Vietnamese landlord and tenant laws are judged by the Global Property Guide to be slightly Pro-Landlord between landlord and tenant. The laws are neutral on paper, but practical protections can vary depending on how well tenants understand their rights, how clearly contracts are written, and how local authorities enforce them.

Rents: Can landlord and tenant freely agree rents in Vietnam?

The rent can be freely negotiated by both parties. The rent is usually fixed for the duration of the lease term, typically 1 to 2 years.

Deposits

Tenants are typically required to provide a security deposit equivalent to one or two months’ rent. It’s important to ensure the rental agreement clearly outlines the conditions and timeline for the deposit’s return.

What rights do landlords and tenants have in Vietnam, especially as to duration of contract, and eviction?

Tenants are entitled to several key protections, including the right to live in a safe and livable home, protection against wrongful eviction, and the option to end their lease under certain agreed-upon circumstances. Foreign tenants are expected to uphold their end of the lease agreement, which includes timely rent payments and proper upkeep of the rental property.

Key Tenant Protections

• Right to a Safe and Maintained Home: Landlords must keep the property in a condition that meets health and safety standards.

• Lease Termination Options: Tenants may end the lease if specific conditions are met, such as when the landlord fails to uphold their contractual responsibilities.

Foreign tenants are expected to follow local rental regulations, which include registering with the appropriate local authorities. Once a rental agreement is signed, both the tenant and the landlord must report the arrangement to the local ward or district police within 24 hours. If this step is skipped, both parties could face fines. It’s also important for tenants to verify that the landlord is the legal owner of the property to prevent potential issues down the line. Lease registration is mandatory for both residential and commercial rental agreements.

In most cases, foreign tenants aren't directly liable for taxes on the rental income, as it's the landlord's responsibility to handle those payments. However, tenants—whether renting for residential or commercial purposes—may still need to cover certain administrative costs, like registration fees, which can vary based on the lease terms and property type. To avoid legal trouble down the line, it’s wise for tenants to make sure their landlords are meeting all necessary tax obligations.

How effective is the Vietnamese legal system?

If there are disputes or breach of lease by either party, it is typically solved through negotiation and conciliation.

If the matter remains unresolved, the case is brought to the appropriate court for judgment.

Legislation

The 2023 Housing Law, consisting of 198 articles across 13 chapters, outlines regulations on house ownership, development, management, use, housing transactions, and the state’s role in housing oversight in Vietnam. 

On November 27, 2023, the National Assembly officially passed the Vietnam Housing Law 2023. While the new law retains much of the content from the 2014 Housing Law, it also introduces several notable changes. The majority of the provisions in the 2023 Law will take effect on January 1, 2025, though a few will be implemented earlier. As a result, throughout 2024, the 2014 Housing Law will continue to apply alongside certain updated provisions from the 2023 version. In this article, Viet An Law Firm highlights the key updates set to take effect next year.