Headlines 28/09/2024 16:00 CH

Lease terms of houses under public ownership not used for residential purposes in Vietnam

Phương Trâm

On August 23, 2024, the Government of Vietnam promulgated Decree No. 108/2024/ND-CP on the management, use, and utilization of houses and land under public ownership not used for residential purposes assigned to organizations in charge of managing and trading local houses for management and utilization.

Lease terms of houses and extension of lease terms of houses under public ownership not used for residential purposes

- A lease term is up to 5 years.

Where the house lease concerns houses and land prescribed in Point b Clause 1 Article 1 of Decree No. 108/2024/ND-CP , the lease term is up to 3 years.

In case of lease term extension under Clause 2 Article 12 of Decree No. 108/2024/ND-CP , the extended period shall not exceed the previous lease term.

- Lease term extension

+ The extension of lease terms shall apply in cases where lessees wish to continue leasing houses while using the houses or land for proper lease purposes, paying rent adequately and punctually, and fulfilling other obligations under contracts concluded with organizations managing and trading houses during their lease or use.

Procedures for auctioning or listing prices are not required during the extension of lease terms.

Where the State wishes to use houses or land currently on lease for other purposes or allocated to agencies, organizations, and units prescribed in Clause 2 Article 20 of Decree No. 108/2024/ND-CP for temporary use or handling under the law, the lease term extension shall not be carried out.

+ At least 3 months before the expiry date of a house lease contract, the lessee wishing for an extension shall send a written document to the organization managing and trading houses.

Regarding a house lease contract with a term of less than 3 months, at least 1 month before its expiry date, the lessee wishing for an extension shall send a written document to the organization managing and trading houses.

+ Within 15 days after receiving the written document from the lessee, the organization managing and trading houses shall consider issuing a decision to extend or refuse to extend the house lease term and notify the lessee of such decision.

+ Where the lease term extension is approved, the organization managing and trading houses and the lessee eligible for the lease term extension shall sign the appendix of the house lease contract.

The lease prices shall be determined following the house lease price schedule (including cases where adjustments are required if the land prices issued by provincial People's Committees under land laws of housing establishments or land with houses on lease are subject to changes) effective as of the extension.

See more details in Decree No. 108/2024/ND-CP of Vietnam, effective as of October 15, 2024.

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Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to info@thuvienphapluat.vn.

 

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