VIETNAM Law and Practice Contributed by: Tran Thai Binh and Duong Thi Minh Han, LNT & Partners
6.20 Registration Requirements A lease of land-use right and property (houses or con - struction building) must be executed in writing fol - lowing the form provided by law (if any). The lease of land-use right must be registered with the Land Registry and the tenant is entitled to be recorded on the LURC for the lease term, as provided by law. 6.21 Forced Eviction It is not easy to evict a tenant from an estate without a court ruling or order. To do so, the landlord has to bring the case before the court and pursue litigation, which may take a significant amount of time (two to six years). However, the landlord may engage the authorities (representatives from the People’s Committees, the police, etc) to prevent the tenant from entering the property (eg, by changing the locks, re-occupying the property, disconnecting the electricity and water supply), as a result of which the tenant may have to abandon the property. However, such measures are also controversial, and in some cases may constitute A lease can be terminated if the land on which the property is located is subject to land expropriation by the competent authority. See 2.9 Condemnation, Expropriation or Compulsory Purchase . On the other hand, a third party can hardly have rights against a commercial lease interest if it is not a party to the contract, unless the contractual parties agree otherwise, or there is a registered pledge that pre- dates the lease by which the lease can be terminated if the leased property is subject to disposal proce - dures following the settlement of the pledge. If the leased property is the collateral to any pledge, the les - sor as the property owner is required by law to inform the lessee of the same. Otherwise, the lessor may be liable for any damages caused by the non-disclosure. Furthermore, since an owner may own a property on land leased from a landlord, there is a possibility that the landlord may terminate the land lease agreement while the property owner is leasing its property to a third party. In this case, the land lease termination also a legal violation with criminal liability. 6.22 Termination by a Third Party
ditional on the lump-sum payment of rent being made to the state, having obtained the LURC, the land being free from dispute and not distrained by any judgment enforcement (or the dispute must have been settled by dispute settlement authority), with the LUR: a) not being distrained for any judgment enforcement; b) still within the lease term of the state (with at least seven years’ land-use right remaining); c) not subject to interim injunction; and d) with no financial obliga - tion pending. The transfer must be made in writing, notarised and registered. Otherwise, the leasehold title is not assignable. 6.19 Right to Terminate a Lease The landlord has the right to terminate the contract due to: • failure of payment by the tenant within three months after the due date; • the tenant’s insolvency; • the tenant’s use of the leased real estate for the wrong purpose; • the tenant deliberately causing detrimental damage to the leased real estate; • the tenant repairing, improving, upgrading, altering or sub-letting the leased real estate without agree - ment or written consent from the landlord; • the tenant being a nuisance or failing to maintain public hygiene, security, etc, in a way that affects the other residents, and despite warnings from the local authorities; • any other event agreed by the parties. The tenant has the right to terminate the contract if the landlord: • fails to repair real estate which does not meet the safety requirements for use, or which causes harm/ damage to the tenant; • increases the rent at an unreasonable rate; • limits the tenant’s right of use while limiting the rights of a third party; • if there is any breach of representation and warran - ties by the landlord in respect of the real estate; or • any other event agreed by the parties.
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