Real Estate and Construction

Long-term rentals of 5–10 years: should the lease be notarized?

A 5–10 year lease is a major commitment: deposits and prepaid rent can reach billions of VND. Should you spend extra on notarization? The short answer: not required by law, but you should.

What does the law say?

Under Article 164 of Housing Law 27/2023/QH15, sale, hire-purchase, donation, exchange, capital contribution and mortgage of housing must be notarized/certified; lease, borrowing, free accommodation and management authorization need not be, unless the parties wish so. A lease takes effect as agreed by the parties (or at signing if silent).

Why notarize a long lease?

1. Top-tier evidence: a notarized contract needs no proof in court — signatures and contents are hard to deny. 2. Against U-turns: over 5–10 years, landlords may change their minds (raise rent, reclaim early); notarization makes breaking the commitment costlier. 3. Protecting prepaid money: if you prepay 1–2 years’ rent, notarization shields you if the landlord defaults.

Costs and procedure

Notarize at a notarial practice organization; certify at the commune-level People’s Committee of the property’s location (cheaper). Fees scale with contract value (total rent) — for long leases, a few million VND, small against what’s protected. Bring: ID/passport, the landlord’s property papers, the draft lease.

Frequently asked questions

1. Is an unnotarized lease valid?
Yes — effective as agreed/signed, since notarization isn’t mandatory for leases.

2. Where to notarize?
A notarial practice organization, or certification at the commune People’s Committee.

3. Who pays the fee?
As agreed; often split, or paid by the requesting party (the tenant).

4. Does a 1-year lease need notarizing?
Not mandatory and rarely needed; 5–10 year leases are the ones worth it.

5. What if the landlord refuses?
Their right; offer to bear the full fee, or reconsider the deal’s reliability.

This article has been quality-reviewed by the FLAW AI Legal Council

This article provides general legal information and does not substitute advice for specific cases.