Drafting apartment lease contract in Vietnam

Along with the continuous development of the big cities, the demand for renting houses, especially apartments, has become more popular. Apartment lease contracts are often known and used for this demand. However, in reality, many customers have difficulties when they can not determine the specific content to be agreed on in the contract. To support clients, Viet An Law Firm will provide clients with information about drafting apartment lease contract in Vietnam as follows.

Legal basis

• Civil Code 2015.
• Law on Housing 2014.

What is an apartment?

The Housing Law 2014 has a regulation: An apartment building is a house with 02 or more floors, many apartments, a common walkway, stairs, private ownership, common ownership, and infrastructure works system for common use by households, individuals, and organizations, including apartment buildings built for residential purposes and apartment buildings built with mixed-use purposes for residence and business.

What is an apartment lease contract?

A contract is an agreement between the parties on the establishment, change, or termination of civil rights and obligations (Article 385 Civil Code 2015). It can be understood that an apartment lease contract is an agreement between the parties on the lease price, lease term, and terms of the contract. The essence of an apartment lease contract is a property lease contract.

The conclusion of the apartment lease contract is extremely important. An apartment lease contract gives the lessee the right to use the house legally and ensure the right to use the house throughout the contract period. This contract is also the most important basis for resolving disputes during the lease term.

Contents required when drafting apartment lease contract in Vietnam

The parties must agree to the apartment lease contract voluntarily, in good faith, not contrary to the law. Usually, the contents required in the apartment lease contract are as follows:

• Both party’s information: full name, address, phone number,..
• Documents proving the right to lease in case the lessor is a legal entity.
• Information about the leased apartment: apartment address, apartment number, apartment floor, common – private area, equipment attached to the apartment, the origin of the apartment,…
• Lease term: exactly and specifically state the term follows the Civil Code.
• Lease price, lease method, payment term: the parties agree on the lease price (during one month, one year,…), lease method (cash, bank transfer,…), and payment term (at the time monthly, yearly).
• Delivery time of the leased apartment, the actual conditions at this time.
• Rights and obligations of the lessor of the apartment:
  • Rights: The lessor has the right to request the lessee to pay full lease payment following the determined agreement; request the lessee to be responsible for repairing the damage and compensating for damage caused by the lessee (if any); request the lessee to pay full lease payment (for the lease period) and hand over the apartment if the parties agree to terminate the lease contract ahead of time. Unilaterally terminate the lease contract when the lessee violates acts as agreed by the parties; request the lessee to return the house when terminating the lease contract as agreed; other rights agreed by the parties.
  • Obligation: The lessor shall hand over the apartment and equipment attaching (if any) to the lessee on time; notify the lessee about the regulations on management of apartment use; ensure the lessee uses the apartment stably during the lease term; pay back the lease payment which pays ahead in case the parties agree to terminate the lease contract ahead of time; maintain, manage the leased apartment following regulations of management of housing use; guide, request the lessee to strictly comply with regulations on demographic management; other obligations agreed by the parties.
• Rights and obligations of the lessee of the apartment:
  • Rights: The lessee has the right to receive the apartment and equipment attaching (if any) following the agreement; request the lessor to promptly repair the damage to the apartment; request the lessor pay back the lease payment which pays ahead in case the parties agree to terminate the lease contract ahead of time; the lessee have the right to unilaterally terminate the lease contract when the lessor violates acts as agreed by the parties;  other rights agreed by the parties.
  • Obligation: The lessee must pay full lease payment on time following the determined agreement; use the apartment for its intended purpose; be responsible for repairing the damaged part caused by them; fully comply with regulations on management of apartment use; it is forbidden to transfer the apartment lease contract or sublease it to another person unless otherwise agreed by the lessor; other obligations agreed by the parties.
• Right to continue leasing the apartment: the parties agree the lessee will continue leasing the apartment in some cases such as the death of the lessor but the apartment lease term remains; the lessor transfers the ownership of the apartment but the apartment lease term remains,…
• Terminate the apartment lease contract: the parties agree with each other about some cases of termination of the apartment lease contract: The apartment lease contract expires but the parties decide not to sign more; the parties agree to terminate the lease contract ahead of time; the leased apartment is not existed; the lessee dies without anybody living with; when one side unilaterally terminates the lease contract following the law.
• The effective time of the contract, the effective conditions, and some regulations.

Some questions about the apartment lease contract

In case the lessor of the apartment is an enterprise, what does the lessor’s information include?

In that case, the apartment lease contract needs some information about the name, address, phone number, tax code, representatives, and documents proving the right to lease of the lessor (Certificate of using land right, Construction permit, Enterprise Registration Certificate with real estate business function of the lessor or some equivalent documents. This is an important basis for the lessee to do administrative procedures related to business investment registration if the function of the leased apartment is used for commercial business.

In case the lessor of the apartment is an individual, what information should be provided?

In case the lessor of the apartment is an individual, the apartment lease contract should include the information about full name, ID number, permanent residence, address, and phone number.

In case the lessor of the apartment is a co-owner, what information should be provided?

In case the lessor of the apartment is a co-owner, the apartment lease contract should include the co-owner’s information about full name, ID number, permanent residence, address, and phone number. The co-owners have equal rights and joint responsibility when signing the contract.

Legal service for drafting contracts in Vietnam by Viet An Law Firm

• Support in drafting documents and consulting on the terms of the apartment lease contract;
• Representing clients to take part in the agreement, drafting apartment lease contract ;
• Consulting about the procedures related to leasing an apartment.

To receive advice and support in drafting apartment lease contract in Vietnam, please contact Viet An Law Firm for the best support!

Disclaimer: This article was last updated in May 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.