Editorial · April 5, 2024
Apartment Rental Contract in Vietnam: Clauses to Check
Apartment rental contract rules in Vietnam come from two laws: the Civil Code of 2015 and the Housing Law of 2014. Both say the same basic thing. You and the landlord decide most terms yourselves, so the written contract matters. Read six clauses before you sign: the parties, the deposit, the term and rent, repairs, early exit and registration.
Who signs and what the contract must say
The Housing Law says a house contract must be in writing. It lists what the contract must include. That covers the full names and addresses of both sides, a description of the home, the rent, the payment time and method, and the lease term. It also needs the rights and duties of each side, the date the contract takes effect, the signing date and both signatures.
Check the landlord first. The law says the person who leases a home must be the owner, or someone the owner has allowed or authorised in writing. If a friend, agent or relative signs for the owner, ask to see the written authority. Where the home has several owners, the Housing Law says all of them must agree to the lease, unless each owner leases only their own part.
A lease does not have to be notarised or certified. The Housing Law says the parties may do it if they want to.
Deposit
A deposit is money handed over as security for entering into or carrying out a contract. The Civil Code gives the rule. If the contract goes ahead, the deposit is returned or deducted from what you owe. If you refuse to go ahead, the landlord keeps it. If the landlord refuses, the landlord must return it and pay you an amount equal to it, unless you agreed otherwise.
So write down what the money is for, how many months of rent it covers, and when it comes back. Ask for a signed receipt. Ask what the landlord may deduct, such as unpaid bills or damage beyond normal wear.
Term and rent
The Civil Code leaves the rent to the parties. If the contract says nothing clear, the rent is the market price at the time and place of signing. The Housing Law also lets you agree the lease term and whether you pay in instalments or in one sum. Write the start date, the end date, the monthly amount, the due day and how you pay.
Look hard at any clause that lets the landlord raise the rent. The Housing Law lets a landlord adjust the rent during the term in one case. That is when the landlord has renovated the house with the tenant's consent, and even then the new rent must be agreed. If you cannot agree, the landlord may end the contract and must pay compensation under the law. Other price rises should be spelled out in the contract. Ask for a fixed rent for the full term, or a clear cap and notice period.
Check who pays electricity, water, internet and building fees.
Repairs and condition
The Civil Code puts the main duty on the landlord. The landlord must keep the home in the agreed condition and fit for its purpose for the whole term. The landlord repairs damage and defects. The tenant handles minor repairs that custom says the tenant should make, and looks after the home as if it were their own.
If you ask for a repair and the landlord does not act in time, the Civil Code lets you tell the landlord and then do the repair yourself. You can ask the landlord to reimburse the cost. You may also ask for lower rent if the home falls short of what was agreed. If you improve the home with the landlord's consent, you may ask for the reasonable cost back.
Walk through the apartment before you sign. Photograph walls, floors, the air conditioner, the appliances and the meters. List every item in an annex that both sides sign. When you leave, you must return the home in the same condition, except normal wear and tear.
Early exit and sub-letting
Many tenants and expats leave before the term ends, so read this clause with care. The Housing Law says the landlord may not end the lease early and take the home back during the term, except in listed cases. These include unpaid rent for three months or more, use of the home for a purpose not agreed, unapproved changes or building work, and sub-letting without consent. A party who ends the lease alone must give the other side at least 30 days notice, unless the contract says otherwise.
The law also gives tenants a way out. A tenant may end the lease if the landlord fails to repair a severely damaged home, raises the rent unreasonably or without the notice the contract promised, or if a third party limits the tenant's right to use the home. In a contract with no end date, the lease ends 90 days after the landlord gives notice.
If you want to leave for another reason, ask for a clause now. For example, you can agree to give 30 or 60 days notice and lose a set part of the deposit. Do not sub-let without written consent. The Civil Code allows it only with the landlord's agreement.
Residence registration
The Residence Law took effect on July 1, 2021. It says a citizen who lives outside the commune where they are registered for 30 days or more for work, study or another purpose must register temporary residence. The dossier needs papers that prove a lawful place of residence. Ask the local office whether it accepts your signed rental contract as that proof. Temporary residence can last up to two years and can be extended. The law also says that when a person comes to stay at a home, the household must notify the residence registration office of the stay, in person, by phone or by electronic means.
That law speaks about citizens. Foreign tenants should ask the landlord, early on, how the stay will be reported to the local police, and who handles it. Write that answer into the contract, and keep a copy of any confirmation.
Before you sign, check that the name, address and dates match your passport and your plans. Ask for a copy of the signed contract in a language you can read.
General information, not legal advice.