07/12/2024 14:28

Compilation of 19 judgments on lease agreement disputes in the field of business and commerce in Vietnam

The article below will provide content related to the lease agreement for premises and a collection of judgments on disputes over premises lease agreements in Vietnam

What is a lease agreement for premises in Vietnam?

According to Article 472 of the Civil Code 2015 regarding asset lease agreements:

Asset Lease Agreement

An asset lease agreement is an agreement between parties, whereby the lessor delivers an asset to the lessee for use over a certain period, and the lessee must pay rent.

A residential lease agreement, or a lease for other purposes, shall be executed in accordance with the provisions of this Code, the Housing Law, and other relevant legal regulations.

Therefore, from the above regulation, it can be understood that a lease agreement for premises is a document that records the agreement between parties, whereby the lessor delivers the premises to the lessee for use over a specified period to conduct activities according to the committed purpose and rent must be paid.

Simultaneously, the lessee and the lessor must comply with the obligation to ensure the usability value of the leased asset as prescribed in Article 477 of the Civil Code 2015 as follows:

- The lessor must ensure that the leased asset is in the agreed condition, suitable for the purpose of the lease throughout the lease term; must repair any damages or defects of the leased asset, except for minor damages that the lessee must customarily fix themselves.

In case the leased asset's usability value is reduced not due to the lessee's fault, the lessee has the right to ask the lessor to perform one or several of the following measures:

+ Repair the asset;

+ Reduce the rent;

+ Exchange for another asset or unilaterally terminate the contract and request compensation if the leased asset has defects that the lessee was unaware of or the asset cannot be repaired, thus defeating the purpose of the lease.

- If the lessor, having been notified, fails to repair or does not promptly repair, the lessee may make repairs to the leased asset at a reasonable cost but must inform the lessor and may request the lessor to cover the repair costs.

Compilation of 19 judgments on lease agreement disputes in the field of business and commerce in Vietnam

No.	Judgment Title	Level of Trial	Court of Trial
1	Judgment 83/2024/KDTM-PT on a dispute over a lease agreement for premises	Appellate	People's Court of Hanoi City
2	Judgment 32/2024/KDTM-PT on a dispute over a lease agreement for premises and asset	Appellate	People's Court of Ho Chi Minh City
3	Judgment 03/2024/KDTM-PT on a dispute over a lease agreement for premises	Appellate	People's Court of Da Nang City
4	Judgment 10/2023/KDTM-PT on a dispute over a business lease agreement for premises	Appellate	People's Court of Binh Dinh Province
5	Judgment on a dispute over a lease agreement for premises number 01/2022/KDTM-ST	First instance	People's Court of Dong Son District, Thanh Hoa Province
6	Judgment on a dispute over a real estate business agreement number 14/2022/KDTM-PT	Appellate	People's Court of Da Nang City
7	Judgment on a dispute over a business lease agreement for premises and reclaiming leased asset number 440/2021/KDTM-PT	Appellate	People's Court of Ho Chi Minh City
8	Judgment on a dispute over a lease agreement for premises number 295/2021/KDTM-PT	Appellate	People's Court of Ho Chi Minh City
9	Judgment 01/2021/KDTM-PT dated January 22, 2021, on a dispute over a lease agreement for premises	Appellate	People's Court of Binh Duong Province
10	Judgment 708/2020/KDTM-PT on a dispute over a lease agreement for premises	Appellate	People's Court of City H
11	Judgment on a dispute over a lease agreement for premises number 164/2020/KDTM-PT	Appellate	People's Court of Ho Chi Minh City
12	Judgment 121/2020/KDTM-PT on a dispute over leasing premises	Appellate	People's Court of Ho Chi Minh City
13	Judgment 1195/2019/KDTM-PT on a dispute over a lease agreement for premises	Appellate	People's Court of Ho Chi Minh City
14	Judgment 77/2019/KDTM-ST dated November 22, 2019, on a dispute over a lease agreement for premises	First instance	People's Court of Thu Duc District, Ho Chi Minh City
15	Judgment on a dispute over a lease agreement for premises number 01/2019/KDTM-ST	First instance	People's Court of Di An District-level Town, Binh Duong Province
16	Judgment 01/2019/KDTM-ST dated February 21, 2019, on a dispute over a lease agreement for premises	First instance	People's Court of Di An District-level Town, Binh Duong Province
17	Judgment 207/2018/KDTM-PT on a dispute over a lease agreement for premises	Appellate	People's Court of Ho Chi Minh City
18	Judgment 06/2017/KDTM-PT dated August 16, 2017, on a dispute over a commercial business lease agreement for premises, contract violation penalties, and compensation for unilateral contract cancellation	Appellate	People's Court of Lam Dong Province
19	Judgment 17/2017/KDTM-ST dated August 4, 2017, regarding a requirement to fulfill the obligation to pay rent for premises	First instance	People's Court of Hai Chau District, Da Nang City

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

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