If the tenant purchases a house and violates the payment obligation in the agreed contract, can the homeowner arbitrarily remove the tenant's belongings and sell them?

Pursuant to Point dd, Clause 2, Article 15 of Decree 144/2021/ND-CP regulations on sanctions for administrative violations in the field of security, social order and safety; prevent and combat social evils; fire protection and prevention; rescue and salvage; Preventing and combating domestic violence regarding violations of regulations on causing damage to the property of other organizations and individuals as follows:

“Violating regulations on causing damage to property of other organizations and individuals.

2. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:

d) Illegally using, buying, selling, mortgaging, pledging or seizing other people's property;

..3. Additional penalties:

a) Confiscate material evidence and means of administrative violations for the acts specified in Points a, b, c and d, Clause 1 and Points a, b, c and dd, Clause 2 of this Article;

b) Expel foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article.

According to Article 176 of the 2015 Penal Code supplemented by point dd, clause 1, Article 2 of the Law amending the Penal Code 2017 Regulations on the crime of illegal possession of property are as follows:

“Crime of illegal possession of property

1. Any person who intentionally does not return to the owner, legal manager or fails to hand over to a responsible agency property worth from 10,000,000 VND to under 200,000,000 VND, or under 10,000,000 VND but the property is a relic, antique or object of historical or cultural value that was mistakenly delivered or found or captured by the owner, legal manager or responsible agency. If you request to receive that property back according to the provisions of law, you will be fined from 10,000,000 VND to 50,000,000 VND, subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. Committing the crime of seizing property worth 200,000,000 VND or more or national treasures, the penalty shall be from 01 year to 05 years."

Thus, although the lessee buying the house violates the payment obligation in the contract, the lessor is not allowed to arbitrarily remove the lessee's belongings without the lessee's consent.

If the lessor arbitrarily removes the property, the lessor may be prosecuted for criminal liability depending on the severity and the penalty can be up to 5 years in prison.