Vietnam Commercial Eviction Process: Termination & Disputes

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Guide to the commercial eviction process in Vietnam including termination grounds, notice periods, arbitration, and court proceedings.

Melvin Prince
4 min read
Verified May 2026Vietnam flag
Commercial-evictionVietnamLease-terminationArbitrationDispute-resolution

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.Information last verified: May 2026.

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

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:

GroundDescription
Non-payment of rentFailing to pay rent for 03 consecutive months or more from the payment due date without the lessor's consent
Unauthorized useUsing the property for purposes other than those agreed upon in the contract
Property damageIntentionally causing serious damage to the leased property
Unauthorized subletting/repairRepairing, improving, or subleasing the property without the lessor's prior written consent
Material breachA 'serious breach' of obligations (Article 428, Civil Code 2015)
Lease expirationContract expires without renewal

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.

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

  1. Comprehensive contracts — Define every termination scenario clearly in accordance with the Law on Real Estate Business 2023.
  2. Arbitration clause — Prefer arbitration for faster resolution.
  3. Written notice — Always maintain documented evidence of the 30-day notice period.
  4. Legal counsel — Consult a lawyer before terminating any lease.

How Landager Helps

Landager helps manage contract milestones, generate termination notices, and store legal records — ensuring your commercial eviction process follows proper legal procedures.

Back to Vietnam Commercial Property Overview.

Sources & Official References

Frequently Asked Questions

What are the key landlord-tenant laws in Vietnam?

Vietnam\'s residential rental sector is governed by the Housing Law 2023 (effective Jan 1, 2025) and the Civil Code 2015. 2026 marks a period of strict enforcement for fire safety standards across multi-unit dwellings. This guide covers the essential compliance requirements for property owners and landlords.

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What is the legal eviction process for landlords in Vietnam?

The eviction process in Vietnam requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.

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What are the rent increase limits and caps in Vietnam?

Vietnam has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.

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What are the security deposit rules and return deadlines in Vietnam?

Vietnam has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.

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What are the mandatory lease requirements in Vietnam?

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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What are the landlord maintenance and repair obligations in Vietnam?

Landlords in Vietnam are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.

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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.

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What property disclosures are landlords required to make in Vietnam?

Landlords in Vietnam must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.

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