What is the sample form of a house lease agreement in 2024 in Vietnam? Is a house lease agreement in Vietnam required to be notarized or certified?

What is the sample form of a house lease agreement in 2024 in Vietnam?

The house lease agreement is a contractual agreement between the parties regarding the lease of a house. You can refer to the sample form of a house lease agreement here.

Is a house lease agreement in Vietnam required to be notarized or authenticated?

Pursuant to Article 122 of the Law on Housing in 2014 stipulating notarization and authentication of agreements and effective date of housing agreements as follows:

Notarization and authentication of agreements and effective date of housing agreements

1. Regarding agreements on housing sale, giving, exchange, capital contribution, mortgage, or transfer of agreement on commercial housing sale, it is required to notarize or authenticate the agreement, except for cases prescribed in Clause 2 of this Article.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be the date on which the agreement is notarized or authenticated.

2. Regarding transactions in giving houses of gratitude; sale or lease purchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, it is not required to notarize or authenticate the agreement, unless contracting parties wish to notarize or authenticate the agreement.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be agreed by contracting parties; if the contracting parties do not agree, the effective date of agreement shall be the date on which the agreement is signed.

3. The documents on housing inheritance must be notarized or authenticated as prescribed in law on civil.

4. The notarization of housing agreement must be carried out at a notary; the authentication of housing agreement must be carried out at the People’s Committee of the commune where the house is located.

As regulations above, it is not required to notarize or authenticate the house lease agreement. However, both parties can have the agreement notarized (if necessary).

What is the sample form of a house lease agreement in 2024 in Vietnam? Is a house lease agreement in Vietnam required to be notarized or certified? - Image from Internet

In which cases shall the lessor be entitled to terminate unilaterally the house lease agreement in Vietnam?

Pursuant to Article 132 of the Law on Housing in 2014 stipulating unilateral termination of lease agreement as follows:

Unilateral termination of lease agreement

1. During the lease term, the lessor may not unilaterally terminate the lease agreement and withdraw the house, except for cases prescribed in Clause 2 of this Article.

2. The lessor is entitled to terminate unilaterally the lease agreement and withdraw the house in one of following cases:

a) The lessor lease out the state-owned houses or social houses ultra vires and not satisfying requirements as prescribed in this Law;

b) The lessee has not paid the rent for 3 months or more without reasonable explanation;

c) The lessee uses the house for improper purposes as agreed in the agreement;

d) The lessee expands, renovates, or demolishes the house under lease agreement without the consent of the homeowner;

dd) The lessee exchanges, lends, sublets the house under lease agreement without consent of the lessor;

e) The lessee still creates disorder or breaches hygiene an environment conditions causing negative effects on activities of the neighborhood although he/she is warned for the third time by the lessor or the chief of neighborhood, the chief of village;

g) Cases prescribed in Clause 2 Article 129 of this Law.

3. The lessee is entitled to terminate unilaterally the lease agreement:

a) The lessor does not repair the house when it is seriously damaged;

b) The lessor increases the rents unreasonably or increases the rents without notification to the lessee;

c) The right to enjoyment of the house is restricted by interests of a third party.

4. If any party unilaterally terminates the lease agreement, the other party must be informed for at least 30 days, unless otherwise agreed; if he/she commits violations mentioned in this Clause and cause damage, he/she must pay compensation as prescribed.

As regulations above, the lessor is entitled to terminate unilaterally the lease agreement and withdraw the house in one of following cases:

- The lessor lease out the state-owned houses or social houses ultra vires and not satisfying requirements as prescribed in the Law on Housing in 2014;

- The lessee has not paid the rent for 3 months or more without reasonable explanation;

- The lessee uses the house for improper purposes as agreed in the agreement;

- The lessee expands, renovates, or demolishes the house under lease agreement without the consent of the homeowner;

- The lessee exchanges, lends, sublets the house under lease agreement without consent of the lessor;

- The lessee still creates disorder or breaches hygiene an environment conditions causing negative effects on activities of the neighborhood although he/she is warned for the third time by the lessor or the chief of neighborhood, the chief of village;

- In the case where the lease agreement for a house is still in effect, but the lessor carries out renovations on the property without reaching an agreement with the lessee on the new rental price, the lessor has the right to unilaterally terminate the lease agreement and compensate the lessee according to the provisions of the law.

Best regards!