Rental Contract in Nha Trang: Every Clause Explained

A Nha Trang lease must be in writing and carry the items in Article 163 of the Housing Law. It does not have to be notarised unless both sides want it. Ending it early needs at least 30 days' notice, unless you agree otherwise.

By Vincent Nguyen

On this page

What a Nha Trang lease must contain
Who can be the landlord and who can be the tenant
Term and rent clauses
Rent rises and renovations
Handover and the condition of the flat
Repairs: who pays for what
Electricity and water in the lease
Subletting, guests and how you use the flat
Ending the lease early
Who declares your stay to the police
Notarising a lease, and where to do it in Nha Trang
English, Vietnamese or both
Sample clause table
Before you sign
Step by step
Common questions

A Nha Trang lease has to be in writing and carry the items Article 163 of the Housing Law lists.

Hợp đồng về nhà ở do các bên thỏa thuận và phải được lập thành văn bản bao gồm các nội dung sau đây

A housing contract is as agreed by the parties and must be made in writing, containing the following items.

Law on Housing No. 27/2023/QH15, Điều 163

This guide goes clause by clause. The deposit has its own rules, in Rental Deposit in Nha Trang. Listings, brokers and the broad steps are in Renting an Apartment in Nha Trang.

What a Nha Trang lease must contain

The written lease carries these items:

The full name of each individual or the name of each organisation, and the parties’ addresses.
A description of the home and of the land plot attached to it.
The price, if the contract sets one.
The payment term and method.
The time for handing over the home, and the lease term.
Each side’s rights and obligations.
The parties’ commitments and any other agreements.
The date the contract takes effect and the date it is signed.
The signatures and full names of the parties; an organisation also affixes its seal, if it has one, and states the signer’s position.

The effective date and the handover time are two separate items. Fill in both rather than leaving one blank.

If the State sets a price for a lease, the parties follow it. Otherwise the landlord and tenant agree the rent.

Official Gazette page showing the first page of the Law on Housing, with the National Assembly heading, the title and Chapter I on general provisions — The Law on Housing as printed in the Official Gazette, the text the lease rules in this guide are quoted from. Source: Official Gazette listing page for Law No. 27/2023/QH15 (Law on Housing) (opens in a new tab), captured 12 October 2026

A lease follows the Civil Code, the Housing Law and other related law.

Who can be the landlord and who can be the tenant

The person leasing out the flat must meet the conditions on transacting parties set by civil law. A tenant who is an individual must meet those conditions too.

A tenant who is a foreign individual must belong to the class entitled to own housing in Vietnam under the Housing Law. That class includes a foreign individual permitted to enter Vietnam. You are not required to hold residence registration where the flat is.

b) Nếu là cá nhân nước ngoài, người Việt Nam định cư ở nước ngoài thì phải thuộc đối tượng được sở hữu nhà ở tại Việt Nam theo quy định của Luật này và không bắt buộc phải có đăng ký cư trú tại nơi có nhà ở được giao dịch

A foreign individual must belong to the class entitled to own housing in Vietnam under this Law, and is likewise not required to have residence registration where the housing is located.

Law on Housing No. 27/2023/QH15, Điều 161 khoản 2

The flat has to meet conditions as well. A leased home must be safe for the tenant, have electricity, water supply and drainage, and ensure environmental hygiene, unless the parties agree otherwise.

Check three more points before signing:

For time-limited ownership, the home is still within its ownership term.
The home is not distrained for judgment enforcement or an administrative decision, and is not under a court or agency emergency measure.
The home is not under a land-recovery decision, or a notice of clearance or demolition.

A leased home does not need an ownership certificate. So the person you deal with may be an agent rather than the owner. An owner may authorise another person to carry out civil transactions. What that representative does within the authority creates rights and obligations for the owner.

Ask to see the authorisation and write the owner’s name into the lease. If an ownership dispute leaves you unable to use the home stably, you may end the contract and claim damages.

Stone sign with the building name Panorama Nha Trang at the foot of a tower, with a planted bed beside it — The name sign at the foot of an apartment tower.

Term and rent clauses

The landlord and tenant agree the lease term, the rent and whether rent is paid periodically or in one payment. Where the State regulates rent, both sides follow that.

The Civil Code fills the gaps:

Question	What the Civil Code says
Who sets the rent?	The parties, or a third party at their request, unless the law provides otherwise
Nothing agreed on rent?	The market price at the place and time the contract was concluded
How long is the term?	As agreed; with no agreement, set by the purpose of the lease
When is rent due?	On the agreed date; otherwise by local custom, then when the property is returned

Put the end date in the lease. A lease with no fixed term ends 90 days after the landlord notifies the tenant that it is ending.

The tenant pays the full rent on the agreed date, and local custom sets the date if none is agreed.

Missed rent has two thresholds. Where rent is paid by period, the landlord may end the contract if the tenant does not pay for three consecutive periods, unless agreed otherwise. The Housing Law gives the landlord a second ground. The tenant has not paid the agreed rent in full for 3 months or more, without a reason agreed in the contract.

Write in the lease how rent is paid and on which date. That schedule decides which threshold you could trip.

Write the rent in VND

The Ordinance on Foreign Exchange says prices written in contracts and agreements within Vietnam may not be in foreign currency, unless the State Bank allows it. The same rule covers payments, price listings and quotes.

Write the monthly rent in VND, even if you plan to pay a USD equivalent. The consolidated text of 23/09/2026 says this article is repealed by Law 23/2026/QH16 from 1 December 2026. Until that date the article still applies; after it, ask a notary or lawyer what replaces it.

Apartment balcony with black chairs and a glass railing looking over the city rooftops towards the mountains — A balcony view from a high-floor flat in Nha Trang.

Rent rises and renovations

The Housing Law gives the tenant a way out of an unfair rise. The tenant may end the lease if the landlord raises the rent unreasonably, or raises it without the prior notice the contract agreed.

So the lease should say how much notice a rent rise needs, or fix the rent for the whole term.

Renovation is the one case the law spells out. If the landlord renovates the home and the tenant agrees, the landlord may adjust the rent when one third of the lease term or less remains.

The new rent is as the parties agree. If they cannot agree, the landlord may end the lease and must compensate the tenant as the law provides.

Situation	Rule
Rise without the notice the contract agreed	Tenant may end the lease
Unreasonable rise	Tenant may end the lease
Renovation the tenant agreed to, one third of the term or less left	Landlord may adjust the rent
No agreement on the new rent after renovation	Landlord may end the lease and must compensate

Tall tower with glass and golden balconies photographed from below against a blue sky with clouds — A Nha Trang apartment and hotel tower seen from the street.

Handover and the condition of the flat

The landlord must hand over the property in the quantity, quality, type, condition, time and place the parties agreed. The landlord also gives the information needed to use it.

The tenant returns the flat in the condition it was received in, except natural wear and tear, or in the condition agreed. That makes the day of handover the baseline.

List the fittings and their condition in the lease or an annex, and photograph them. Note working electricity, water supply and drainage, since the law expects them in a leased home.

The landlord must guarantee the tenant a stable right to use the property. If a third party restricts that right, the tenant may end the lease.

A handover record also protects the deposit. See Rental Deposit in Nha Trang for how the return and deductions work.

Marble-floored lift corridor in an apartment tower with closed lift doors on the left and a lit aquarium screen at the end — A lift corridor in a Nha Trang apartment tower, the common area your lease and building rules cover.

Repairs: who pays for what

The Civil Code splits repairs between the two sides. The landlord keeps the property usable in the agreed condition for the whole lease and repairs damage and defects. The exception is minor damage that custom makes the tenant repair.

The tenant looks after the property, maintains it and does minor repairs. The tenant pays compensation if it is lost or damaged. The tenant is not responsible for natural wear from using it.

If the landlord was notified and does not repair, or repairs late, the tenant may repair at a reasonable cost. The tenant must tell the landlord, and may ask the landlord to pay the repair cost.

Case	Who acts
Damage or a defect in the flat	Landlord repairs
Minor damage that custom assigns	Tenant repairs
Landlord notified, repairs late or not at all	Tenant may repair at reasonable cost and claim it back
Natural wear from normal use	Tenant is not responsible
Tenant improves the flat with consent	Reasonable costs can be claimed from the landlord

Two limits apply. A tenant who breaks through walls, extends, renovates or demolishes the home on their own initiative gives the landlord a ground to end the lease. And if the landlord does not repair severe damage, the tenant may end the lease.

Get the landlord’s consent before any change, so the improvement clause in the Civil Code applies.

Room with a curtain, a sofa and two chairs on a balcony facing the sea — A furnished flat with a sea-facing balcony.

Electricity and water in the lease

Bills are separate from the rent. The details are in Renting an Apartment in Nha Trang and Landlord Electricity Price in Nha Trang. Three points belong in the lease itself.

For students and workers renting, a lease of 12 months or more with temporary or permanent residence registration lets the landlord sign the electricity contract directly.
A landlord who charges more than the regulated household price for electricity is fined VND 20,000,000-30,000,000.
The landlord must refund the excess, plus interest as agreed in the rental contract.

Write the electricity price you will pay into the lease, and the interest rate if the landlord overcharges.

Aerial view of a white tower beside a long bridge and a bay with a town on the far shore and mountains behind — A tower by the water, seen from the air.

Subletting, guests and how you use the flat

A tenant may sublet if the landlord agrees.

Converting, lending or subletting the home without the landlord’s consent is a ground for the landlord to end the lease. So is using the home for a purpose other than the one agreed.

The landlord may also end the lease if the tenant disturbs public order or environmental hygiene and has been recorded three times without fixing it. The record is made by the landlord or the head of the local residential group.

Name the permitted use in the lease, such as residential use. Ask the landlord in writing before letting the flat on a short-stay site.

Blue sky with large clouds over mountains and the rooftops of Nha Trang seen from a high floor — The city and mountains from a high floor.

Ending the lease early

During the agreed term, the landlord may not unilaterally end the lease and take the home back, except in the cases the law lists.

Grounds for a landlord or a tenant to end a lease early, and the notice that applies.

If the landlord wants to end it

The landlord may end the lease and reclaim the home in these cases:

The tenant does not pay the agreed rent in full for 3 months or more, without a reason agreed in the contract.
The tenant uses the home for a purpose other than the one agreed.
The tenant breaks through walls, extends, renovates or demolishes the home on their own initiative.
The tenant converts, lends or sublets the home without the landlord’s consent.
The tenant disturbs public order or hygiene and has been recorded three times without fixing it.

If you want to end it

The tenant may end the lease if the landlord does not repair severe damage. The same applies to an unreasonable rent rise, a rise without the agreed prior notice, or a right to use the home restricted by a third party’s interest.

Notice

Whoever ends the lease unilaterally gives at least 30 days’ notice, in writing or another form the contract agrees, unless the parties agree otherwise. If breaching this rule causes damage, compensation is owed as the law provides.

Two other endings have their own notice:

A lease with no fixed term ends 90 days after the landlord notifies the tenant.
If the home is severely damaged, at risk of collapse or under a clearance order, the landlord gives at least 30 days’ written notice, except in force majeure.

The lease also ends when the term expires, when the parties agree to end it, or when the leased home no longer exists.

If the owner sells, or someone dies

If the owner transfers the home while the term still runs, the tenant may keep leasing until the term ends. The new owner continues the contract, unless the parties agree otherwise.

If the owner dies, the tenant may keep leasing until the term ends and the heir continues the contract, unless the parties agree otherwise. If the tenant dies, whoever lived with them may keep leasing until the term ends.

Evening view from a glass-railed balcony with a small table, towers opposite and a lit street below — A balcony at dusk in a Nha Trang tower.

Who declares your stay to the police

A foreigner staying in Vietnam temporarily must have the stay declared through the person who runs the accommodation. The declaration goes to the commune, ward or special-zone police, or the police post or station where the accommodation is.

The accommodation must ask you for your passport or international travel document and residence-related papers before agreeing to let you stay. So the person who files is the owner, its legal representative or someone authorised, not you.

In Khanh Hoa the executing body for this procedure is the commune-level police. The procedure is a fully online public service with a processing time of 24 hours or 07 days and no fee. The declaration is made as soon as the foreigner arrives.

A foreigner who does not show a passport or residence papers to the accommodation for the declaration is covered by the fines in Decree 282/2025/NĐ-CP. The same clause covers the accommodation’s own failure to declare 1 to 3 foreign guests.

If you rent a flat from a private landlord, ask who files and when. For a paper declaration, the accommodation delivers the form to the local police within 12 hours of arrival. The full procedure is in Temporary Residence Registration in Nha Trang.

Nha Trang Ward was created from the former Van Thanh, Loc Tho, Vinh Nguyen, Tan Tien and Phuoc Hoa wards. Its People’s Committee is at 42 Le Thanh Ton Street, phone +84 258 3527 610.

Cream-coloured government building with a national emblem above the entrance, flags along the front and a gate in the foreground — The People's Committee of Nha Trang Ward, the office to ask about local registration and mediation.

Other central wards have their own offices. The People’s Committee of Bac Nha Trang Ward is at 422 Hai Thang Tu Street. The People’s Committee of Tay Nha Trang Ward is at 480 Luong Dinh Cua Street.

Yellow-lit building with a small tower on top, red flags on the facade and a street with road signs in front, photographed at night — The same ward office seen from the street after dark.

Notarising a lease, and where to do it in Nha Trang

A lease does not have to be notarised or certified, unless the parties want it. Its effective date is as the parties agree, or the date it is signed if they have not agreed one.

thuê, mượn, ở nhờ, ủy quyền quản lý nhà ở thì không phải thực hiện công chứng, chứng thực hợp đồng, trừ trường hợp các bên có nhu cầu

For a lease, loan for use, letting-stay-for-free or authorised management of housing, notarisation or certification of the contract is not required, unless the parties want it.

Law on Housing No. 27/2023/QH15, Điều 164 khoản 2

A sale, hire-purchase, gift, exchange, capital contribution or mortgage of housing must be notarised or certified. A lease is not on that list.

If both sides want a notarised lease, two notary offices sit in central Nha Trang:

Office	Address and phone
Van Phong Cong Chung Trung Tam	85 Yersin Street, +84 258 3639 505
Phong Cong Chung So 1 tinh Khanh Hoa	13 Hoang Hoa Tham Street, +84 258 3822 512

Notary office with a blue sign above the glass door and a yard full of parked motorbikes in front — A central Nha Trang notary office, where a lease is notarised if both sides want that.

Notarisation is done in Vietnamese. If the person asking uses another spoken or written language, it must be translated into Vietnamese. If you are not fluent in Vietnamese, an interpreter is required.

Shopfront of a notary public office with a large sign, a striped awning and notices posted on the glass — The front of the same notary office on Yersin Street.

English, Vietnamese or both

The sources set a language rule only for notarisation, and it is Vietnamese.

If you want the lease notarised, it needs a Vietnamese version. A bilingual lease covers that. State in the lease which version controls if the two differ.

If a landlord offers only a Vietnamese text, ask for a translation of the clauses on rent, repairs, notice and the deposit before signing.

Night view of lit apartment and hotel towers along a street in Nha Trang — Apartment and hotel towers in central Nha Trang at night.

Sample clause table

Use these rows as a checklist when you read the landlord’s draft. Each row ties to the rule behind it.

Clause	What to check	Rule
Parties	Full names and addresses of both sides
The flat	Description of the home and its land plot
Term	A fixed end date
Rent and payment	Amount, date and whether paid periodically or at once
Rent rise	Prior notice period, or a fixed rent
Handover	Date, condition and a fittings list
Repairs	Who repairs what, and notice to the landlord
Subletting	Written consent from the landlord
Use	Residential use as agreed
Ending early	Grounds for each side and at least 30 days’ notice
Sale or death	Lease continues until the term ends
Dates and signatures	Effective date, signing date, both signatures

Glass entrance of a tower with a long canopy, palm plants and a paved forecourt — The ground-floor entrance of a high-rise, with a long canopy over the doors.

Before you sign

Run through this list on the day you sign:

The lease is in writing and every item above is filled in.
The landlord or the authorised agent is named, and the authorisation is shown.
The home is not distrained and not under a land-recovery decision.
Rent, payment date and rent-rise notice are written down.
The handover condition is recorded and photographed.
Who repairs what is stated, and sublet consent is in writing.
The notice for ending the lease is at least 30 days unless you agree otherwise.
You know who declares your stay and when.

The UK government warns against giving your passport to a landlord as a guarantee. Show the passport for the stay declaration, then take it back.

If a landlord’s electricity bill looks high, the fines and refund rules are in Landlord Electricity Price in Nha Trang. For choosing where to live, see Where to Live in Nha Trang. For your first days, see the First Week in Nha Trang Checklist.

View over Nha Trang from a high floor with apartment towers, low buildings and hills under a cloudy sky — The city seen from a high floor.

Photos and clips uploaded to Google Maps (Panorama Nha Trang apartment tower on Google Maps (opens in a new tab), Muong Thanh Luxury Khanh Hoa tower on Google Maps (opens in a new tab), People's Committee of Nha Trang Ward on Google Maps (opens in a new tab), Van Phong Cong Chung Trung Tam notary office on Google Maps (opens in a new tab)) by @Ty Tiy (Ty), @Trịnh Duy Anh, @Mão Nguyễn Kế (Mike Nguyen), @iFruit iFruit, @Mường Thanh Luxury Khanh Hoa Hotel, @윤미, @Trang Thanh “Hi im B2T” Bùi, @Tuấn Tử Tế GTO Event (Tuấn Tử Tế), @Duong Tran, @Le Thanh Lam, @L C, @하하하, @NCL, @Robi Rossi.

↑ Contents

Step by step

Check the landlord and the flatThe landlord meets the civil-law conditions, and the flat is not distrained or under a land-recovery decision.
Write the contractPut the lease in writing with the items Article 163 lists, including term, rent and signatures.
Set term, rent and paymentAgree the lease term, the rent and whether rent is paid periodically or in one payment.
Agree repairs and noticeState who repairs what, and the notice for ending the lease: at least 30 days unless you agree otherwise.
Decide on notarisingNotarising a lease is not required, unless the parties want it.
Have your stay declaredThe accommodation declares your stay to the ward police after you show your passport.

Not confirmed: Not confirmed for a lease in English alone with a ward office or a court: add a Vietnamese version. Not confirmed whether the ward office is told about the lease itself: ask the People's Committee before you sign.

Common questions

Does a lease in Nha Trang have to be in writing?

A housing contract is as agreed by the parties and must be made in writing, with the items Article 163 lists.

Do I have to notarise a lease in Nha Trang?

Notarising or certifying a lease is not required, unless the parties want it. A sale, gift or mortgage of housing is different and must be notarised or certified.

Can a foreigner sign a lease in Nha Trang?

A foreign individual must belong to the class entitled to own housing in Vietnam, which includes a foreign individual permitted to enter Vietnam. You are not required to hold residence registration where the flat is.

Can my landlord raise the rent during the lease?

You may end the lease if the landlord raises the rent unreasonably, or without the prior notice the contract agreed. After a renovation you agreed to, the landlord may adjust the rent when one third of the term or less remains.

How much notice do I give to end the lease early?

At least 30 days, in writing or another form the contract agrees, unless the parties agree otherwise.

Can the landlord end my lease and take the flat back?

During the agreed term the landlord may not, except in the cases the Housing Law lists, such as 3 months or more of unpaid rent.

What happens to my lease if the owner sells the flat?

You may keep leasing until the term ends, and the new owner continues the contract unless the parties agree otherwise.

Who pays for repairs?

The landlord repairs damage and defects, except minor damage that custom makes the tenant repair. The tenant looks after the flat and does minor repairs.

Who declares my stay to the police?

The person who runs the accommodation declares it to the ward police, after you show your passport and residence papers.

Can I sublet my flat on a holiday rental site?

A tenant may sublet if the landlord agrees. Subletting without consent lets the landlord end the lease.

General information checked against the sources listed above, not legal advice for your situation. Rules and office practice change; confirm with the immigration office or a licensed adviser before you act. See how guides are checked.

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