What are the regulations on rights to continue renting houses in Vietnam?

What are the regulations on rights to continue renting houses in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the regulations on rights to continue renting houses in Vietnam?

According to Article 133 of the Law on Housing 2014, the rights to continue renting houses are as follows:

- In case the homeowner dies but the lease has not expired, the lessee has right to continue renting the house for the rest of their lease term. The heir is required to keep performing the lease agreement, unless otherwise agreed.

If the homeowner has no lawful heir as prescribed, that house shall be under ownership of the State and the lessees have right to continue renting as prescribed in regulations on management and use of state-owned houses.

- If the homeowner transfers ownership of the house under lease agreement to other people but the lease term has not expired, the lessee has right to continue renting for the rest of their lease term; the new homeowner must keep performing the lease agreement, unless otherwise agreed.

- If the lessee dies but the lease term has not expired, any people living with the lessee has right to continue renting for the rest of the lease term, except for official residence lease or unless otherwise agreed.

2. Regulations on unilateral termination of lease agreement in Vietnam

Regulations on unilateral termination of lease agreement under Article 132 of the Law on Housing 2014 are as follows:

- 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 Article 132 of the Law on Housing 2014.

- 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 this Law;

+ 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;

+ Cases prescribed in Clause 2 Article 129 of the Law on Housing 2014.

- The lessee is entitled to terminate unilaterally the lease agreement:

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

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

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

- 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.

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