Statutory Compliance Engine · 2023 Housing Law & Civil Code 2015

Vietnam Lease Risk & Red Flag Auditor

Audit your residential tenancy agreement in 3 minutes. Test 10 high-risk contractual dimensions against Vietnam's 2023 Housing Law, Civil Code 2015, and SBV foreign exchange rules. Receive an instant institutional risk score and copyable bilingual protective addenda.

Questionnaire Progress 0 / 10 Answered (0%)

Civil Code 2015 Art. 472 & Civil Procedure Code

Language & Governing Jurisdiction of the Contract

How is your rental agreement drafted and structured regarding language versions?

Dual-column bilingual contract (English & Vietnamese side-by-side)

Both language versions have equal legal validity or explicitly defined mediation procedures (+10 pts)

English only (No official Vietnamese text)

Requires certified translation in court/police disputes; risks unfavorable local interpretation (+4 pts)

Vietnamese only (Tenant receives no English copy)

High risk of unverified indemnities, hidden penalties, and unread landlord covenants (+2 pts)

Verbal agreement / WhatsApp chat only (No formal written contract)

Legally unenforceable under Housing Law 2023 Art. 163; zero statutory protection (0 pts)

SBV Circular 32/2013/TT-NHNN & Decree 88/2019 Art. 23

Currency Denomination & Foreign Exchange Rules

How is the rental rate stated and paid in the agreement?

Strictly fixed in Vietnamese Dong (VND), with optional USD reference rate

100% compliant with State Bank of Vietnam regulations; zero contract invalidity risk (+10 pts)

Stated in USD, but converted to VND at bank selling rate on payment date

Common among private landlords, but technically skirts SBV rules; exposes tenant to FX volatility (+5 pts)

Quoted strictly in USD, payable exclusively in USD cash or offshore wire

Illegal under SBV foreign exchange ordinance; contract risks nullity and ₫20M–₫100M administrative fines (0 pts)

Civil Code 2015 Art. 328 & Art. 357

Security Deposit Refund SLA & Interest Penalty

What is the contractual timeline and mechanism for returning your security deposit?

Explicit 7 to 14 calendar day refund SLA via bank wire with late fee clause

Clear bank transfer deadline; late penalty enforces prompt return after handover (+10 pts)

30-day refund window or conditioned on finding a replacement tenant

Excessive timeline; tying deposit return to subsequent re-leasing is an unfair trap (+4 pts)

Vague / open-ended wording ("after inspection and bill clearing" with no days specified)

Landlords routinely withhold funds indefinitely when no explicit calendar cutoff exists (+1 pt)

Stipulated as "non-refundable" or subject to unilateral landlord forfeiture

Severe financial trap; complete lack of escrow protection (0 pts)

Civil Code 2015 Art. 477 & Art. 479

Maintenance, Repairs & Fair Wear and Tear

Who is contractually liable for property maintenance, appliance repairs, and move-out repainting?

Minor repairs capped (≤₫1,000,000); Landlord covers HVAC/structural; wear & tear excluded

Civil Code standard: landlord maintains core premises while tenant only covers small consumables (+10 pts)

Landlord covers "major repairs" but tenant has no monetary ceiling on minor fixes

Ambiguity invites disputes over whether failing electronics constitute "minor" or "major" (+4 pts)

Tenant liable for all repairs, AC servicing, plumbing, and full repainting upon exit

Violates Civil Code Art. 477; unfairly shifts landlord capital depreciation to tenant (0 pts)

Civil Code 2015 Art. 428

Diplomatic Break Clause & Job Relocation

Does your contract permit early lease termination if you are transferred abroad or lose your work permit?

Full Diplomatic Break Clause included (30–60 days notice with 100% deposit refund)

Standard expat safeguard for job repatriation, visa revocation, or corporate relocation (+10 pts)

Early termination allowed with 60 days notice, but incurs 1 month deposit penalty

Moderate protection; tenant sacrifices 1 month capital but avoids total forfeiture (+5 pts)

No early termination permitted; breaking lease causes 100% deposit forfeiture

High financial exposure for expats whose stay depends on employment or visas (0 pts)

Law on Housing 2023 Art. 160 & Art. 163

Landlord Ownership Title Diligence & Pink Book (Sổ Hồng)

Have you verified the landlord's legal ownership authority against official government registers?

Verified Pink Book matching Landlord ID; all co-owners signed or provided notarized POA

100% verified legal capacity under Housing Law 2023; zero sublease fraud risk (+10 pts)

Authorized master tenant / sublessor with written notarized consent from registered owner

Acceptable for serviced operators, provided primary head lease is notarized and unexpired (+6 pts)

Agent or landlord refuses Pink Book / claims title is with bank or in probate

Critical red flag: "Phantom landlord" scam risk leading to police eviction without deposit return (0 pts)

Decree 95/2024 Art. 42 & Law on Foreigners Entry

Police Temporary Residence (Tạm Trú) Registration

Does the contract legally obligate the landlord to register your temporary residence with local police?

Landlord warrants online registration within 12–24h and provides stamped/electronic slip

Fully protects your TRC and Work Permit renewals with immigration authorities (+10 pts)

Landlord promises verbally, but no written covenant or deadline in the lease

Delays frequently lead to visa issues and impromptu police inspections (+4 pts)

Landlord refuses to register or demands extra cash / tax compensation from tenant

Violation of Decree 95/2024; subjects tenant to police fines and TRC cancellation (0 pts)

Decree 17/2022/NĐ-CP Art. 12 & MOIT Tariffs

Electricity Metering & Utility Surcharges

How is electricity consumption calculated and billed to you each month?

Direct EVN invoice via customer code, or sub-meter billed strictly at MOIT 6-tier rates

Official rates (1,893–3,302 ₫/kWh + 8% VAT); zero markup (+10 pts)

Fixed flat rate around ~3,000 to 3,500 ₫/kWh agreed in the contract

Common in private studios, but costs more than lower EVN tiers for moderate users (+5 pts)

Flat rate of 4,000 to 5,000+ ₫/kWh or arbitrary building utility markups

Administrative offense under Decree 17/2022/NĐ-CP Art. 12 (landlord subject to ₫20M–₫30M fines) (0 pts)

Law on Housing 2023 Art. 163

Move-in Handover Inventory Minute (Biên Bản Bàn Giao)

Does the contract mandate a joint physical inspection and photo-documented inventory record?

Bilingual Handover Minute signed within 48h with itemized photos and meter readings

Incontestable defense against unfair move-out damage claims (+10 pts)

Simple text list of furniture without photographic condition records

Proves item existence but fails to record pre-existing scratches, scuffs, or wear (+4 pts)

No handover minute required; contract states tenant accepts premises "As-Is"

Classic trap: landlords shift past tenant damage onto your security deposit (0 pts)

Civil Code 2015 Art. 472

Tenant Quiet Enjoyment & Landlord Entry Notice

How does the agreement protect your domestic privacy and govern landlord access?

Landlord must provide 24–48h prior written notice, accompanied by tenant

Respects constitutional privacy; unannounced visits strictly barred except in emergencies (+10 pts)

Landlord gives verbal notice before visits

Lacks written trail; leads to inconvenient impromptu entries (+4 pts)

Landlord retains keys and enters anytime without notice for inspections or showings

Critical violation of tenant possession rights and quiet enjoyment (0 pts)

Composite Contract Risk Score

0 out of 100

Awaiting Audit Answers

Answer the 10 contract dimensions on the left to evaluate your lease against statutory tenancy protections under the 2023 Housing Law.

Compliant Clauses (≥8 pts) 0 / 10

Deficient Clauses (<8 pts) 0 / 10

Deposit Forfeiture Risk Evaluating

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Key Vietnam Tenancy Statutes

· Law on Housing 2023 (Art. 160 & 163): Mandates written lease agreements, pink book capacity, and handover documentation.
· Civil Code 2015 (Art. 477): Landlord is strictly liable for structural repairs and core system maintenance.
· Decree 17/2022/NĐ-CP (Art. 12): Fines landlords ₫20M–₫30M for charging higher than official EVN electricity rates.
· Decree 95/2024: Mandates online police temporary residence registration within 24 hours of tenant move-in.

Tailored Contract Annex

Generated Protective Addendum Clauses (Phụ Lục Hợp Đồng)

Present these standard bilingual clauses to your landlord or real estate agent to cure identified lease deficiencies before signing.

Complete the questionnaire above. Customized protective clauses will appear here for any clause scoring below 8 points.