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Lease contracts are common transactions in social life. People can lease property for residential purposes, business headquarters, or production facilities. So how are disputes over unnotarized lease contracts in Vietnam resolved?
Disputes Over Lease Contracts in Vietnam
Disputes over lease contracts involve conflicts and disagreements arising during the execution of the lease contract. These disputes can arise from various reasons such as:
- Unclear Contract Terms: Different interpretations of the contract terms by the parties can lead to disputes.
- Reluctance to Continue the Contract: Either the landlord or the tenant does not want to continue with the contract, causing disputes.
- Unreasonable Rent Increase: The landlord increases the rent unreasonably.
- Legal Violations by the Tenant: The tenant violates legal regulations during the use of the leased property.
- Failure to Repair: The landlord does not repair damaged or deteriorated items as agreed with the tenant.
- Other Contract Violations: Other actions violating the lease contract terms.
Oral Lease Contract Disputes in Vietnam
While most lease contracts today are written agreements, there are cases where leases are agreed upon orally without a written contract. This makes resolving disputes very challenging.
According to Article 121 of the Housing Law 2014, lease contracts must be in written form with legal signatures and stamps (if the organization is involved). Therefore, if the parties only agree orally without signing a contract, the oral lease contract is invalid. The landlord has the right to reclaim the rented property, and the tenant is entitled to a refund of any prepaid amounts for the unused rental period.
In the case of an oral lease contract, the tenant should keep the following documents and evidence to best protect their rights:
- Bank Transfer Details: Documenting the deposit and prepaid rent. For example, “Nguyen Van A deposits rent for 123 XYZ street…”
- Messages: All messages between the tenant and the landlord related to the lease agreement.
Disputes Over Unnotarized Lease Contracts in Vietnam
According to Clause 2, Article 122 of the Housing Law 2014, lease contracts are not required to be notarized. The parties may choose to notarize the contract or not. An unnotarized lease contract still holds legal validity.
In the event of a dispute over an unnotarized lease contract in Vietnam, the parties can file a lawsuit to protect their legal rights and interests.
Jurisdiction for Resolving Lease Contract Disputes in Vietnam
When a lease contract dispute in Vietnam arises, the parties can file a lawsuit at the competent People’s Court for resolution. The competent court is the district, town, or city-level People’s Court where the defendant has a legal residence address.
If the disputing parties are commercial entities and have agreed to resolve the lease contract dispute through arbitration, the lawsuit can be filed at a commercial arbitration center. Currently, there are many commercial arbitration organizations, depending on the parties’ choice.
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