client to check whether the content of the contract needs to be supplemented or modified. When the client agrees to all the contents stated in the contract, the notary will check the civil act capacity and guide the guest to sign and point to the contracts.
Step 5: The notary signs the contract and transfers it to the toll collection department.
Step 6: Client waits to call for their name according to the order number to pay the fee and receive the notarized document.
5. Some notary offices in Thu Duc
Notary Office No. 3
Phone: 028.3722.0323
Address: 12 Thong Nhat, Binh Tho Ward, Thu Duc City, Ho Chi Minh City
Nguyen Tri Tam Notary Office
Phone: 0913 710 700 or 0837 263 456
Address: 373 National Highway 13, Hiep Binh Phuoc Ward, Thu Duc City, Ho Chi Minh City
Dong Thanh Pho Notary Office
Phone: 0964 235 879 / 0909 324 879
Address: 982 Kha Van Can, Linh Chieu ward, Thu Duc city, Ho Chi Minh city
Through the above article, the question about the “Thu Duc virtual office lease contract if not notarized will be invalidated” has been answered. Although according to the law, a virtual office lease contract does not need to be notarized, but you should still do it to ensure the legality and responsibility of both parties. |
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