Being the epicenter of a massive surge of property on the real estate market, Ho Chi Minh City has rapidly risen in popularity. By promoting newer, more modern housing, the megalopolis has made it clear that it wants to more heavily cater for expatriates.
But behind Saigon’s newest eye-catching western-like accommodation choices, less charming practices sometimes lie, however. Therefore, it is primordial that you know what to expect.
It is common practice for agreements to be left to the discretion of both signing parties. It is all up for negotiation. However, this seemingly relaxed way of conducting business can be detrimental to the unsuspecting foreign lessee.
As stated in article 121 of law No. 65/2014/QH13:
A housing contract shall be agreed upon by parties and established in writing, and must
include the following:
1. Full names and addresses of the parties ;
2. Description of the characteristics of the house ;
3. House transaction price ;
4. Term and method of payment ;
5. Term of house handover ;
6. Rights and obligations of the parties ;
7. Commitments of the parties ;
8. Other agreements ;
9. Entry into force of the contract ;
10. Signing date of the contract ;
11. Signatures and full names of the parties.
– Under article 33 of law No. 47/2014/QH13:
1. Any foreigner that temporarily resides in Vietnam must, via the manager of the lodging establishment, declare their temporary residence at the local police.
2. The manager of the lodging establishment shall complete the declaration form and submit it within 12 hours […].
– Article 132 of law No. 65/2014/QH13 stipulates what a lessee ought not to do:
3. a/ The lessor may unilaterally terminate the contract in the following cases:
b/ The lessee has failed to pay rent as agreed upon in the contract for 3 or more consecutive months without plausible reasons ;
c/ The lessee uses the house for other purposes than agreed upon in the contract ;
d/ The lessee breaks, expands, renovates, or demolishes the leased house without permission ;
e/ The lessee exchanges, lends, or sub-leases the leased house without the consent of the lessor ;
f/ The lessee causes disorder, seriously affecting the daily life of the neighborhood and fails to stop after having been warned in writing for the third time by the lessor ;
. Under article 132 of law No. 65/2014/QH13 :
4. The lessee may unilaterally terminate the contract when the lessor commits one of the following acts :
a/ Failing to repair the house when it is severely damaged ;
b/ Increasing the rent unreasonably or without notifying the lessee ;
5. Any party that unilaterally terminates the house lease contract shall notify the other party at least 30 days in advance unless otherwise agreed upon by the parties. If violating this Clause […], the party unilaterally terminating the contract shall pay compensation per the law.
Although problems are typically solved through negotiation and conciliation, we, at Realty Quest, have it at heart to assist you in settling disputes whenever necessary.