Required Disclosures for Renting Property in Vietnam

In Vietnam, landlords are required to provide and verify several categories of important information for tenants before and during a rental arrangement. With the Housing Law 2023 taking effect on 1 January 2025, compliance with updated disclosure requirements (Art. 163) not only protects legal interests but also builds trust between landlord and tenant.

Ownership Documents and Right to Lease

Ownership Certificate

Landlords must demonstrate legal ownership of the rental property:

Tenants have the right to request to view the original ownership documents before signing a lease.

Right to Lease

The landlord must confirm:

• The property is not under dispute or seizure
• The property has a designated use compatible with residential rental
• All necessary construction permits are in place (for new builds or renovations)

Fire Safety Compliance

General Requirements

Under the Housing Law 2023, especially for mini-apartments (multi-story buildings with multiple rental units):

1. Fire safety equipment — Fire extinguishers, emergency lights, smoke detectors
2. Emergency exits — Must meet national safety standards
3. Electrical systems — Must meet safety standards with circuit breakers
4. Fire prevention plan — Approved by the competent authority (where required)

Tenant Notification

Landlords must inform tenants about:

• Location of fire safety equipment
• Emergency evacuation procedures
• Building fire safety rules and regulations

Temporary Residence Registration

This is a mandatory obligation and critically important in Vietnam:

For Vietnamese Tenants

• Register temporary residence with the ward police within 30 days of arrival if staying for 30 days or more (Law on Residence 2020, Art. 27)
• The landlord is responsible for cooperating in the registration process

For Foreign Tenants

• Register temporary residence with the ward police within 12 hours of arrival (24 hours for remote/mountainous areas) (Law 47/2014/QH13, Art. 33)
• Provide a copy of passport and visa
• The landlord must notify the immigration authority

Penalties for Non-Compliance

• Failure to register Vietnamese citizens: Fine of VND 500,000 to 1,000,000 (Decree 144/2021/ND-CP, Art. 9.1)
• Failure to register foreigners: Fine of VND 4,000,000 to 6,000,000 for individual landlords (Decree 144/2021/ND-CP, Art. 9.4)

Property Condition

Under Housing Law 2023 (Art. 163), the lessor must provide accurate and truthful information about the housing and is legally responsible for such information. Landlords must disclose:

1. Structural condition — Any issues with structure, cracks, leaks
2. Utility systems — Working condition of electricity, water, air conditioning
3. Repair history — Recent major repairs
4. Neighborhood — Notable issues in the surrounding area
5. Noise/Pollution — Nearby sources of noise or pollution

Utility Costs

Landlords must clearly disclose:

Important: Landlords must charge based on the domestic retail price. If the number of residents is not declared to the utility provider, the landlord must apply the Level 3 retail price (101-200 kWh bracket) to the total consumption (Circular 09/2023/TT-BCT).

Tax Obligations

Landlords must:

• Declare and pay personal income tax on rental income
• Declare value-added tax (if rental revenue exceeds the threshold)
• Inform tenants of any relevant tax obligations

Best Practices for Landlords

1. Prepare all documents — Have copies of ownership documents ready for tenant review
2. Fire safety checks — Ensure fire safety systems are operational before leasing
3. Timely registration — Coordinate with tenants to complete residence registration within the statutory timeframe (12 hours for foreigners in urban areas, 30 days for Vietnamese citizens)
4. Transparent costs — List all costs clearly in the lease agreement
5. Keep permits current — Ensure all relevant permits and licenses remain valid

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