Korean enterprises want to rent the Logistics Company (in the Industrial Park in Tan Uyen Town, Binh Duong Province) the entire area on the roof is 25,600m2 and the underground area of the factory to implement the project of installing solar energy systems to produce electricity sold to local electricity. The rent is $32,000 per year, the lease term is 20 years, after every 5 years increases by 5%. Currently, the landlord's factory is being mortgaged at the bank for loans, while the total value of assets and equipment invested in the project is up to 3 million USD. The landlord is concerned that all project assets may be released by the bank if the landlord goes bankrupt, there is no money to repay the bank. Therefore, they went to DFC lawyers for advice and help to implement the lease safely and effectively.
Before the customer's request for advice in a very short time, based on the fact of the landlord; DFC lawyers give the work done before signing the contract as well as orientation to build the contents of the lease of the roof area as follows:
1. Work to be done before signing the lease
Provide records
Legal dossiers relating to land plots of the landlord such as: CNQSD papers, land lease contracts.
Mortgage contract between the landlord and the Bank
Researching, reviewing and clarifying the party's right to hire
Currently, the entire customer's factory has been mortgaged by the Bank, which means that the use of asset management of the landlord must notify the Bank to avoid damage or loss that reduces the value of the collateral. Therefore, it is necessary to consider whether the landlord is entitled to rent or must have the consent of the Bank. Because, in the process of implementing the project, the tenant will have to erect on the property on the roof as well as on other properties of the factory; will more or less affect the structure and value of factory assets.
Finalty of written dossiers on the right to rent when restricted
Where the Landlord is not entitled to full rights or limited the right to lease or the right to manage the use of collateral. At that time, it is necessary to have a written consent for lease of the Bank or make a working record with the contents of the lease approval between the Bank and the landlord.
The landlord should prepare in advance a written notice to the Bank in which it is possible to send lists of assets to be erected on the roof to separate and distinguish between the property of the landlord being mortgaged and the property of the landlord.
2. Orientation for construction of contents of leases
Lease of the entire area of 25,600m2 on the roof and part of the ground to ensure the following main contents
The subject of the lease:The legally and the legal body signing the lease must be full and have the right to sign the lease.
Contract subjects:
- The landlord has a real estate QSD which is the legal property of the landlord and is not disputed with any third party.
- Land-based property is the entire factory which is also the legitimate property of the tenant being mortgaged and agreed by the mortgagee to use the property for installation of the lease party's project
Terms of price, lease term:due to the negotiating capacity and agreement of the two parties. However, it is necessary to confirm the fixed price or change during the rental period. If the price changes, it must be agreed on a specific period.
Tenant rights:
In addition to basic rights, the tenant must have the following rights:
The tenant's right to use infrastructure: such as infrastructure, electricity, water and tenants must be fully ensured.
The right to build, renovate, repair, replace and install equipment for the operation of the tenant
The right to mortgage all assets of the solar project in the contract to the mortgagee
The right to stop the contract ahead of time, if the State changes its policies related to electricity purchase activities which cause great damage or result in the tenant being unable to continue the project business.
- Obligations of the landlord
In addition to the basic obligations required, the landlord must have the following obligations:
In the course of performance of the contract, the landlord must not obstruct and create all favorable conditions for the tenant to implement and implement the project;
Having the obligation to coordinate and create favorable conditions for the tenant to have relations with the local electricity agency to sign the connection contract for the solar power project;
Obliged to repair and renovate the factory when the failure (not the fault of the tenant) and during the repair process must not interfere, affecting the process of implementing the project;
- Compensation for damages
When the landlord unilaterally terminates the contract, bankruptcy, or changes the owner of the land use right or property ownership, the new owner does not continue to perform the contract contents.
- Contract implementation guarantee
To ensure the implementation of the contract when the landlord is bankrupt, dismissed or transferred to another unit but not responsible for the implementation of the lease contract. The two parties need to be guaranteed the implementation of the contract by a reputable bank or credit institutions.
Because the time of work progress is urgent, DFC lawyers have given the basic contents of the lease need to focus on construction, other basic terms DFC lawyers also analyze and point out to clients to draft and build.
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
