Vietnam Maintenance Obligations: Landlord and Tenant Responsibilities

In Vietnam, maintenance obligations for rental properties are divided between landlords and tenants under the Civil Code 2015 (effective 1 January 2017) and the Housing Law 2023 (effective 1 August 2024). Understanding each party's responsibilities helps prevent disputes and maintain the property's value.

Division of Responsibilities

Landlord Obligations

Major Repairs

Landlords are responsible for all repairs related to:

• Load-bearing structures (walls, columns, beams, floors)
• Main electrical systems
• Main water supply and drainage
• Roofing and waterproofing
• Natural wear and tear of originally provided equipment

Under Article 174, Clause 2(c) of the Housing Law 2023, the lessor is obligated to maintain and repair the house as agreed in the contract. If the lessor fails to maintain or repair the house, causing damage to the lessee, the lessor must provide compensation.

Delivery in Proper Condition

Under Article 477 of the Civil Code 2015, landlords must:

• Ensure the leased property is in the agreed condition and suitable for the purpose of the lease for the entire term.
• Repair all damage and defects, except for minor damage which the lessee must repair according to custom.
• Not interfere with the tenant's lawful use of the property.

Fire Safety (Housing Law 2023)

Under Article 57 of the Housing Law 2023, individuals constructing multi-story, multi-apartment houses (mini-apartments) must meet strict fire prevention and fighting (PCCC) requirements. For buildings with 20 or more apartments, the owner must meet the same standards as a commercial housing project developer.

Tenant Obligations

Property Preservation

Under Article 479 of the Civil Code 2015, the lessee must:

• Preserve the property and use it for the intended purpose.
• Maintain cleanliness and order.
• Notify the lessor promptly of any damage discovered.
• Do not make repairs or modifications without landlord consent.

Damage Compensation

Tenants must compensate the landlord if they:

• Cause damage beyond normal wear and tear.
• Misuse the property resulting in damage.
• Fail to report issues in a timely manner, causing further damage.

Additionally, under Article 478, Clause 3 of the Civil Code 2015, the lessee is responsible for repairing small damage to the leased property.

Repair Request Process

1. Tenant notifies — In writing or by message (retain evidence)
2. Landlord inspects — Assesses the actual condition
3. Agreement on solution — Who repairs, who pays, timeline
4. Repairs completed — Within a reasonable timeframe
5. Acceptance — Both parties confirm completion

Best Practices for Landlords

1. Regular inspections — Schedule quarterly or semi-annual property checks
2. Prompt responses — Address repair requests in a timely manner
3. Preventive maintenance — Service equipment before it breaks down
4. Keep records — Document all maintenance activities
5. Clear contracts — Explicitly allocate responsibilities in the lease

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