How many days in advance must the demolition of housing under lease agreement notice be given in Vietnam?

How many days in advance must the demolition of housing under lease agreement notice be given in Vietnam?

My landlord has just announced that in 10 days he will demolish the apartment block to build a new one, asking everyone to move out. Is such a statement correct? And I know that the owner of this inn has another inns with empty rooms, can I ask the innkeeper to arrange in case I can't find a place to stay? I have a contract until June next year.

Reply:

Pursuant to Article 97 of the 2014 Housing Law, demolition of the housing under lease agreement is as follows:

1. The lessor must notify the lessee of the demolition in writing for at least 90 days before demolition, except for state of emergency or demolition as defined in the administrative decisions of the competent agency.

2. In case of demolition for rebuilding the house and the lease term does not expire, the lessor take responsibility for arranging another place for the lessee during the demolition and reconstruction period, unless the lessee agrees to manage the dwelling themselves. After finishing the house, the lessee entitled to keep renting the house until the lease agreement expires, unless the lessee does not wish to keep renting that house; in case the lessee manage the dwelling himself/herself, he/she is exempt from the rent during the demolition or reconstruction period, such period shall not be included in the term of the lease agreement.

Thus, according to regulations in Vietnam, when demolishing a leasing house, it is necessary to notify the telessee ant at least 90 days in advance. But here, the lessor only gives 10 days notice, so it is against the law.

According to the regulations in Vietnam, it is also clear that in case of demolition to build a house with the remaining term of the lease, the lessor is responsible for arranging another rental place and must continue to lease it after the construction is completed until the contract expires. So you can completely ask the lessor to arrange a place to stay, after building a new inn, you must let him continue to rent until the contract expires in Vietnam.

When does the lessor terminate the lease agreement in Vietnam?

Hi guys, I'm a freshman who just moved to Saigon to rent a house, I heard that when renting a house, there must be a rental contract, but I just rented this place and received only 1 rental deposit receipt 1 month in advance and the price of rent per month but without a rental contract, what should happen if you are staying but the lessor asks to move out? Please help me with advice.

Reply:

Pursuant to Article 121 of the Law on Housing 2014 stipulates that housing contracts must be made in writing, which means that there must be a contract => The receipt you receive are considered as a contract that only determines the price, so the rights and obligations the parties do not agree on will be implemented in accordance with the law in Vietnam.

Pursuant to Point a, Clause 2, Article 131 of the Law on Housing 2014, when there is no agreement on the termination of the contract, the contract shall terminate after 90 days from the date on which the lessor notifies the lessee of the termination of the contract.

Conclusion: According to the provisions of the law on housing in Vietnam, when renting a house, it must be made in writing, the receipt you receive is considered a contract, and the rights and obligations not agreed upon will be performed in accordance with the provisions of the contract. In this case, if you do not agree on the term of contract termination, the lessor has the right to request termination but must notify you 90 days in advance.

When can the lessor adjust the lease price in Vietnam?

I have signed a 1-year lease, I've been living here for 6 months now. Recently, the lessor told me that he wanted to renovate the house and I am a lessee, so I wanted to ask for advice, I disagree, but the owner still repaired the house, the problem is after the house renovation is finished. then the lessor wants to increase the price, I am not satisfied with this, should I ask in which case the lessor can adjust the rental price? If I still do not agree, can I unilaterally terminate the contract?

(Minh_vu***@gmail.com)

Reply:

Article 129 of the Law on Housing 2014 provides the following:

1. The lessor and the lessee may agree about lease term, rents and payment, lump sum or installment payments; if there are any regulations on housing rent regulated by the State, the contracting parties shall comply with regulations.

2. If the lessor renovates the house with consent of the lessee although the lease term does not expire, the lessor is entitled to adjust the housing rents. The new rent shall be agreed by contracting parties; if not, the lessor is entitled to unilaterally terminate the lease agreement and pay compensation to the lessee as prescribed.

3. The lawful rights and interests of the lessor and the lessee shall be protected by the State over the lease term.

Thus, according to regulations in Vietnam, for rental houses, when the house is renovated and agreed by the lessee, the lessor has right to adjust the house rent. But in this case you do not agree, but the owner still renovates and then increases the rent when the two parties have not reached an agreement, you have the right to unilaterally terminate the housing lease contract and depending on the specific situation, the lessor may have to compensate the lessee in accordance with the law.

According to Clause 2, Article 131 of the Law on Housing 2014, with respect to agreements on non-state-owned house lease, they shall be terminated in one of the following cases:

a) The lease agreement expires; regarding the unlimited term agreement, it shall terminate after 90 days, from the day on which the lessor notify the lessee of the termination of the lease agreement;

b) Both contracting parties agree to terminate the agreement;

c) The house for lease no longer exists;

d) The lessor does not live with anybody when he/she dies or is declared missing by the court;

dd) Any house for lease which is damaged, in danger of collapse or in the area subject to land withdrawal or housing clearance or demolition according to decisions issued by the competent agency; or any house for lease subject to decision on compulsory purchase order or commandeering issued by the State to use for other purposes.

The lessor must notify the lessee of the termination of the lease agreement in writing 30 days in advance as prescribed in this Clause, unless otherwise agreed;

e) The agreement terminates as prescribed in Article 132 of this Law.

Here is the content of the consultation in Vietnam. Hope the information shared here will help you.

Best regards!