Housing rental conditions
Pursuant to Clause 1 and Clause 3, Article 160 of the 2023 Housing Law, housing for rent must meet the following conditions:
- Not in a case of dispute, complaint, or lawsuit regarding ownership rights according to the provisions of law on dispute resolution, complaints, and denunciations.
- Within the housing ownership period in case of limited-term housing ownership.
- Not subject to seizure to enforce a judgment or to enforce an administrative decision that has come into legal effect of a competent state agency or not subject to temporary emergency measures or preventive measures according to a decision of a court or competent state agency.
- Not in the case of having a decision to reclaim land, having a notice of clearance or demolition of housing from a competent authority.
In addition, Clause 2, Article 118 of the Housing Law 2023 also stipulates that housing for rent is not required to have a Certificate but must have alternative documents. According to Clause 6, Article 8 of Decree 95/2024/ND-CP, documents proving rental conditions when there is no Certificate are as follows:
“In case of leasing, lending, allowing temporary stay or authorizing the management of housing (except for the case of leasing public property housing as prescribed in Point d, Clause 1, Article 13 of the Housing Law), the lessor, lender, allowing temporary stay or authorizing the management of housing must have a contract for the purchase or hire-purchase of housing signed with the investor of the housing construction project if the purchase or hire-purchase of housing is from the investor; in case of transfer of the purchase or hire-purchase contract, there must be an additional document transferring the purchase or hire-purchase contract of housing established in accordance with the provisions of the law on real estate business.
In case of self-investment in house construction, there must be a construction permit or documents proving house ownership according to the provisions of civil law and land law."
Thus, when there is no Certificate, one of the following documents is required:
- Contract for sale or lease-purchase of house signed with the investor if buying or leasing a house from the investor.
- Building permit or other documents proving home ownership.
Terms and conditions of the parties when renting a house
* Terms of the lessor
According to Clause 1, Article 161 of the Housing Law 2023, the lessor must meet the following conditions: The party selling, leasing, donating, exchanging, inheriting, mortgaging, contributing capital, lending, letting or authorizing the management of housing must meet the conditions on the subject participating in the transaction according to the provisions of the law on civil matters.
* Tenant's terms and conditions
Clause 2, Article 161 of the 2023 Housing Law stipulates that the tenant must meet the following conditions:
- If the individual is a domestic individual, it is not required to have a residence registration at the place where the house is transacted;
- If you are a foreign individual or a Vietnamese person residing abroad, you must be eligible to own a house in Vietnam according to the provisions of this Law and are not required to register your residence at the place where the house is transacted. Vietnamese people residing abroad must also comply with the provisions of the Land Law.
