Rights and obligations of tenants in Vietnam

Rights and obligations of the lessor (Illustration)

1. Obligations of tenants in Vietnam

*Obligation to hand over the rented house in Vietnam

- A lessor must deliver property to the lessee strictly in accordance with the agreed quantity, quality, type and condition and at the agreed place and time, and must provide information necessary for use of the property.

- In case the lessor delays the delivery of the property, the lessee may extend the delivery of the property or cancel the contract and request compensation for damage;

If the leased property is not of the agreed quality, the lessee has the right to request the lessor to repair, reduce the rent or cancel the contract and request compensation for damage in Vietnam.

*Obligation to ensure the use value of the rented house in Vietnam

- The lessor in Vietnam must ensure that the leased property is in the agreed condition, suitable for the purpose of the lease during the lease period;

Must repair the damage and defects of the leased property, except for minor damage that according to the custom of the lessee must repair itself.

- Where the utility value of leased property decreases otherwise than due to the fault of the lessor, the lessee has the right to demand the lessor:

+ Repairs to assets;

+ Reduced by lease

+ Replace the property or, if the leased property is beyond repair and the purpose of the lease is not able to be achieved as a result or if the property has defects which the lessee did not know of, the lessee may terminate unilaterally the performance of the contract and demand compensation for damage.

- Where a lessee demands repair but the lessor fails to repair in time or at all, provided that the lessee informs the lessor, the lessee has the right to repair personally the leased property and has the right to require the lessor to reimburse the costs of repair.

*Obligation to secure the right to use the property for the lessee in Vietnam

- A lessor must assure the right of a lessee to uninterfered use of the property.

- In the event of a dispute as to the ownership rights with respect to leased property, which interferes with use of that property by the lessee, the lessee has the right to terminate unilaterally the performance of the contract and demand compensation for damage.

2. Rights of tenants in Vietnam

*Right to rent preservation in Vietnam

- The lessee must preserve the leased property, must maintain and repair in Vietnam;

If los, damaged, must compensate.

The lessee shall not be liable for normal wear and tear due to the use of the leased property.

- A lessee may, with the consent of the lessor, carry out repairs and improvements to leased property which increase its value and may require reimbursement from the lessor for reasonable costs incurred.

*The right to unilaterally terminate the contract when the lessee leases the house for improper uses and purposes in Vietnam

- The lessee in Vietnam  must use the leased property in accordance with the use of the property and the agreed purpose.

- Where a lessee fails to use leased property strictly in accordance with its utility and purpose, the lessor has the right to terminate unilaterally the performance of the contract and to demand compensation for damage.

*Right to rent in Vietnam

- The lessee must pay the rent in full on time as agreed;

If there is no agreement on the time limit for payment of rent, the time limit for payment of rent shall be determined according to the practices of the place of payment;

If it is not possible to determine the customary time limit, the lessee must pay when returning the leased property.

- Where the parties have agreed on payment of rent in instalments, if the lessee fails to make payment for three consecutive instalments, the lessor has the right to terminate unilaterally the performance of the lease contract, unless otherwise agreed or otherwise provided by law.

*Right to return the rented house in Vietnam

- The lessee in Vietnam must return the leased property in the same condition as it was received, except for natural wear and tear or according to the agreed condition;

If the value of the leased property is reduced compared to the situation at receipt, the lessor has the right to claim damages, except for natural wear and tear.

- When the lessee is late in returning the leased property in Vietnam, the lessor has the right to request the lessee to return the leased property, pay the rent during the delay and pay compensation for damage;

The lessee must pay fines for late return of the leased property, if so agreed.

- The lessee in Vietnam must bear the risk of damage to the leased property during the period of late payment.

Legal basis: Article 476 to Article 482 of the Civil Code 2015

Ngoc Nhi

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