Vietnam Commercial Security Deposits: Regulations and Market Practices
Guide to commercial security deposit regulations in Vietnam including typical amounts, bank guarantees, refund conditions, and risk management.
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 security deposits in Vietnam are governed by the Civil Code 2015 and the Law on Real Estate Business 2023. For existing commercial properties, deposits are governed by the principle of freedom of contract (Article 328, Civil Code 2015), and there is no statutory cap. However, for commercial construction works to be formed in the future, Article 23, Clause 5 of the Law on Real Estate Business 2023 (effective 1 August 2024) limits the deposit to no more than 5% of the selling or lease-purchase price.
Typical Commercial Deposit Amounts
Commercial Bond Process in national
Negotiate Bond
Agree on bond type and amount during commercial lease negotiations.
Collect Security
Receive bank guarantee or cash bond before tenant takes possession.
Hold During Tenancy
Keep the bond securely for the full commercial tenancy duration.
Release or Claim
Return bond at lease end if no outstanding obligations, or make claims for documented breaches.
Essential Lease Provisions
Commercial lease agreements must clearly specify:
- Deposit amount — Exact sum in VND
- Interest on deposit — Whether the deposit earns interest
- Deposit increases — Whether the deposit adjusts when rent increases
Common Misconceptions in national
Don't fall for these common myths. Know what the law actually says.
"The residential deposit cap in Vietnam limits commercial security deposits too."
Commercial deposits for existing properties are freely negotiated. However, under the Law on Real Estate Business 2023, a 5% cap applies to deposits for construction works to be formed in the future.
- Return timeline — Typically 30-90 days after lease termination
- Permitted deductions — Repairs, unpaid rent, contract breaches
- Bank guarantee option — Whether a bank guarantee may substitute for a cash deposit
Bank Guarantees
In major commercial transactions, tenants may offer a bank guarantee instead of a cash deposit:
- A bank issues a standby letter of credit to the landlord
- The landlord can claim against the guarantee if the tenant breaches
- Common for Grade A offices and large retail spaces
- Preferred by multinational tenants
Best Practices
- Detailed provisions — Spell out all deposit conditions clearly
- Condition survey — Document property condition at handover
- Insurance requirement — Require tenant property insurance
- Credit assessment — Evaluate the tenant's financial capacity before signing
How Landager Helps
Landager records the deposit you hold for each Vietnam commercial lease next to the lease itself: the amount, the date it was received and the move-out date that starts the return deadline. Move-out photos and the itemised deduction statement live with the tenant’s documents, and the expense log keeps the repair invoices you deduct, so a deposit dispute starts from a dated record instead of memory.
Back to Vietnam Commercial Property Overview.
Frequently Asked Questions: National Commercial Security Deposits FAQ
For existing properties, bonds typically range from 3–6 months’ rent. However, for properties to be formed in the future, Article 23 of the Law on Real Estate Business 2023 limits the deposit to 5% of the lease-purchase price.
Yes. Personal guarantees from directors or principals are common in commercial leases, particularly for small businesses or startups with limited credit history.
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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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