According to Section 3 Land Law 2023 stipulates Lease of Housing as follow:
Article 170. Term of Lease, Rent, and Sublease of Housing
1. The lessor and the lessee of housing may agree on the lease term, rent, and method of rent payment either periodically or in a lump sum; where the State provides for rent, the parties must comply with such regulations.
2. Where the lessor renovates the housing with the lessee’s consent, the lessor is entitled to adjust the rent if the remaining lease term is one-third or less of the lease contract term. The new rent shall be agreed upon by the parties; where no agreement is reached, the lessor has the right to unilaterally terminate the housing lease contract but must compensate the lessee in accordance with law.
3. The lessor and the lessee of housing are protected by the State in their lawful rights and interests during the lease.
4. The lessee has the right to sublease the housing leased by them with the lessor’s consent.
Article 171. Cases of Termination of Housing Lease Contract
1. For lease of housing being public property, termination of the housing lease contract shall be carried out in the cases prescribed in Clause 1, Article 127 of this Law.
2. For lease of housing not being public property, termination of the housing lease contract shall be carried out in the following cases:
a) Expiry of the lease contract; where no lease term is specified in the contract, the contract shall terminate 90 days after the lessor notifies the lessee of contract termination;
b) Mutual agreement of the parties to terminate the contract;
c) The leased housing no longer exists;
d) The lessee being an individual dies or is declared missing by a court, and at the time of death or missing there is no one cohabiting;
dd) The lessee being an organization is dissolved, bankrupt, or terminates operation;
e) The leased housing is seriously damaged, at risk of collapse, or located in an area subject to land recovery, housing clearance, or demolition under a competent authority’s decision; or the leased housing is subject to compulsory purchase or requisition by the State for other purposes.
The lessor must notify the lessee in writing at least 30 days in advance of the contract termination under this Point, except in force majeure events or where otherwise agreed by the parties;
g) The case prescribed in Article 172 of this Law.
Article 172. Unilateral Termination of Performance of Housing Lease Contract
1. During the lease term agreed in the contract, the lessor shall not unilaterally terminate the performance of the housing lease contract and repossess the leased housing, except in the cases prescribed in Clause 2 of this Article.
2. The lessor of housing has the right to unilaterally terminate the performance of the housing lease contract and repossess the leased housing in the following cases:
a) The lessor leases housing being public property, social housing, housing for the people’s armed forces, or worker dormitories in industrial zones without proper authority, to improper subjects, or without meeting conditions as prescribed by the Law on Housing;
b) The lessee fails to pay rent in full for 03 months or more as agreed in the contract without a reason agreed in the contract;
c) The lessee uses the housing for purposes other than those agreed in the contract;
d) The lessee arbitrarily demolishes, expands, renovates, or dismantles the leased housing;
dd) The lessee transfers, lends, or subleases the leased housing without the lessor’s consent;
e) The lessee causes disorder or environmental pollution, seriously affecting the lives of surrounding residents, and despite three written records made by the lessor or the head of the residential group, hamlet, or village, fails to remedy;
g) The case prescribed in Clause 2, Article 170 of this Law.
3. The lessee of housing has the right to unilaterally terminate the performance of the housing lease contract in the following cases:
a) The lessor fails to repair the housing when it is seriously damaged;
b) The lessor unreasonably increases rent or increases rent without notifying the lessee in advance as agreed in the contract;
c) The lessee’s right to use the housing is restricted due to the interests of a third party.
4. The party unilaterally terminating the performance of the housing lease contract must notify the other party in writing or in another form as agreed in the contract at least 30 days in advance, unless otherwise agreed by the parties; if a violation of this Clause causes damage, compensation must be paid in accordance with law.
Article 173. Right to Continue Leasing Housing
1. Where the housing owner dies but the lease term remains, the lessee may continue to lease the housing until the expiry of the contract. The heir is responsible for continuing the lease contract previously concluded, unless otherwise agreed by the parties. Where the housing owner has no lawful heir, provisions of the Civil Code shall apply.
2. Where the housing owner transfers ownership of the leased housing to another person while the lease term remains, the lessee may continue to lease the housing until the expiry of the contract; the new owner is responsible for continuing the lease contract previously concluded, unless otherwise agreed by the parties.
3. Where the lessee dies while the lease term remains, the person cohabiting with the lessee may continue to lease the housing until the expiry of the lease contract, unless it is official-duty housing or otherwise agreed by the parties or provided by law.
