– Landlords and tenants shall have their legitimate rights and benefits preserved by the Government during rental process;

– Tenants have the right to sublet their rental property if the landlords agree.

Derived from the essence of a residential lease contract is the agreement between the tenant and the landlord. Therefore, the legal provisions, as well as the Law on Housing 2023, respect the freedom of agreement between the parties, and there are no limitations on the maximum duration and rental price of residential leases.

What are the regulations on lease term, rent, and sublet of houses in Vietnam under the Law on Housing 2023?

What are the cases of termination of lease agreements in Vietnam under the Law on Housing 2023?

Pursuant to Article 171 of the Law on Housing 2023, cases of termination of lease agreements are specified as follows:

– In respect of rental public housing, termination of lease agreements shall be implemented when any of the circumstances detailed in Clause 1 Article 127 of the Law on Housing 2023 takes place.

– In respect of rental non-public housing, termination of lease agreements shall be implemented when any of the circumstances detailed below takes place:

+ Lease agreements expire; or in case of indefinite term lease agreements, the lease agreements expire in 90 days from the date on which the tenants inform the landlords about termination of lease agreements;

+ The parties agree to terminate lease agreements;

+ Leased property no longer exists;

+ Tenants that are individuals die or are declared missing by the court without cohabitants at the time of death or missing;

+ Tenants that are organizations dissolve, go bankrupt, or terminate operation;

+ Leased property is severely damaged, prone to collapse or located in areas subject to decision on land expropriation, seizure of property or demolition of competent authority; leased property is forcefully purchased or expropriated by the Government for other purposes.

Landlords must inform the tenants in writing at least 30 days in advance about termination of lease agreements under this Point except for force majeure or other agreements by the parties;

+ Cases of unilateral termination of lease agreements.

When will landlords have the right to unilaterally terminate lease agreements in Vietnam?

Pursuant to Article 172 of the Law on Housing 2023, within rent term under agreements, the landlords must not unilaterally terminate lease agreements and repossess leased property except in cases:

– The landlords lease public housing, social housing, housing for people’s armed forces, worker housing in industrial parks in a manner that does not respect entitlement, eligible entities, or eligibility in accordance with housing laws; or

– The tenants fail to pay rent in accordance with lease agreements for at least 3 months without justifiable reasons agreed upon in lease agreements; or

– The tenants fail to use leased property for the purposes defined in the lease agreements; or

– The tenants intentionally reshape, expand, renovate, demolish leased property without permission; or

– The tenants repurpose, lend, sublet leased property without consent of the landlords; or

– The tenants fail to rectify after being reprimanded in writing for the third time by the landlords or heads of neighborhoods, hamlets, villages for causing loss of order, environmental hygiene, or seriously impacting daily activities of other people; or

Thus, the housing lessor can unilaterally terminate the contract when leasing without authority or to the wrong person or without qualified conditions; The lessee commits acts that affect the housing, legal rights and interests of the lessor.

The party that unilaterally terminates lease agreements must notify the other party in writing or in other forms at least 30 days in advance unless otherwise agreed upon by the parties;

The violation that causes damage shall be met with compensations as per the law;

Law on Housing 2023 comes into force from January 1, 2025.