What are the cases of termination of lease agreements in respect of rental non-public housing in Vietnam under the Law on Housing 2023?
What are the cases of termination of lease agreements in respect of rental non-public housing in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 171 of the Law on Housing 2023, there are cases of termination of lease agreements :
- 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 under Article 172 of the Law on Housing 2023 take place.
What are the cases of termination of lease agreements in respect of rental non-public housing in Vietnam under the Law on Housing 2023? (Image from the Internet)
What are the guidelines on preparation of housing contracts in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 163 of the Law on Housing 2023, housing contracts shall be agreed upon by the parties, recorded in writing, and contain:
- Full name of individuals, name of organizations, and address of the parties;
- Description of houses and plots associated with said houses.
In respect of contracts of purchase, lease purchase of apartment flats, the parties shall dictate common area and private area; lifespan of apartment buildings according to design dossiers; useable area in private area; floor area of flats; useable area of common area, in apartment buildings by use purposes; management service fees for apartment building operation if initial apartment building meetings have not been held; responsibilities for paying maintenance expenditure, amount of maintenance expenditure, and accounts for maintenance expenditure payment;
- If capital contribution or housing transaction value has been dictated by contracts or, in case of purchase or lease purchase or lease, stipulated by the Government, the parties must adhere to said regulations and stipulations;
- Payment deadline and methods in case of purchase, lease purchase, lease of houses;
- Time limit for transferring and receiving houses; warranty period in case of purchase, lease purchase of new built houses; term of lease purchase, lease, mortgage, lending, lodging, authorization for housing management; term for capital contribution; term of ownership in case of term housing purchase;
- Rights and obligations of the parties.
In case of housing lease purchase, rights and obligations of the parties regarding repair of damage to houses during lease purchase process must be stated;
- Commitments of the parties;
- Other agreements;
- Effective date of the contracts;
- Date of signing the contracts;
- Signatures and full name of the parties or seals (if any) and positions of signing individuals in case of organizations.
When will the housing ownership be established in Vietnam?
Pursuant to the provisions of Article 12 of the Law on Housing 2023, the specific date of establishing property ownership is as follows:
(1) In case of direct housing investment and construction, the date on which property ownership is established shall be the date on which house construction is finished in accordance with construction laws.
(2) In case of house purchase or lease purchase that is not specified under Clause 4 of Article 12 of the Law on Housing 2023, the date on which property ownership is established shall be the date on which the buyer, the buyer/tenant has settled all payments and received houses unless otherwise agreed upon by the parties.
(3) In case of capital contribution, gifting, ownership transfer, the date on which property ownership is established shall be date on which the parties that receive capital contribution, gift, ownership transfer from the parties that contribute capital, gift, transfer ownership unless otherwise agreed upon by the parties.
(4) In case of purchase and lease purchase between developers of housing development and construction projects and buyers or buyer/tenant, the date on which property ownership is established shall conform to real estate trading laws.
Transactions under cases (2), (3), and (4) shall comply with housing transaction conditions and the contract shall enter into force in accordance with the Law on Housing 2023
(5) In case of inheritance, the date on which property ownership is established shall conform to civil laws.
(6) In case of other circumstances, conform to relevant law provisions.
The Law on Housing 2023 comes into force from January 01, 2025.
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