Vietnam Commercial Eviction Process: Termination & Disputes
Guide to the commercial eviction process in Vietnam including termination grounds, notice periods, arbitration, and court proceedings.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.
Commercial lease termination and eviction in Vietnam are primarily governed by the Law on Real Estate Business 2023 (No. 29/2023/QH15) and the Civil Code 2015 (No. 91/2015/QH13). While the Civil Code provides general contract principles, the Law on Real Estate Business is the specific (lex specialis) legislation governing commercial property leasing. The process is resolved through negotiation, arbitration, or the courts.
Grounds for Commercial Lease Termination
Commercial Eviction Process in national
Issue Breach Notice
Serve a formal written breach notice specifying the default and cure period.
Allow Remedy Period
Give the tenant opportunity to fix the breach within the specified time.
Terminate Lease
Issue a termination notice at least 30 days in advance (unless otherwise agreed) if the breach remains unresolved.
Court Action
Apply to People’s Court (Tòa án Nhân Dân) or Arbitration for a possession order if the tenant refuses to vacate.
Under Article 27 of the Law on Real Estate Business 2023, a lessor has the right to unilaterally terminate the lease agreement if the lessee commits any of the following:
Notice Requirements
A party unilaterally terminating a commercial lease must provide notice to the other party. According to Article 27.2 of the Law on Real Estate Business 2023, the statutory notice period is at least 30 days in advance, unless the parties have agreed to a different notice period within the contract.
Additionally, under Article 428 of the Civil Code 2015, a party has the right to unilaterally terminate a contract without paying damages if the other party commits a 'serious breach' of obligations, provided that the terminating party immediately notifies the other party.
Common Misconceptions in national
Don't fall for these common myths. Know what the law actually says.
"A commercial landlord in Vietnam can lock out a defaulting tenant without legal process."
Landlords must follow the contractual and legal eviction process. Self-help measures such as lockouts are not legally recognized and may result in liability for the landlord regardless of the tenant’s default.
Dispute Resolution Methods
Commercial Arbitration
Most major commercial leases include an arbitration clause, preferred because:
- Faster than court proceedings
- Business information remains confidential
- Awards are enforceable
Popular arbitration centers:
- VIAC — Vietnam International Arbitration Centre
- SIAC — Singapore International Arbitration Centre
Court Proceedings
- People's Court at district or provincial level
- Applied when no arbitration clause exists. If the tenant refuses to vacate after lawful termination, the landlord must file a lawsuit to obtain an enforceable possession order.
Break Clauses
Commercial leases should clearly specify:
- Early termination rights for each party
- Break penalties
- Notice requirements
- Reinstatement obligations for the premises
Best Practices
- Comprehensive contracts — Define every termination scenario clearly in accordance with the Law on Real Estate Business 2023.
- Arbitration clause — Prefer arbitration for faster resolution.
- Written notice — Always maintain documented evidence of the 30-day notice period.
- Legal counsel — Consult a lawyer before terminating any lease.
How Landager Helps
Landager keeps the rent ledger for each Vietnam commercial tenancy: every charge, every payment you record and the number of days each balance has been outstanding. Past-due reminders only reach a tenant after you confirm the first notice, and every email is logged with its date, so when a case reaches a judge or tribunal you have the payment history and the communication trail in one export.
Back to Vietnam Commercial Property Overview.
Frequently Asked Questions: National Commercial Eviction Process FAQ
Under Article 27.2 of the Law on Real Estate Business 2023, the statutory notice period for unilateral termination is at least 30 days, unless the parties have agreed upon a different notice period in the contract.
Yes. If a tenant believes the eviction is unlawful, they can apply to People’s Court (Tòa án Nhân Dân) for an injunction to halt proceedings while the dispute is determined.
Sources & Official References
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Frequently Asked Questions
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Lease agreements in Vietnam must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
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Read the complete guide▶What are the late fee and penalty rules for rental properties in Vietnam?
Vietnam has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Vietnam?
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