How are rental terms and rental prices regulated under current law?

According to the provisions of Article 129 of the 2014 Housing Law, specifically as follows:

- The lessor and the lessee may agree on the lease term, rental price and the form of periodic or one-time rent payment; in case the State has regulations on housing rental prices, the parties must comply with such regulations.

- In case the housing lease contract has not expired but the lessor renovates the house and the lessee agrees, the lessor has the right to adjust the housing rental price. The new housing rental price is agreed upon by the parties; in case no agreement is reached, the lessor has the right to unilaterally terminate the housing lease contract and must compensate the lessee according to the provisions of law.

- The State protects the legal rights and interests of the lessor and lessee during the process of renting and leasing housing.

How are cases of termination of housing lease contracts regulated?

Pursuant to Article 130 of the 2014 Housing Law, it is specifically stipulated as follows:

- In case of renting state-owned housing, the termination of the lease contract is carried out when one of the cases specified in Clause 1, Article 84 of this Law occurs.

- In case of renting non-state-owned housing, the termination of the housing lease contract is carried out when one of the following cases occurs:

+ The housing lease contract expires; in case the contract does not specify a term, the contract shall terminate after 90 days from the date the lessor notifies the lessee of the termination of the contract;

+ Both parties agree to terminate the contract;

+ No more rental housing;

+ The tenant dies or is declared missing by the Court and at the time of death or disappearance there is no one living with him/her;

+ The rented house is severely damaged, at risk of collapse or is located in an area where there is a decision to reclaim land, clear the house or have a decision to demolish it by a competent state agency; the rented house is subject to requisition or confiscation by the State for other purposes. The lessor must notify the lessee in writing 30 days in advance of the termination of the housing lease contract as prescribed in this point, unless the parties have another agreement;

+ Termination according to the provisions of Article 132 of this Law.

How is unilateral termination of a housing lease contract regulated?

According to the provisions of Article 131 of the 2014 Housing Law, it is stipulated as follows:

- During the housing lease term as agreed in the contract, the lessor shall not unilaterally terminate the housing lease contract and reclaim the leased housing, except in the cases specified in Clause 2 of this Article.

- The lessor has the right to unilaterally terminate the lease contract and reclaim the leased house in one of the following cases:

+ The lessor of state-owned housing or social housing leases out without proper authority, to the wrong subjects, or without meeting the conditions prescribed by this Law;

+ The tenant does not pay the rent as agreed for 03 months or more without a valid reason;

+ The tenant uses the house for purposes other than those agreed in the contract;

+ The tenant arbitrarily breaks, expands, renovates, or demolishes the rented house;

+ The lessee converts, lends, or sublets the rented house without the consent of the lessor;

+ The tenant causes disorder and environmental sanitation, seriously affecting the lives of people around, and has been recorded by the landlord or the head of the residential group, village, hamlet, village, commune, village, or hamlet for the third time but still fails to remedy the situation;

+ Belonging to the case specified in Clause 2, Article 129 of this Law.

- The tenant has the right to unilaterally terminate the housing lease contract when the landlord commits one of the following acts:

+ Do not repair houses when there is serious damage;

+ Unreasonably increasing the rental price or increasing the rental price without notifying the tenant in advance as agreed;

+ When the right to use the house is restricted due to the interests of a third party.

- The party unilaterally terminating the housing lease contract must notify the other party at least 30 days in advance, unless the parties have another agreement; if the violation of the provisions of this clause causes damage, compensation must be paid according to the provisions of law.