ARTICLE 3. DELIVERY OF THE APARTMENT
3.1 The Proposed Delivery Date is [ ].
The delivery of the Apartment may be earlier or later than the date prescribed in this clause, but not later than ninety (90) days from the Proposed Delivery Date. The Landlord shall inform the Tenant the reason of the late delivery to the Tenant.
The Landlord shall send a written notice about delivery time, place and procedure to the Tenant fourteen (14) days prior to the Proposed Delivery Date.
3.2 Conditions for the Landlord to hand over the Apartment to the Tenant that the Tenant pays in full:
• the Apartment Leasing Price plus VAT;
• Management Charges and Facility Fees for the first year as set out in Article 4.1; and
• Capital Reserve.
3.3 The Apartment delivered to the Tenant shall be in accordance with the approved design and use equipment and materials listed in Part B, Schedule 1.
3.4 On the Proposed Delivery Date, the Tenant or his/her authorized representative shall physically visit and check the actual status of the Apartment and sign the Apartment handover minutes.
In case the Tenant or his/her authorized representative does not come to take delivery of the Apartment within thirty (30) days per the notice of the Landlord or inspect and does not take delivery of the Apartment without a legitimate reason (except the circumstance agreed in Article 5.1.5), it shall be deemed that from the date as set out in the notice of the Landlord, the Tenant agrees and officially takes delivery of the Apartment and the Landlord has fulfilled its responsibility to deliver the Apartment as set out in this Agreement. The Tenant shall not refuse taking delivery of the Apartment for any unsound reason. The Tenant shall be deemed to breach the Agreement and Article 7 shall be applied if he/she refuses to take delivery of the Apartment for any unsound reason.
3.5 From the Delivery Date, the Tenant shall have full right to use the Apartment and assume all obligations and responsibilities imposed on an owner, occupier and/or user of the Apartment, irrespective of whether the Tenant has taken actual delivery of the Apartment or is using or residing in the Apartment.
ARTICLE 4: MANAGEMENT CHARGES, FACILITIES FEES AND CAPITAL RESERVE
4.1 Management Charges and Facilities Fees
4.1.1 The Tenant shall pay to the Landlord the Management Charges of VND 9,500 (Nine Thousand Five Hundred Vietnam Dong) and the Facilities Fees of VND 5,500 (Five Thousand Five Hundred Vietnam Dong) per square meter of the Apartment Area per month (excluding VAT). The Management Charges and Facility Fees in this Article is the current amount and may be adjusted in accordance with provisions of Article 4.3.1.
4.1.2 Prior to the Proposed Delivery Date, the Management Charges and the Facilities Fees shall be paid by the Tenant in advance for one year. After the aforesaid one-year, the Management Charges shall be paid on the quarterly basis in accordance with the General Internal Rules.
4.2 Capital Reserve
4.2.1 The Tenant shall pay the Capital Reserve to the Landlord before the Proposed Delivery Date. The Landlord shall transfer this amount to a separate account opened at a commercial bank with interest rate of demand deposit within seven (07) days from the date of payment of the Tenant. The Landlord shall manage the Capital Reserve until the Management Committee is formed in accordance with provisions of Vietnam laws and then hand over the Capital Reserve (including the interest) to the Management Committee within a maximum period of thirty (30) days from the date of the Decision to recognise the Management Committee by the People’s Committee at district level where the Apartment is located for the Building Maintenance.
4.2.2 If any additional amounts are required to cover the Building Maintenance in case the Capital Reserve is not sufficient, the Tenant shall be required to make additional contribution on a pro-rata basis in accordance with the size of the Apartment, provided that a prior written notice shall be served by the Landlord or the Management Committee (once established) to the Tenant and the collection, spending and supplementation of the Capital Reserve shall be implemented in accordance with the Building’s General Internal Rules and the laws.
4.3 Finance management
4.3.1 The Management Charges and Facilities Fees may be adjusted by the Landlord or the Management Committee (once established) from time to time in accordance with the provisions of law and General Internal Rules and notified to the Tenant in advance.
4.3.2 The Landlord shall be responsible for keeping, maintaining and supervising financial receipts and expenses relating to the management works of the Building in accordance with Law on Residential Housing and the General Internal Rules. Once the Management Committee is established under the laws of Vietnam and the General Internal Rules, the Management Committee shall be responsible for management of the Capital Reserve, the Management Charges and the Facilities Fees in accordance with the Law on Residential Housing and the General Internal Rules.
ARTICLE 5. RIGHTS AND OBLIGATIONS OF THE TENANT
5.1 Rights of the Tenant
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