Call us now:
This article discusses common lease contract disputes and methods for resolving lease contract disputes in Vietnam.
What is a Lease Contract in Vietnam?
A lease contract in Vietnam is a written agreement between a landlord and a tenant. It specifies the terms and conditions related to renting the property, including the description of the rented property, the lease term, rent amount, security deposit, maintenance and repair regulations, and the rights and obligations of both parties.
Lease Contract Disputes in Vietnam
Lease contract disputes in Vietnam occur when there are disagreements, differences, or conflicts between the landlord and the tenant regarding the terms, conditions, or execution of the lease contract. These disputes can involve various issues, such as payments, maintenance, use of the rented property, and termination of the contract.
Common situations leading to lease contract disputes in Vietnam include:
- Disputes over Rent Payments: These are the most common causes of disputes, occurring when tenants do not pay rent on time or disagree with increased rent demanded by the landlord.
- Security Deposit and Refund: Disputes can arise when tenants request a refund of their security deposit, and the landlord refuses or delays without a valid reason, often due to disagreements about the property’s condition when returned.
- Maintenance and Condition of the Property: Issues related to repairs and maintenance frequently cause disputes, especially if the contract is unclear about the responsibilities of each party.
- Use of the Property: Restrictions on the use of the property can lead to disputes if tenants violate agreed terms, such as pet ownership, the maximum number of occupants, or using the property for commercial purposes.
- Unilateral Termination of the Contract: Disputes can occur when one party wishes to unilaterally terminate the contract before its term, leading to conflicts over prior notice, compensation, or other termination conditions.
- Breach of Contract: Any violation of the contract terms can lead to legal disputes, from non-compliance with noise regulations to violations of safety and health regulations for tenants.
Jurisdiction for Resolving Lease Contract Disputes in Vietnam
In Vietnam, lease contract disputes are resolved through the following legal mechanisms and jurisdictions:
- People’s Court: This is the main authority for resolving lease contract disputes. Typically, such disputes are resolved at the district, town, or city-level People’s Courts. However, in some cases, such as when one party resides abroad, the provincial-level People’s Court has jurisdiction. The court examines the evidence, applies relevant legal provisions, and issues a final binding and enforceable judgment.
- Commercial Arbitration Center: If the parties to the lease contract agree to use commercial arbitration to resolve disputes, the case can be brought to a commercial arbitration center. Arbitration is an out-of-court dispute resolution method chosen by the parties through a contract agreement or an agreement after the dispute arises. The arbitration award is final and binding.
Filing a Lawsuit for Breach of Lease Contract in Vietnam
Filing a lawsuit for breach of a lease contract in Vietnam is the last resort when mediation and negotiation fail. If you need to file a lawsuit, here are the basic steps to follow:
1/ Review Contract Terms: Examine the agreed terms and conditions in the lease contract to clearly identify specific breaches and their legal consequences.
2/ Collect Evidence: Evidence can include copies of the lease contract, payment receipts, correspondence between the parties, and other documents supporting your case.
3/ Consult a Lawyer: Legal advice will help you understand the rights and obligations of the parties under the contract, assess the breach’s severity, and provide suitable dispute resolution methods to best protect your legal rights.
4/ Prepare and Submit a Lawsuit File to the Court: If you have a lawyer, they will assist you in drafting the lawsuit, identifying the competent court, and gathering necessary documents to submit to the court.
5/ Submit the Lawsuit File to the Competent Court: After submitting the valid lawsuit file, you need to pay an advance court fee as notified by the court.
6/ Participate in the Litigation Process: Participate in the court proceedings, including providing statements, offering opinions, answering questions from the judge, supplementing evidence, valuation, mediation, trial sessions, and appeals (if any).
7/ Enforcement of Judgment: After the judgment becomes legally effective, you can file a request for enforcement with the competent enforcement agency to compel the obligated party to comply with the court’s decision.
Filing a lawsuit for breach of a lease contract is a complex and costly process. Therefore, thorough preparation and professional legal support are necessary to ensure the best possible outcome.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
