Nowadays, there are many cases where when a lease agreement ends, the lessee often forgets or leaves their property behind. So, in this case, how will that property be handled in Vietnam?
Article table of contents
Vietnam: How shall the lessee's left-behind property be handled when the lease agreement ends? (Source: Internet)
1. Cases of terminating lease agreement in Vietnam
According to Article 131 of Vietnam's Law on Housing 2014, the terminating lease agreement cases are as follows:
- With respect to agreements on state-owned house lease, they shall be terminated if they are subject to one of cases prescribed in Clause 1, Article 84 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:
+ 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;
+ Both contracting parties agree to terminate the agreement;
+ The house for lease no longer exists;
+ The lessor does not live with anybody when he/she dies or is declared missing by the court;
+ 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;
+ The agreement terminates as prescribed in Article 132 of the Law on Housing 2014.
2. The lessor's ownership of the lessee's left behind property
According to Article 165 of Vietnam's Civil Code 2015, the lessor takes possession of the property on legal grounds in the following cases:
- Possession with a legal basis is the possession of a property in any of the following cases:
+ The owner possesses the property;
+ A person is authorized by the owner to manage the property;
+ A person to whom the right to possession has been transferred through a civil transaction in accordance with the provisions of law;
+ A person who discovers and keeps derelict property, property with unidentified owners, property which has been let drop on the ground, left over out of inadvertence, buried or sunken in accordance with Civil Code 2015 and/or relevant laws.
+ A person who discovers and keeps stray domestic animals, poultry or raised aquatic animals in accordance with Civil Code 2015 and/or relevant laws;
+ Other cases as prescribed by law.
- A possession of property which does not comply with the provisions of Clause 1 of Article 165 of Civil Code 2015 is a possession without a legal basis.
3. The lessee's right to reclaim property
According to Article 166 of Vietnam's Civil Code 2015, the owner has the right to reclaim the property as follows:
- Owners and/or holders of other property-related rights shall have the right to request the persons possessing, using or receiving benefits from the property without a legal basis to return such property.
- The owner of a property has no right to reclaim such property that is in the possession of a holder of other property-related rights.
Thus, if the property is left under the ownership of the lessee, the landlord must notify the lessee to receive it back.
Chi Nhan
