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APARTMENT
RENTAL GUIDE
0904 615 855www.pmcweb.vn
IN VIETNAM
www.facebook.com/pmcweb.vn
CONTENTS
OVERVIEW
BEFORE YOU START
SEARCH FOR YOUR PROPERTY
CHOOSE A SOLICITOR
CHOOSE A PROPERTY
NEGOTIATE
SIGN THE CONTRACT
MOVE IN AND SET UP
DURING YOUR STAY
EXTEND THE TENANCY
AT THE END OF THE TENANCY
APPENDIX
03
09
31
34
37
43
50
64
69
77
80
83
1.1 Who Is This Guide For?
1.2 Different Property Types You Can Rent In Vietnam
OVERVIEW
01
03
As a full-service third-party advisor, PMC provides flexible
and effective brokerage and management services that will
maximize the value of your real estate assets.
We appreciate that you have choices when it comes to decid-
ing on a partner for your project, but we believe that PMC
is uniquely qualified in our field to provide you with real
world solutions.
ABOUT
Experience:
As a multi-capable real estate company, PMC is
a large firm in residential apartments, retails,
offices, mix-used communities, adaptive reuse
projects and sustainable properties.
Relationships:
Our board of managers have entrusted by both
private and government sector, built many strong
and stable relationships with developers and cus-
tomers.
Expertise:
We implement that strategy across multiple prop-
erty types, from mixed-use communities to tran-
sit-oriented developments, retail centers, offices
and apartments.
04
Property Management: Apartments, Offices,
Shopping Malls & Hotels.
Facility Management: Technical Services,
Property Assessment & Risk Assets, Finan-
cial Management
Brokerage Services: Commercial & Office
Leasing, Residential Leasing & Purchasing,
Site Acquisition, Marketing for Projects.
Real Estate Consulting Services.
Corporate Real Estate Services.
Find more about our management capability
and what PMC can do for you.
Our servicesfor residential buildings:
Marketing & Leasing
Housekeeping
Maintenance & Repairs
Administration & Accounting
Pest Control
Landscape Maintenance
Baby Sitting
Airport Transfer & Taxi
Travel Booking
Insurance Cover
Laundry
Home Doctor
Personal Security
Delivery
Legal Advisory
Home Moving
Fitting-out Management
Home Design
Grocery Shopping
Pet Care
Car Rentals
05
Every year, more and more expats are coming to
Vietnam to live, work and enjoy their lives here. As
a foreigner, there is so much to adapt to - cultures,
languages, climates – and so much more that it can
be overwhelming. Even something that is usually
straightforward, like property renting, can be quite
frustrating at times - perhaps you are unfamiliar
with the ways in which Vietnamese real estate
agencies conduct business or the terms of the con-
tract are difficult to understand.
1.1 Who Is This Guide For?
The purpose of this guidebook is to
explain how a foreigner can rent a
property, especially condominiums
and apartments. Please use this
guidebook as a reference when rent-
ing property and living in Vietnam.
06
1.2 Different Apartment
Types You Can Rent In
Vietnam
Apartment buildings are classified into different catego-
ries to determine the value of the apartment buildings
when managing them or putting them onto the market.
According to Article 5, Degree No.31/2016/TT-BXD,
the criteria for classification of apartment include:
The higher level the apartments is, the
higher the apartment’s quality and
more variety services are. Therefore,
the cost of a serviced apartment will be
higher than that of others.
Architecture criteria;
System- device criteria;
Service- society system criteria;
Quality, management & operation criteria.
07
A fully furnished apartment available
for short-term or long-term stay, pro-
viding hotel-like amenities such as
housekeeping, fitness center, laundry
service and where most taxes and
utilities are included within the rental
price. Most of them are equipped
with full kitchens, Wi-Fi and in-apart-
ment washers and dryers.
Serviced
Apartment
08
BEFORE
YOU START
02
09
Before you actively start searching for apartments
and setting up appointments, you’ll need to figure
out a few details. Your pre-search tasks should
include:
By figuring these things out beforehand you will be
able to narrow your search so you can stay focused
and not be overwhelmed during your search.
Management company Furniture
PetsAmenities Service
Design
Size Ideal location Community
Purpose Visa type Budget range
10
Obviously, the reason for your trip
will affect your choice of where
to stay. If you are on a business
trip then your priority would be
privacy, quiet surroundings, and
good Internet connection. Vaca-
tioners might prefer somewhere
more crowded and stimulating in
an eye-catching and active set-
ting. So, the first step is figuring
out what you need or want to do
on your trip in order to decide
where to stay.
2.1 PURPOSE
11
Foreigners who want to rent apartments in Vietnam must meet
the requirements set at Point B, Item 2, Article 119, of the 2014
Housing Law and Article 74 of Decree 99/2015/NĐ-CP on
guideline for the 2014 Housing Law, as follows:
Foreign organizations or individuals who
invest in housing projects in Vietnam must
possess valid investment certificate at the
time of housing transactions and must have
apartments/houses built in the project.
Businesses with foreign investment, represen-
tatives of foreign businesses, foreign invest-
ment funds and branches of foreign banks
operating in Vietnam must have valid invest-
ment certificate or other documents issued by
the competent authorities of Vietnam for
legal operation in Vietnam at the time of
housing transactions.
Foreign individuals permitted to enter Viet-
nam must have valid passport that bears the
entry seal of the Immigration authority and is
not given diplomatic immunity and privileges
Not required to have temporary registration or
permanent registration in the place where the
property is.
Having full legal capacity to establish and exer-
cise civil rights to perform housing transactions in
accordance with the laws of Vietnam.
Must be eligible to own houses in Vietnam in
accordance with the Housing Law of 2014:
12
Must be eligible to own houses in
Vietnam in accordance with the
Housing Law of 2014.
Must have the function of providing
real estate services and currently
operate in Vietnam in accordance
with real estate business laws if
authorized to manage houses
Foreigners renting houses in Vietnam must meet
the regulations under Item 3, Article 119 of the
Housing Law of 2014 and Article 74 of Decree
99/2015/NĐ-CP on guidelines on the Housing
Law, which include:
13
Depending on the purpose that
you declared, you will get the
corresponding type of visa
with fixed validation duration.
Visa validation duration does
not affect rental duration and
property types you can rent,
because you can offer to
extend your visa validation
duration. Otherwise, when
negotiating a duration term in
the rental contract, you still
need to consider visa valida-
tion duration and the ability of
extending visa duration to
avoid any disputes over leasing
duration.
2.2 VISA TYPE
According to Article 8 of the
2014 Law on entry, exit, tran-
sit, and residence of foreigners
in Vietnam, there are 20 types
of visas, valid from 30 days to
05 years.
14
There are 02 ways to extend visas:
To extend visa at the Immigration Depart-
ments, foreigners can proceed to one of the
following addresses:
Hanoi: 44 - 46 Tran Phu street, Dien
Bien, Ba Dinh district
HCM city: 196 Nguyen Thi Minh
Khai, Ward 6, District 3
Da Nang: 78 Le Loi, Thach Thang,
Hai Chau, Da Nang550000
(01) requiring the support of an agency
(02) working in person with the Immi-
gration Department or the Immigration
Offices at provincial or city police
departments.
15
Legal documents of the business
Labor contract and temporary
residency certificate provided
by local police department (for
employees)
Investment certificate and intro-
duction letter from the employer
(for employer)
Temporary residency certificate
provided by police department
of the area where the foreigners
are residing in Vietnam
To extend visa, prepare the following
documents:
Original passport
Application form for Vietnamese
visa and temporary residence
extension (NA5) as stipulated
Circular 04/2015/TT-BCA regu-
lating specimen papers concern-
ing foreigners entering, leaving
and residing in Vietnam
For workers, investors and businesses,
the following documents are also
required:
16
At this point you need to take a look
at your needs and figure out what
size apartment you want to rent.
Do you only need a studio apart-
ment?
One, two or three bedrooms?
One, two or three bathrooms?
The answer to this question will be
highly dependent on your unique
situation and how many people you
plan to live within the rental.
Keep in mind, larger apartments and
more occupants will increase the
utility usage significantly, so make
sure you budget accordingly.
If you like flexibility and more
space, consider a condo or apart-
ment.
If you like privacy and good service,
look for a serviced apartment.
2.3SIZE
17
Setting a budget range is the most important step when starting out your search
for a property to rent. The more crowded the area is, the higher the cost will be.
You need to figure out how much you can afford to pay each month in rent and
utilities. Specifically, the expenses might include:
2.4BUDGETRANGE
Rent: Including the building management fee and
taxes (about $300 - $400 per month for a fully-fur-
nished one-bedroom apartment in the city
center).
Utility bills: Water bill, Electricity bill, Internet,
Cable TV, etc. (usually, these cost about $64.8 per
month for a person to live in urban areas like
Hanoi or Ho Chi Minh City).
Agency fee: If you use an agency, be aware of the
fees they charge.
Service charges: The landlord or building man-
agement might offer you some additional services
such as laundry, housekeeping or breakfast.
Other living expenses: The price of food, cost of
transportation or any other amenities outside of
the building should be figured into your plan as
well. You can find out more online about the cost
of living in specific cities to aid you in creating a
budget.
18
Property managers and landlords are
advised to accept rental applicants whose
monthly rental payment would be equal
to 30 percent of their monthly income.
You should also care
about the less tangi-
ble aspects like envi-
ronmental quality,
security and fire
safety, satisfaction
and community
atmosphere. Those
might not directly
affect your budget,
but over time these
factors may influence
your quality of life
and physical and
mental health, lead-
ing to possible finan-
cial consequences.
19
2.5
IDEAL
LOCATION
The location of your apartment will great-
ly impact your day-to-day life. A location
in close proximity to places that you visit
often can have many perks. This will
decrease your commute which will not
only save you money on transportation
costs but will also save your precious time.
With these factors in mind, select your
ideal locations and a few potential
backup locations and target these areas in
your search.
20
You should take into account all of your needs in priority
order when searching for a property and select a few
potential locations. Here are some places which should
be available in your area.
Workplace
School
Supermarket
Public transportation
Pharmacy
Restaurant
Nearby parks
Cafes
Nightlife
Movie theaters
Swimming pools
Fitness clubs
21
Someone once said:
“The need for connec-
tion and community is
primal, as fundamental
as the need for air,
water or food.” And for
foreigners, that need
for a good community
with a blended culture
is the key to enjoying
your new life. Now, in
Vietnam, especially in
large cities like Hanoi
2.6
COMMUNITY
Many of the expats living in Vietnam
are young, single professionals or cou-
ples who have moved to experience
living abroad and are using Vietnam as
a base from which to explore Asia.
Living in a different country with dis-
tinct cultures means you have countless
opportunities to experience something
you have never experienced.
or Ho Chi Minh, there are a lot of multi-cultural buildings with Japanese,
Korean, Western, and Vietnamese residents. And you can easily choose
a building that matches your lifestyle with just a little time and research.
22
The management compa-
ny plays an important role
in maintaining and caring
for the developer’s proper-
ty while increasing the
value of the assets. More-
over, providing good prop-
erty management to ten-
ants significantly improves
their quality of life.
A professional property
management company can
assure that they will
always be available and be
able to meet tenants’
needs.
2.7
PROPERTY MANAGEMENT
COMPANY
23
2.8
DESIGN
Firstly, you should consider the
design of the building. An intel-
ligent building design can
reduce energy consumption,
promote healthy habits, and
influence on living quality. You
should consider:
- Building setback
- Communal open spaces
- Sun-exposure and/or shaded
areas in the communal outdoor
space
- Landscaping
- Building entry and circulation
- Noise levels
- Energy efficiency
- Waste and Recycling
- Integrated water and storm
water management
24
Secondly, the property
design is also what you
should consider. As men-
tioned above, your purpose
will make an impact on your
decisions. Soundproof apart-
ment walls can be a good
choice for business trips;
floor to ceiling windows with
lots of natural light or a bal-
cony with panoramic city
view can give you peace of
mind after returning home
from a hard-working day.
The separation of areas such
as living room, dining room
and bedrooms should also be
a consideration. You may not
want the noise from the
living room or food odors
from the kitchen to affect
your bedrooms.
- Functional layout
- Room depth
- Windows
- Storage
- Natural ventilation
- Private open spaces
- Accessibility
Try to choose a place that
feels like your own pri-
vate, comfortable nest.
You should consider:
25
2.9
FURNITURE
If you have just moved to this
country, you will need a
fully-furnished property where
you can quickly settle down.
In this case, paying attention
to furniture’s condition and
maybe the brand-name is
quite necessary.
However, you still might find
some semi-furnished or
unfurnished properties so that
you can decorate the apart-
ment yourself. There are
diverse styles for you to
choose from such as classic,
retro, vintage, Scandinavian,
minimalist, luxury, etc. Your
furniture style is fully contin-
gent upon your tastes.
26
If you want to spend time working or travel-
ing around rather than doing housework, you
should find a property whose landlord or the
management can provide not just general but
also in-house services such as laundry, house-
keeping, babysitting, grocery-delivery ser-
vice etc.
2.10
SERVICES
27
2.11
AMENITIES
You may move to Vietnam with your
family, which presents the need to
meet various needs. In order to find a
property which can conform to all
your requirements, you should think
about whether you need certain ame-
nities like a pool, fitness center,
minimart or spa. If you are looking at
a condo or apartment, you may find
these amenities on the premises.
28
2.12 PETS
If you are a pet owner, or potentially
would want to be one, this must be
part of your criteria for an apartment.
Pretty much every apartment listing
will state whether you’re allowed to
have pets or not and what kinds of
pets are allowed.
Remember to never try
to sneak a pet into a
property where they are
not allowed and apply
for Pet Registration Form.
29
Although the regulations attached with Cir-
cular 02/2016/TT-BXD are only an example
which apartment building management
offices can use to develop the rules and regu-
lations for the building they manage, these
regulations are reasonable. Raising animals
in apartment buildings may affect the sanita-
tion of the apartment building and the safety
of the residents. If the animals cause any
harm or damage, the owners must compen-
sate for these harms or damages.
The regulations on apartment
building management and use
stipulated by the Ministry of
Construction and attached with
Circular 02/2016/TT-BXD
specify that raising livestock
and poultries in apartment
buildings is prohibited (dogs
and cats are considered live-
stock according to the 2018
Law on Animal Husbandry).
30
SEARCH FOR
YOUR PROPERTY
SEARCH FOR
YOUR PROPERTY
03
31
There are many websites out there today that will help
you find available units according to your criteria.
Online sites are our first suggestion due to their ease of
use, quality features, search results and available infor-
mation on potential properties. These online tools allow
you to quickly find several apartments that match your
criteria.
Properties for rent are going on and off the market all the
time so don’t feel discouraged if you can’t find some-
thing right away. Take a few minutes each day for a
couple weeks to search for and contact agents and les-
sors. These online sites will provide all the details you
need to figure out if a property is right for you and will
have the contact information needed to set an appoint-
ment to see it in person.
3.1 PROPERTY WEBSITES
32
3.2
DIRECTLY CONTACT
THE LANDLORD
You can get information about an
apartment directly by looking for land-
lords who are advertising their proper-
ty themselves by some lower-tech
means. In Vietnam, you may notice a
sign while walking along the street or
you can see many rental advertise-
ments and flyers in public spaces.
One of the most critical parts of renting
property in Vietnam is finding a great
agent to represent you. Your agent is your
representative and will work to get you
the best deal. While it can seem tempting
to represent yourself or use the landlord’s
agent, there are lots of pros to having your
own agent, not least scheduling all the
apartment viewings and negotiating your
monthly rental fee.
3.3
REAL ESTATE AGENCY
33
CHOOSE A
SOLICITOR
04
34
But prevention is better than cure.
Before you even look for a property, a
solicitor can help you decide what the
terms of the tenancy will be and can
build these terms into a written 'tenancy
agreement' tailored to your needs. So, if
you are considering renting an apart-
ment in other country, finding a profes-
sional local solicitor with deep knowl-
edge in country laws and culture will
help you avoid a lot of problems.
Renting an apartment could be very
risky, especially when you try to make a
tenancy as a foreigner. The lease, which
is often landlord biased, can impose a
number of onerous obligations on Ten-
ants, some of which may not be reason-
able.
In addition to the Lease itself, property
legislation, which is affected by the
local laws and culture, has a large
impact on the Tenant involved with the
property. The best way to avoid those
problems is to take the right legal advice
at the start. Solicitors can deal with all
areas of property rental law and are
skilled in settling disagreements.
4.1
Why Do You Need
A Solicitor?
35
4.2 PMC Solicitor Service
PMC Solicitor Service is a part a PMC,
focusing on helping tenants from other
countries with formal process, docu-
ments, and any other legal issues that
tenants might encounter during the
tenancy. More specifically, our ser-
vices includes:
Explain the different types of
tenancy agreement and iden-
tify the most suitable for you.
Draw up or check a tenancy
agreement for you.
Highlight the essential
requirements and terms of
your tenancy agreement.
Explain any related legal
issues.
Warn you of any pitfalls,
including advice on how to
end an agreement.
Give you advice on the type of
tenant references to ask for.
And we provide all those
services on a multi-lan-
guage online service as well
as a 24/7 call center that
will always be ready to give
tenants the best advice.
Representing you to negotiate
the terms for your best inter-
est and to carry out some legal
procedures
36
CHOOSE A
PROPERTY
05
37
The easiest way to find a
short-term property is looking
online. However, this is somewhat
limiting because you can only rely
on the information provided on the
website. Here are some tips you
can use to choose the short-term
rental property that meet your
requirements.
Look at the rating and reviews
However, you should also care about the
time gap in the positive reviews or the
tone of the review to make sure it is legiti-
mate.
Double check the accommodation on
Google
Even though you have carefully checked
the reviews, you still should Google the
place, look for more information and,
especially, pictures and photos. The more
photos the better. That way you can better
understand the layout of a property to see
if it will work for your plans. A floor plan
can be very helpful.
Find a discount code
To attract users, online sites often have a
discount policy, so when you book a prop-
erty you can also check out if there are any
promotions.
Check the landlord’s ability to provide
supporting paperwork
Your landlord should help you in declar-
ing temporary residence for foreigners
with local authorities (according to Law
No. 47/2014/QH13 dated June 16, 2014
of the National Assembly on entry, exit,
transit, and residence of foreigners in
Vietnam).
5.1
For Short-term Tenancy
(Stay Of 30 Days Or Less)
38
5.2
For Long-term
Tenancy
(Stay Of 30 Days Or More)
After having a list of potential
property from your search,
schedule a few different
appointments on the same
day to get it all done at once
and compare several apart-
ments when they are still
fresh in your mind.
It will absolutely be better if you list
out your requirements for the prop-
erty. Maybe consider putting these
into your checklist:
- Clarify the parking situation
- Locks, windows, and doors
- Find out if appliances are pro-
vided in the apartment (Air
Conditioner, Fridge, etc.)
- Check the water pressure
- Check the internet and elec-
trical stability
- Ask about apartment commu-
nity rules
- Check the landlord’s right to
rent and their ability to support
tenants in dealings with local
authorities
39
Some buildings could require a
minimum length of the tenancy,
as the owner-occupants demand
for the comfort and quietness of
the residential environment.
Therefore, you should consider
asking the landlord (or even
better- the solicitor) for the
codes of your target building.
+ Certificate of Ownership of House
(origin or copy) or authorizing paper
(origin or copy) (according to Article
119 of Law No 65/2014/QH13)
+ Business License (Required to let
foreigners rent the property) (accord-
ing to Decree No. 78/2015/ND-CP)
+ Certificates of eligibility for fire
safety (according to Appendix 2,
Decree No 79/2014/ND-CP)
+ Certificates of Satisfaction of Secu-
rity and Order (according to Decree
No 96/2016/ND-CP)
+ Declare temporary residence for
foreigners (according to Law No.
47/2014/QH13)
40
CONDITIONS FOR
FOREIGN TENANTS
Having full legal capacity to establish and exercise
civil rights and perform civil obligation in contract
Must be eligible to own houses in Vietnam
Not required to have temporary registration or perma-
nent registration in the place where the property is.
41
- Secure certificate of occupancy issued
by the competent authority.
- Not subject to disputes or claims about
ownership. If the lessor owns the prop-
erty for a definite time, the property
must still be in ownership of the lessor
during the time of your contract.
- Not subject to any decision of
land acquisition or notice of
clearance and demolition of
the competent authority.
- Ensure quality and safety for
the house lessee; have ade-
quate electricity, water supply
and drainage systems; ensure
environmental sanitation.
CHECK THE RENTAL’S
CONDITIONS TO BE
ABLE TO RENT
42
NEGOTIATE
06=
43
Firstly, you should do some
research and comparison
between a few similar prop-
erties to figure out the stan-
dard price to expect. The
overall cost could also be
reduced by:
- The condition of the property: do not
hesitate to ask the landlord to reduce the
price if the condition is not as good as you
expect.
- The duration of tenancy: In a lot of
cases the landlords could offer some kind
of discount if your tenancy is long
enough. So maybe start with a short ten-
ancy and negotiate to get a discount for a
longer term.
- Consider what kinds of service are
unnecessary: Some landlords could offer
you a lot of additional apartment services
and charge for them such as laundry or
housekeeping. They could be convenient,
but also costly, so thoroughly consider
which services you truly need.
6.1 COST
After choosing your ideal
property, you should contact
the landlord directly or via
the agency to negotiate:
44
6.2 TENANCY DURATION
6.3 UTILITY BILLS
Wise choices about tenancy duration could poten-
tially save you some money. However, you can
have a short-term rental agreement first, to assure
that property is the right place for you. Therefore,
you should negotiate with the landlord about the
tenancy duration and tenancy extension.
For long-term tenancy, you will surely be responsi-
ble for the utility bills such as water, electricity or
gas, but how it would be measured and be priced
should be your main concern. Some landlords
could use separate water meters or charge a higher
price than the regulations permit.
After choosing your ideal property, you should contact
the landlord directly or via the agency to negotiate:
45
To manage the accommodation.
To participate in the General Residents
Meeting (according to Article 12 of Circular
No.02/2016/ TT-BXD on Regulation on
Management and Use of Apartment Build-
ings).
To extend the tenancy if needed: also
notice that before the tenancy ends, the
landlord must remind you to decide wheth-
er to extend the tenancy or not.
Deposit: This is a repayable cost, which
mean you could receive a refund if none of
the related terms were violated. In some
cases, the deposit could be considered as a
kind of bond for repairs (if needed), not just
as a guarantee that the contract will be
concluded.
6.4 TENANT’S RIGHTS
Exchange the rented apartments with other
tenants if approved with written notifica-
tion by the landlord.
Request the landlord to compensate for any
damages caused by the landlord.
Request the landlord to repair the rented
apartments if there are damages to the
apartments that are not caused by the
tenant.
The rental contract is negotiable. The tenant has
the following rights:
46
Be able to use other public utili-
ties, such as swimming pools,
tennis courts, parking space,
fitness or recreational facilities.
Enjoy other rights in accordance
with the relevant laws or as nego-
tiated in the contract
Continue renting according to the
conditions negotiated with the
landlord in case there is a change
of owners
Lease part or all of the apartment
if specified in the contract or
approved with written notifica-
tion by the landlord
Terminate the contract unilateral-
ly under certain conditions
47
Carry out repairs.
Keep the property safe and free
from health hazards.
Do regular maintenance of services
and furniture supplied by landlord.
Purchase fire insurance and other neces-
sary insurances for the rented apartment;
Support tenants in procedures with local
authorities: Make sure that the landlord or
agency can help you with legal paperwork.
6.5 LANDLORD’S
RESPONSIBILITIES
48
Maintain and repair the apartment periodically or as
negotiated. If the landlord does not maintain or
repair the apartment, and consequently cause harm
or damages to the tenants, the landlord must com-
pensate for the harm or damages that may occur.
Ensure that the tenants can safely use the
apartments during the renting period
Perform other responsibilities as required
by the relevant laws or as negotiated
49
SIGN THE
CONTRACT
07
50
In order to compare the condition of the property
before and after renting, you should take pictures
as proof. You can avoid having to compensate for
damage to the house which was not your fault.
TAKE PICTURES AS
PROOF OF PROPERTY’S
CONDITION
51
CAREFULLY CHECK
THE INFORMATION
IN THE CONTRACT
including the following:
Form of tenant contract
The content of the tenant contract
Description of the housing transfer
Payment
Rights and responsibilities of the
contract parties
Violate the contract
Terms of unilateral ending of
the tenancy
Duration
Deposit term
52
In accordance with the Housing
Law of 2014, tenant contract must
be made into written documents,
but don’t have to be notarized.
The purpose of making written
contract is to protect the benefits
of all parties involved.
For tenant contract sample, refer
to Decree 76/2015/NĐ-CP on
guidelines for law on real estate
trading.
TENANT CONTRACT
FORMAT
53
Clause 5 of Article 121 of the Housing
Law stipulates that a tenant contract
must include the following information:
Full name or title of the parties
involved (individuals or orga-
nizations)
Description of the housing
transfer
The price of the housing trans-
fer if the parties involved
negotiate on the price. If the
price is regulated by local
authorities, then this regula-
tion must be followed;
Deadline and methods of pay-
ment
Deadline for housing transfer
and renting duration
Rights and responsibilities of the
parties involved;
Covenants of the parties
involved;
Other agreements;
Effective date;
Date of signing contract;
Signature and full names of the
parties involved. If the parties
are organizations, seal (if avail-
able) and position of the signer
must be provided.
CONTENT OF
THE TENANT CONTRACT
Note: Although the law stipulates that the tenant contract must contain
these contents, the parties can add additional provisions on dispute
resolution or provisions of governing law. Because the tenant contract is
signed between a foreigner, a Vietnamese organization or other indi-
viduals, therefore all the parties should make provisions on governing
law in order to reach an agreement if any dispute occurs.
54
This must be described in detail
in the contract. In the tenant
contract, the parties involved
must specified the characteris-
tics, location, quantity and con-
dition of the house/apartment.
Describing the house/apart-
ment in full and detail will help
the parties involved to protect
their rights and perform their
responsibilities.
The content of the tenant contract
must conform to Clause 5, Article 121
of the Housing Law of 2014. The par-
ties involved must also pay attention to
the following points when negotiating
and making contracts : DESCRIPTION OF THE
HOUSE/APARTMENT
For example: The tenant may
require the landlord to handover the
house/apartment that retains the
shape, quality and condition as
specified in the contract, in case the
landlord fails to handover the
house/apartments as specified in the
agreement between both parties.
55
PAYMENT
All transactions, payments, listings, advertise-
ment, etc. cannot be executed in foreign currency
in any form, directly or indirectly.
In other words, payment to costs and services
from Vietnam should be in VND while payment
to costs and services from outside Vietnam can be
in other currencies.
Thus, a contract for services in Vietnam shall be
void if the price in it was noted in or anchored in
a foreign currency.
56
In addition, all transactions executed in foreign
currency, if noticed by the authorities, will be
fined.
When the contract is void, the parties involved
must return to each other what they have
received before the contract is negotiated.
Therefore, the parties involved should negotiate
and pay in Vietnamese Dong to avoid any legal
issues that may arise.
* Key contract terms are understood
as the core, irreplaceable terms for
each contract. When a contract lacks
key contract terms, the contract is
considered incomplete and the parties
involved can’t negotiate the contract.
57
Decree 88/2019/NĐ-CP
Circular 14/VBHN-NHNN
Ordinance 06/2013/PL-UBTVQH13
dated November 14, 2019 regulating penalties
for administrative violations in monetary and
banking sector
dated April 04, 2019 on guidance to restrict
foreign exchange in Vietnam
amending and supplementing a number of arti-
cles on foreign exchange control
Legal
framework
*For reference: Resolution 04/2003/NQ-HĐTP of the judges’ council
of the supreme peoples’ court guiding the application of a number of
law provisions to the settlement of economic cases
(no longer in effect but can be used as refereced)
01
02
04
03
Ordinance 28/2005/PL-UBTVQH11
of the standing committee of the National
Assembly dated December 13, 2005 on foreign
exchange control
58
The rights and responsibilities of
the parties involved are based
on the contents and value of the
contract, and the legitimate ben-
efits which the parties involved
have agreed upon. These articles
may be a repetition of the
responsibilities and pledges
defined in the previous articles
and may include extra legally
binding articles if deemed nec-
essary by the parties involved.
Defining the rights and responsi-
bilities of the parties involved
will help the landlord and
tenant to understand what rights
each party has or what responsi-
bilities each party must perform
for one another.
RIGHTS AND RESPONSIBILITIES
OF THE PARTIES INVOLVED
59
Pay the costs late;
Violate the terms of health; fire safety;
public security; environment; etc. in
contract;
Use incorrect personal information for
any illegal purposes;
Not completed other obligations in
contract;
Repair or renovate the apartment with-
out prior notice
Increase the renting costs without prior
notice
Other violations as regulated in the
contract
VIOLATE
THECONTRACT
When a party violates its obligations seriously,
the other party has the right to terminate unilat-
erally the contract without any compensation
for damage. The party who ends the contract
must notify the other party immediately of its
termination of the contract
The aggrieved party shall receive a compensa-
tion for damage caused by the violating party
hoặc một khoản tiền phạt nếu trong hợp đồng
thuê nhà hai bên có thỏa thuận về phạt vi phạm
hợp đồng.
The party unilaterally terminate the contract
must inform the other party at least 30 days in
advance, unless other agreements are in place.
This regulation will ensure that the tenant has
enough time to pack their belongings and find a
new place to stay.
TERMS
OF
UNILATERAL
ENDING
OF
THE
TENANCY
60
After the duration,
each of party can offer
to extend the lease
expires. With the
duration extension,
the parties can negoti-
ate to modify the
terms as desired.
DURATION
The duration of the
contract is defined and
agreed upon by the parties
involved. In case of open-ended con-
tract, the contract shall terminate after 90
days. This is an important term to carry out the con-
tract. The parties involved should identify clearly
the effective date, duration (duration for goods deliv-
ery, service implementation, etc.) and termination
date of the contract.
61
A security deposit equivalent to 1–3 months’ rent
is given to the landlord.
When you move to a new residence, the money
is used to pay any outstanding rent, make repairs
and clean the house/apartment as necessary.
At the termination of the lease, landlord may
refund the deposit to the tenant within 5 business
days after moving out. The landlord has a reason
to settle the outstanding amount of rent or other
claims in relation to the tenant, as compensation
for lost keys, not completed final cleaning or
other damages caused by the tenant.
D
EPO
SIT
TERM
62
your behalf to provide expert information
about the property and will advise you on
any risks or implications of a purchase.
Although you will keep a
legal copy of the contract,
you should make and keep
another copy for yourself in
case of emergency, for
example lost or torn copies.
7.1 GET SUPPORT
FROM AGENCY OR
LAWYER IF NEEDED
You should seek
independent legal
advice from a
solicitor. A solici-
tor will act on
7.2 MAKE AND
KEEP A COPY OF
ANY CONTRACT
YOU SIGN
63
08
MOVE IN
AND SET UP
64
Rent a moving company
to load, transport and
unload your possessions.
Rent a moving truck: If
you have already lived in
Vietnam for a while, you
will have a lot of belong-
ings. Renting a moving
truck is a good way to
deliver your stuff to the
new property.
8.1 Moving Tips
Strategically pack
your belongings by
room, label every-
thing clearly in
order to maximize
space and protect
items from damage.
Ask friends and family to
help for a fast and low-bud-
get moving option.
65
8.2
Explore
The Building
For a convenient and safe life, you
should ask the building manager for a
building tour. It is essential for you to
understand the design of the build-
ing, you must know the location of
fire escape ladder and fire extin-
guisher to be prepared in case of fire.
Firstly, you together with the landlord
should make a list of landlord’s belong-
ings. After that, you may want to buy
more furniture, kitchen appliances, and
decorations to make your property
cozier and more practical. The cheap-
est way is buying or swapping items in
the Expats online groups. Or you can
buy new items from interior décor
stores. You should ask your landlord or
search on the internet for highly-rated
furniture stores.
8.3
Buying Furniture
66
You will have the support from your land-
lord on temporary resident declaration
for the local authorities and Building
Management Office (if any)
In accordance with the 2014 Law on
entry, exit, transit, and residence of
foreigners in Vietnam, the person who
directly manage and operate the accom-
modation facilities is responsible for
filling the temporary residency form for
foreigners.
For this reason, you must provide the
following documents to the person who
directly manage and operate your
accommodation facilities
Get support from solicitor:
You can seek advice from a solicitor
or authorize a solicitor to register
with local authorities and Building
Management Office
- Passport
- Visa (if any)
- Other papers that verify your
identity
01
02
8.4
Register With Local Authorities
And Building Management Office
According to the Housing Law
2014, if the leaseholder is a
foreigner, it is necessary that the
person must be eligible to own
houses in Vietnam as stipulated
in Article 159 of the Law on
Housing 2014.
67
8.5
Explore The
Neighborhood
Last but not least, when you change
your address, you should inform
others in order to in case of emer-
gency. You should inform:
It is important to get to
know the neighborhood.
Have a walk around the
area and remember every
place you might need like
bus stops, grocery stores,
banks, pharmacies, coffee
shops or gyms.
8.6
Informing
Address Change
Family and friends
Current employer (in case of
emergency and for tax docu-
ments)
Financial institutions (bank,
billing addresses)
Educational institutions
Subscription services
68
09
DURING
YOUR STAY
69
You should make yourself a list of
useful contact including addresses
and phone numbers in case of
emergency. The list should
include:
Building Management Office
Building Owner’s Committee
Solicitor
Real estate agency
Landlord
Your country’s embassy
Police station
Hospital
Pharmacy
Bank
…
9.1List of contact
70
9.2Transportation
You will need to go from place to place every day.
Therefore, ask your landlord for the most convenient
and affordable transportation. You can use:
Bus: This is the most budget
transportation in Vietnam. If
your property is near a bus stop,
this can be a good choice.
Metro: Hanoi and Ho Chi Minh
city are 2 cities with ongoing
metro projects. Although they are
still under construction, the sky-
train will be fast and convenient
and is slated to begin limited oper-
ations in Summer 2019.
71
Bicycle (rental or purchase):
You may want to include some
suggestions about bicycles
because many Tays like to exer-
cise while commuting or want a
green mode of transportation
Taxi/ Motorbike Taxi: You
should book a taxi/ bike taxi
via an approved app to assure
the fare and safety.
Rental vehicle: If you have
an international driving
license, you can convert it at
the local authority to legally
rent a vehicle.
72
If you don’t pay the rent, you can
be evicted from the apartment
due to a breach of the tenancy
contract. As for utility bills, you
should pay on time to avoid
interruptions in service.
9.3Pay Rent And Bills On Time
9.4
Maintain The Condition
of Your Property
It is important to maintain the
move-in condition of any appliances
and furniture. It is not only about your
obligations as mentioned in the con-
tract, but also about your convenient
stay in the property. You should get
your landlord’s permission before
attempting repairs or decorating.
73
Financial problems:
Speak to your landlord as they may be able to
help and are likely to be more sympathetic if
you talk to them about any difficulties early on.
The building is in an unsafe condition (in-
security, disrepair, health hazards, etc.):
You should tell your landlord to get support
from the local authority or other service pro-
viders.
Unhappy with the quality of management:
You should deliver your feedback to customer
service in person or via the hotline. Your com-
plaints will be valued and will improve the
service quality.
9.5If Things Go Wrong
74
As the Vietnamese proverb says: “Better
a neighbor nearby than a brother far
away”. We believe that strong relation-
ships among neighbors can make for a
better living environment where people
are willing to share and help each other.
We focus on building and developing
community relationships through meet-
ings, events, social media, and so on.
Therefore, you should begin participat-
ing in the building’s community as soon
as you move in.
9.6 Connect With
The Community
75
As mentioned above, according to
Vietnamese law, you have the right to
attend the General Residents’ Meet-
ings. This is an opportunity for you not
only to enhance your relationships with
other residents in the building but also
to give opinions about the building ser-
vices, facilities and other problems.
The Building Owner’s Committee and
Building Management Office will be in
charge of solving these problems to
improve residents’ quality of life.
Foreigners renting apartments are con-
sidered individuals using apartment
buildings, in accordance with Circular
02/2016/TT-BXD on management and
use of apartment buildings. Individuals
who use apartment buildings are enti-
tled to join the residential meetings to
decide on the Owner’s Committee
members, facilities, services and other
issues pertaining to the apartment
buildings.
As we understand the difficulties
for foreigners who are fresh off
the plane, the PMC team has
provided a list of services for resi-
dential buildings to make your
life in Vietnam more comfortable.
Our service is listed in Overview.
9.7
General
Resident’s
Meeting
9.8
Residential
Services
76
10
EXTEND
THE
TENANCY
10.1 Advance Notice
10.2 Get Support From Solicitor
10.3 Lease Extension Addendum
77
10.1
Advance Notice
If you want to extend the ten-
ancy, make sure to notify the
landlord at least one month
before the end of the contract.
Failure to notify may result in
the loss of renting rights to that
property in the event that a
new tenant has already leased
it for the upcoming period.
After your first tenancy, you or the
landlord may want to change the cost
of rent or some rights and responsi-
bilities in the signed lease agree-
ment. Therefore, you should ask for
help from your solicitor in order to
strike the most reasonable deal.
10.2
Get Support From Solicitor
78
The Lease Extension Addendum allows a lease
agreement to continue past the previously estab-
lished end date. Every change shall be mentioned in
this addendum. The addendum must be signed by
both the landlord and tenant and must be attached to
the original lease agreement.
10.3
Lease Extension Addendum
79
AT THE END
11
OF THE
TENANCY
11.1 Liquidation Agreement
11.2 Clean Up
11.3 Keep In Touch With The AgencyAnd Solicitor
For Further Information Or Services
11.4 Finalize Any Extra Rent And Bills
11.5 Take BackThe Deposit
80
A Liquidation Agreement is
an agreement which is used
to put an end to the tenancy.
This agreement can make
the process easier. With this
document, you and the land-
lord can settle things fairly.
Maybe you will come back to Viet-
nam in the future for another vaca-
tion or on business. Having a trust-
worthy agency and solicitor can help
you a lot in finding a suitable accom-
modation for your stay later on.
11.1
Liquidation
Agreement
11.2
Clean Up
11.3
Keep In Touch
With The Agency
And Solicitor
For Further
Information Or
Services
The apartment should be
cleaned before handover
to the landlord. You can
clean the apartment
yourself or use a house-
keeping service for pro-
fessional deep cleaning.
81
All of the aforementioned items need to be
done prior to your move-out inspection so
that you can receive your full deposit back.
Try to be present when the property is
checked to determine whether any of the
tenancy deposit should be deducted to
cover damage. Use the pictures you took
upon move-in as proof, if needed.
Make sure that your rent pay-
ments are up to date. Do not keep
back rent because you think that
it will be taken out of the deposit.
And do not leave bills unpaid.
11.4
Finalize Any Extra
Rent And Bills
11.5
Take Back
The Deposit
82
APPENDIX
12
83
Appendix 1
Decree No. 56-CP
Residing Abroad
Sample text
Article 5:
A foreigner renting a house for lodge must have a
legal permit of temporary residence in Vietnam
for six months and more. If he/she rents a house as
the headquarter of a representative office or com-
pany branch, or as an establishment for business
activities, he/she must have a permit to establish
the representative office, the company branch or
for investment cooperation in Vietnam issued by
the authorized agency of Vietnam.
On Promulgating the Regulation
on leasing houses in Vietnam to
Foreigners and Vietnamese
84
On entry, exit, transit, and residence
of foreigners in Vietnam
Law No. 47/2014/QH13
Article 8: Visa Symbols
NG1 - To be granted to members of delegations invited by
the Secretary General of the Communist Party of Vietnam’s
Central Committee, the President, the Chairperson of the
National Assembly or the Prime Minister.
NG2 - To be granted to members of delegations invited by
the Standing Body of the Communist Party of Vietnam’s
Secretariat, Vice Presidents, National Assembly Vice
Chairpersons, Deputy Prime Ministers, the President of
the Vietnam Fatherland Front’s Central Committee, the
Chief Justice of the Supreme People’s Court, the Procurator
General of the Supreme People’s Procuracy, or the State
Auditor General; members of delegations invited by minis-
ters and the equivalent post holders, secretaries of Party
Committees of provinces and centrally run cities or chair-
persons of People’s Councils and People’s Committees of
provinces and centrally run cities.
NG3 - To be granted to members of diplomatic missions,
consular offices and representative offices of international
organizations affiliated to the United Nations, representa-
tive offices of intergovernmental organizations and their
spouses, under-18 children and housemaids who live with
them during their terms of office.
APPENDIX 2
85
NG4 - To be granted to people who come to work with diplomatic missions, con-
sular offices, representative offices of international organizations affiliated to the
United Nations and representative offices of intergovernmental organizations;
visitors of members of diplomatic missions, consular offices, representative offices
of international organizations affiliated to the United Nations and representative
offices of intergovernmental organizations.
LV1 - To be granted to people who come to work with departments, agencies and
units under the Communist Party of Vietnam’s Central Committee, the National
Assembly, the Government, the Central Committee of Vietnam Fatherland Front,
the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit of
Vietnam, ministries, ministerial-level agencies, government-attached agencies,
People’s Councils and People’s Committees of provinces and centrally run cities.
LV2 - To be granted to people who come to work with socio-political organiza-
tions, social organizations and the Vietnam Chamber of Commerce and Industry.
ĐT - To be granted to foreign inves-
tors in Vietnam and foreign lawyers
practicing in Vietnam.
DN - To be granted to people who
come to work with Vietnam-based
enterprises.
NN1 - To be granted to heads of repre-
sentative offices or projects of interna-
tional organizations and foreign
non-governmental organizations in
Vietnam.
NN2 - To be granted to heads of repre-
sentative offices or branches of foreign
traders, representative offices of other
foreign economic, cultural, profes-
sional organizations in Vietnam.
APPENDIX 2 Article 8
86
NN3 - To be granted to people who come to work with
foreign non-governmental organizations, representative
offices or branches of foreign traders, representative
offices of other foreign economic, cultural, professional
organizations in Vietnam.
DH - To be granted to people who come to practice as
probationers or study in Vietnam.
HN - To be granted to people who come to attend confer-
ences or workshops.
PV1 - To be granted to permanent correspondents and
journalists in Vietnam.
PV2 - To be granted to correspondents and journalists
who come to work for a short term in Vietnam.
LĐ - To be granted to people who come to work.
DL - To be granted to tourists.
APPENDIX 2 Article 8
TT - To be granted to foreigners who are par-
ents, spouses, under-18 children of foreigners
holding LV1, LV2, ĐT, NN1, NN2, DH, PV1 or
LĐ visas, or foreigners who are parents, spouses
or children of Vietnamese citizens.
VR - To be granted to people who come to visit
their relatives or for other purposes.
SQ - To be granted to people in the cases pre-
scribed in Clause 3, Article 17 of this Law.
87
APPENDIX 2 Article 9
1. An SQ visa is valid for at most 30 days.
2. An HN visa or a DL visa is valid for at most 3 months.
3. A VR visa is valid for at most 6 months.
4. An NG1, NG2, NG3, NG4, LV1, LV2, DN, NN1, NN2,
NN3, DH, PV1, PV2 or TT visa is valid for at most 12
months.
5. An LĐ visa is valid for at most 2 years.
6. A ĐT visa is valid for at most 5 years.
7. Those whose visas have expired may be considered for
grant of new visas.
8. The validity duration of a visa granted to a person must be
at least 30 days shorter than that of his/her passport or inter-
national travel document.
Article 9:
Validity Duration
Of Visas
88
APPENDIX 2
Article 31: Temporary Residence Permit
1. The immigration unit shall issue temporary residence permits to foreigners
by appending a seal in their passports or separate visas with the following
time limits:
a) The duration of the certificate of temporary residence is the same as the
duration of the visa. If the duration of the visa is no longer than 15 days, the
duration of the temporary residence permit shall be 15 days. If the visa
symbol is ĐT or LĐ, the duration of the temporary residence permit shall not
exceed 12 months, and the issuance of a temporary residence card shall be
considered.
b) For the persons granted visa-free entry under international agreements to
which Vietnam is a signatory, the duration of temporary residence permit
shall comply with such international agreements, or shall be 30 days if it is not
specified by the international agreements;
c) For the persons visa-free entry to a checkpoint economic zones, the dura-
tion of temporary residence permit shall be 15 days, and 30 days for those
granted visa-free entry to special administrative - economic units.
d) The duration of temporary residence permits issued to nationals of the
countries to which Vietnam grants visa-free entry shall be 15 days;
e) Temporary residence permits shall not be issued to foreigners who have
unexpired permanent residence cards or temporary residence cards.
2. Foreigners may temporarily reside in Vietnam throughout the duration of
the temporary residence permit issued.
3. The time limit for temporary residence may be shortened or invalidated by
the immigration authority when the foreigner violates Vietnam’s law.
Article 31
89
Article 32: Temporary Resi-
dence Permit
Lodging establishments are
places where foreigners tempo-
rarily reside within Vietnam’s
territory, including lodging
establishments for tourists,
guesthouses, housing areas for
foreigners who work, study, or
serve their internship in Viet-
nam, medical facilities, private
houses, and other lodging
establishments defined by law.
Article 33: Declaration Of Temporary Residence
1. Any foreigner that temporary resides in Vietnam
must, via the manager of the lodging establishment,
declare his/her temporary residence at the local police
authority.
2. The manager of the lodging establishment shall
complete the declaration form and submit it to the
local police authority within 12 hours (or within 24
hours if the administrative division is in a remote
area) since the foreigner arrives at the lodging estab-
lishment.
3. Lodging establishments that are hotels must have
Internet access or connect to the computer network of
the immigration authority affiliated to the provincial
police authority to transmit foreigners’ declarations of
temporary residence. Other lodging establishments
that have Internet access may directly send the
foreigners’ declarations of temporary residence to the
email address of the immigration authority affiliated
to the provincial police authority.
4. Any foreigner that changes his temporary residence
or resides at a place other than that written in the tem-
porary residence card must submit a declaration of
temporary residence as prescribed in Clause 1 of this
Article.
APPENDIX 2 Article 32; 33
90
Article 34: Temporary Residence In Industrial
Parks, Export-processing Zones, Checkpoint Eco-
nomic Zones, Coastal Economic Zones, Bordering
Areas, And Special Administrative - Economic
Units
Foreigners may reside in lodging establishments in
industrial parks, export-processing zones, checkpoint
economic zones, and coastal economic zones, and
shall declare their temporary residence in accordance
with Article 33 of this Law.
Foreigners must not temporarily reside in prohibited
areas, areas in bordering areas on land where activi-
ties are suspended, prohibited zones, and restricted
areas in bordering areas at sea. Foreigners may reside
in lodging establishments in industrial parks,
export-processing zones, checkpoint economic zones,
and coastal economic zones, and shall declare their
temporary residence in accordance with Article 33 of
this Law. Agencies that receive declarations of tempo-
rary residence of foreigners shall notify the border
guard stations in the same administrative division
where the lodging establishment is situated.
APPENDIX 2 Article 34
91
Article 35: Extension Of Temporary Residence
1. Any foreigner who is temporarily residing in
Vietnam and wishes to have the temporary resi-
dence status extended must request the inviting
entity to follow the procedures at an immigration
authority or a competent authority of the Ministry
of Foreign Affairs.
2. The inviting entity mentioned in Clause 1 of this
Article shall directly send the written request for
extension of the temporary residence status
enclosed with a passport or laissez-passer of the
foreigner to the competent authority of the Minis-
try of Foreign Affairs in the cases mentioned in
Clauses 1, 2, 3, and 4 of Article 8 of this Law, or at
the immigration authority in the cases mentioned
in Clause 1 of Article 16 of this Law.
3. Within 05 working days from the receipt of suffi-
cient documents, the immigration authority or the
competent authority of the Ministry of Foreign
Affairs shall consider extending temporary resi-
dence status.
Article 36: Cases Issued With Temporary Resi-
dence Cards And Symbols
1. Foreigners being members of diplomatic mis-
sions, consular offices, representative offices of inter-
national organizations of the UN, intergovernmen-
tal organizations in Vietnam, their spouses, children
under 18 years of age, and housemaid that go along
during their term of office shall be issued with tem-
porary residence cards with the symbol NG3.
2. Foreigners issued with LV1, LV2, DT, NN1, NN2,
DH, PV1, LD, TT visas shall be issued with tempo-
rary residence cards with the same symbols.
APPENDIX 2 Article 35; 36
92
Article 37: Procedures For Temporary Residence Issuance
1. An application for the temporary residence card consists of:
a. A written request from the inviting entity;
b. A declaration bearing a picture;
c. The passport;
d. Papers proving the status mentioned in Article 36 of this Law.
2. An application for a temporary residence card shall be processed as follows:
a. The diplomatic mission, consular office, or another agency authorized by the
foreigner in Vietnam shall send the application for the NG3 temporary resi-
dence card to a competent authority of the Ministry of Foreign Affairs;
b. The inviting entity shall directly submit the application for issuance of the
temporary residence card to the foreigner to the immigration authority in the
same administrative division in which the inviting entity is based or residing.
c. Within 05 working days from the receipt of sufficient documents, the immi-
gration authority or the competent authority of the Ministry of Foreign Affairs
shall consider issuing the temporary residence card.
Article 38: Duration Of Temporary Residence Cards
1. The duration of a temporary residence card is at least
30 days shorter than the remaining duration of the
passport.
2. The duration of a NG3, LV1, LV2, ĐT or DH tempo-
rary residence card shall not exceed 05 years.
3. The duration of a NN1, NN2, TT temporary resi-
dence card shall not exceed 03 years.
4. The duration of a LĐ or PV1 temporary residence
card shall not exceed 02 years.
5. Expired temporary residence cards may be extended.
APPENDIX 2 Article 37; 38
93
1. Any entity who sells, leases, leases and sells housing, transfers agree-
ments on commercial housing sale, gives, exchanges, bequeaths, mort-
gages, lends, permit to stay in housing, or authorizes housing manage-
ment must satisfy the following requirements:
a. He/she is the homeowner, or the person permitted and authorized by
the homeowner to enter into housing as prescribed in this Law and law
on civil; if the agreement of commercial housing is transferred, he must
be the buyer for housing of the investor or the transferee of the agree-
ment on housing sale.
b. If the entity is a person, he must have full civil capacity to enter into
transactions in housing as prescribed in Law on Civil; if the entity is an
organization, it must have legal personality, except for the organization
giving house of gratitude.
Article 119: Requirements Pertaining To Parties In The Housing
Transactions
APPENDIX 3
On Housing
Law No 65/2014/QH13
94
2. If the entity who buys, rents, rents and purchases
housing, or receives agreements on commercial hous-
ing sale, receives housing exchange, gives, inherit
housing, receives housing as capital contribution or
mortgage, borrows, or stays in housing, or is autho-
rized to manage housing is a person, he/she must
satisfy following requirements:
a. If the entity is a Vietnamese person, he/she must
have full civil capacity to enter into transactions in
housing as prescribed in law on civil and he/she is not
required to register permanent residence in the place
where the house under transactions is located.
b. If the entity is a foreign person, or an oversea Viet-
namese, he/she must have full civil capacity to enter
into transactions in housing as prescribed in Viet-
namese law, qualify for the homeownership in Viet-
nam as prescribed in this Law and he/she is not
required to register temporary or permanent resi-
dence in the place where the house under transac-
tions is located.
3. If the entity who buys, rents, rents and purchases
housing, or receives agreements on commercial hous-
ing sale, receives housing exchange, gives, inherit
housing, receives housing as capital contribution or
mortgage, or is authorized to manage housing is an
organization, it must have legal personality regardless
of place where it sets up or registers business; if the
entity is a foreign organization, it must qualify for the
homeownership in Vietnam as prescribed in this Law;
if it is authorized to manage housing, it must provide
real estate services and run business in Vietnam as
prescribed in Law on Real Estate Trading.
95
APPENDIX4
On Enterprise Registration
1. Business household owned by an individual, a group of individu-
als being Vietnamese citizens from 18 years of age or older, has full
civil capacity, or owned by a household may only register one busi-
ness location, employs fewer than 10 employees, and takes responsi-
bility for the business operation with all of their property.
2. Households engaged in agriculture, forestry, aquaculture, salt pro-
ductions, street vendors, nomadic businesspeople, and service pro-
viders earning low revenues are not required to registered, except for
conditional business lines. The People’s Committees of provinces
shall specify the low revenues applied within their provinces.
3. Any business household that hires 10 employees or more must
apply for enterprise registration as prescribed.
Article 66:
Business Household
Decree No. 78/2015/ND-CP
96
The individual, group of individuals, or representative of the house-
hold shall submit the application form for business household reg-
istration to the business registration authority of the district where
the business location is situated. Content of application form:
Article 71:
Procedures For Business
Household Registration
a. Name, address, phone number, fax number, email
address (if any) of the business household;
b. Business lines;
c. Capital of employees;
d. Full names, signatures, residences, numbers and
dates of issue of unexpired ID cards or passports of
individuals establishing the business household (if the
business household is established by a group of indi-
vidual) or of the individual (if the business household
is established by a individual), or representative of the
household (if the business household is established by
a household).
The application form must be enclosed with legitimate copies of the
unexpired ID cards or passports of individuals in the business
household or representative of the household, and a legitimate copy
of the minutes of meeting of the group of individuals on establish-
ment of the business household (in case the business household is
established by a group of individuals).
97
1. Dormitories, hotels, working offices, leased office
building of 7 stories or more.
2. Establishments manufacturing or processing gasoline,
oil, liquefied gas and chemicals, which are easily flam-
mable, explosion-prone, of all sizes.
3. Establishments producing, processing, supplying,
preserving and using industrial explosives.
4. Petroleum depots with a total volume of 500 m3 or
more, liquefied gas depots with a total weight of 600 kg
or more.
5. Gasoline, oil or liquefied gas stores.
6. Solid or semi-solid marketplaces with a total business
space of 1,200 m2 or more or with 300 business house-
holds or more, trade centers, supermarkets, department
stores with the total area of pavilions of 300 m2 or more
or with a total volume of 1,000 m3 or more.
7. Thermo-electric power plants of a capacity of 100,000
kW or higher, hydro-electric power stations of a capaci-
ty of 20,000 kW or higher, transformer stations of 220
kV or higher.
(Promulgate together with the
Government’s Decree No.35/2003/ND-CP)
List Of Establishments Requiring
The Certificates Of Full Satisfaction
Of Fire Prevention And Fighting
Conditions Before Being Put Into
Operation
APPENDIX 5
98
1. Heads of enterprises, branches
or representative offices and lawful
representatives at law of business
establishments subject to security
and order conditions must possess
good morality, clear personal
history and not fall into the cases
defined in Article 3 of this Decree.
Article 4:
Conditions for dealing
in production and
business lines subject
to security and order
conditions
APPENDIX 6
On Providing For Security
And Order Conditions For A
Number Of Conditional Pro-
duction And Business Lines
Decree No.
72/2009/ND-CP
2. Business establishments subject to security and
order conditions may conduct business activities
only after being granted certificates of full satis-
faction of security and order conditions by com-
petent public security bodies.
3. Only Vietnamese individuals and organiza-
tions in the country may produce seals. Only
establishments of the People’s Army or the Peo-
ple's Public Security may produce and deal in the
repair of support tools and the repair of hunting
guns.
4. Production and business lines subject to secu-
rity and order conditions must not lie within
restricted areas under law.
99
1. For developments with one owner, the General Resi-
dents Meeting is the committee of the owner’s representa-
tives and residents.
2. For development with many owners, the General Resi-
dents Meeting is a conference of representatives of subsidi-
ary proprietors or current residents if the subsidiary pro-
prietor does not attend (including the case of an apartment
that has been handed over or other area in the apartment,
but has not yet paid all the money to the developer, except
in the case of termination of the contract of purchase, sale,
hire purchase of apartments).
3. General Residents Meeting have the right to decide on
contents related to the management and use of develop-
ment under the provisions of Article 102 of the Housing
Law and the provisions of this Regulation.
Residents are subsidiary proprietor who are
directly using apartments or organizations,
households, individuals that are legally using
apartments and other areas in condominiums in
the form of renting, borrowing, staying in, autho-
rized to manage or use under decisions of compe-
tent agencies.
APPENDIX 7
On Regulation On
Management And
Use Of Apartment
Buildings
Circular
No.02/2016/
TT-BXD
Article 12:
General Residents Meeting
Article 3:
Interpretation Of Terms
100
APPENDIX 8
Handover Checklist
- If there are ceiling fans, are they all
working? Are there any broken fan
blades?
- Does the thermostat work? Check both
the heat and air conditioning. Also
check filters and vents to make sure they
are clear of obstructions.
- Are there any broken blinds?
- What is the condition of the carpets?
Are there any stains? Is it worn?
- Is it clean in general?
- Do all the burners on the stove work?
Are all heating elements in the oven
working properly? If it is a gas range,
are there any leaks in the line?
- Inspect the refrigerator, freezer, dish-
washer and garbage disposal, both for
cleanliness and to make sure they are all
working.
- Check the faucet to make sure it works
and doesn’t leak.
- Are there any broken shelves or hang-
ing racks in the closet?
- Does the room smell of mold or
mildew? Check the room itself as well as
the closets.
- If it is a furnished apartment, is the
mattress clean? Is the bed sturdy?
- Are the walls clean? Are there any
stains that could indicate water damage
or mold? Is there cracked plaster?
- Are all the electrical outlets working?
- Check the circuit breaker box, both so
you know where it is and to see whether
it is in good repair.
- Are all smoke detectors working prop-
erly? Make sure there is a smoke detec-
tor installed in each bedroom and out-
side of all sleeping areas.
- Do all the light fixtures work? Flip the
lights on and off in each room to make
sure.
General
Kitchen Bedrooms
101
- Is the toilet working as it should? Flush
it once or twice and make sure it drains
and fills properly. Watch and listen for
leaks or other problems.
- Is the shower or tub working? Make
sure you know how to change the hot
and cold water in the shower and if you
don’t, just ask.
- Is there any mold on the tiles, ceilings
or walls?
- Is the faucet working properly? Are
there any leaks?
- Is the pipe under the sink leaking?
Bathrooms
- Are all door locks working properly?
Are all exterior doors sealed properly?
- Do exterior lights work properly?
- Do the windows close and lock as they
should?
- Does each of the windows have a
screen? Are the windows reasonably
clean?
- Are there any leaks in the windows
where you could lose cold or warm air?
Exterior & Building Security
- Make sure the water heater and air
conditioner are not leaking. Even if they
aren’t wet, look for water stains; they
may not have been in use recently.
- Check the washing machine and dryer
for any visible blockage.
- Check the floor for water stains where
the washer may have leaked. Also check
for mold.
Other
102
Dining table
Chairs
APPENDIX 9
Apartment Checklist
DINING AREA
Coat rack
Doormat
Couch / Sofa
Cushions
Chairs
Coffee table
TV / Media unit
Bookcase / Shelf
Floor lamp
TV
Speakers
DVD / Media player
Power socket
Curtains / Blinds
LIVING AREAENTRANCE
103
Appliances
Fridge / freezer
Microwave
Oven
Kettle
Toaster
Coffee machine
Dinnerware
Plates
Side Plates
Bowls
Deep plates
Serving Bowl
Oven / Serving Dish
Coffee Mugs
Teacups
Flatware set
Knives
Forks
Spoons
Teaspoons
Knife
Cutting board
Glassware
Wine glasses
Water glasses
Pitcher / carafe
KITCHEN
Cookware
Frying pan
Wok
Pot with lid
Saucepan
Cleaning / Dishes
Dishwashing brush
Dishwashing tub
Dish rags
Towels
Dish drainer
Paper towel holder
Viscose cloths
Dish soap
Garbage can
Garbage bags
Kitchen utensils
Serving spoon
Ladle
Spatula
Whisk
Tongs
Peeler
Scissors
Bottle opener
Corkscrew
Colander
Measuring cup
Other
Food containers
Jars
Spice Rack
Bin
Oven Mitts
Cutlery Tray
104
Desk (with drawers)
Desk light
Bookshelf
Desk chair
OFFICE /
STUDY AREA
Mattress
Duvet
Duvet covers
Bed sheets
Pillows
Pillowcases
Wardrobe / closet
Curtains
Alarm clock
Clothing hangers
Night table / shelf
Night light
Chair
Under-bed storage boxes
SLEEPING AREA / BEDROOM
Bathmat
Mirror
Medicine cabinet
Towel holder
Towel rail
Bath towels
Hand towels
Shower shelf / caddy
Hair dryer
Waste bin
Shelves
Soap holder / dispenser
Soap
Shampoo
Shower Gel
Toothpaste
Toothbrush
BATHROOM
105
Toilet brush
Toilet paper
Toilet paper holder
Toilet plunger
Waste bin
Air freshener
Soap
Towel
TOILET
Vacuum cleaner
Broom
Dustpan
Bucket
Mop
Cleaning Cloths
Sponges
Cleaning gloves
All-purpose cleaner
Bleach
Toilet Cleaner
Window Cleaner
Glass Wipes
Stepping Stool
CLEANING
Washing machine
Laundry basket
Drying rack
Detergent
Iron
Ironing Board
LAUNDRY
Smoke detector
BBQ facilities
OTHER
106
- Refer to the apartment inspection check-
list your landlord gave you when moving in
- Review this checklist and customize it,
creating a list of everything you need to do
before leaving
APPENDIX 10
Move-out Checklist
GETTING STARTED ALL ROOMS
- Restore walls to their previous condition.
Remove nails/hooks and fill in holes.
- Dust everything, especially high shelves,
ledges, exhaust fans and ceiling fixtures.
- Clean the windows.
- Wash windowsills, walls and baseboards.
- Don't forget to clean things such as door-
knobs, light switches and outlet covers.
- Make sure floors are clean, including
removing carpet stains. Have professionals
deep clean the carpet if possible.
- Remove cobwebs.
- Replace any burned-out light bulbs.
107
- Scrub bathroom tiles.
- Bleach grout in the shower/tub.
- Clean the toilet. Replace the toilet seat if
necessary.
- Clean out all cabinets and drawers,
including removing liners.
- Wipe down and disinfect all countertops
and plumbing fixtures.
- Make sure the mirror is clean and
spot-free.
- Clean out the refrigerator as thoroughly as
possible. Remove the drawers (if necessary)
to reach everywhere.
- Scrub the stove, including the oven, all
drip pans and burners.
- Sweep behind appliances.
- Clean and disinfect countertops.
- Polish the sink and faucet.
- Dust, vacuum and mop after furni-
ture has been removed.
- Mop from the furthest point in the
apartment out to the door just before
you leave.
BEDROOMS / LIVING ROOM
KITCHEN
BATHROOMS
108
- Sweep out your garage and remove all belong-
ings.
- Cut the grass and pull weeds if that is your
responsibility.
- Remove anything that you stuck in the ground
or hung from a tree.
- Schedule a final walkthrough with the land-
lord and refer to the inspection checklist.
- Ask for a copy of the final inspection for your
records.
- Leave your keys in the location specified by
your landlord.
- Turn off all lights before leaving the apartment
for the final time.
FINAL STEPS
OUTSIDE
109
APPENDIX 11
INFORMATION FORM FOR A
TEMPORARY RESIDENT CARD
110
Ha Noi:
Đa Nang:
HCM:
Floor 21, VNPT Tower, No. 57 Huynh Thuc Khang Str., Dong Da Dist.
No. 36 Tran Quoc Toan Str., Hai Chau Dist.
Room 505, No. 42 Pham Ngoc Thach, Dist. 3.
APARTMENT
RENTAL GUIDE
0904 615 855
www.pmcweb.vn
IN VIETNAM

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Apartment Rental Guide in Vietnam

  • 1. APARTMENT RENTAL GUIDE 0904 615 855www.pmcweb.vn IN VIETNAM www.facebook.com/pmcweb.vn
  • 2. CONTENTS OVERVIEW BEFORE YOU START SEARCH FOR YOUR PROPERTY CHOOSE A SOLICITOR CHOOSE A PROPERTY NEGOTIATE SIGN THE CONTRACT MOVE IN AND SET UP DURING YOUR STAY EXTEND THE TENANCY AT THE END OF THE TENANCY APPENDIX 03 09 31 34 37 43 50 64 69 77 80 83
  • 3. 1.1 Who Is This Guide For? 1.2 Different Property Types You Can Rent In Vietnam OVERVIEW 01 03
  • 4. As a full-service third-party advisor, PMC provides flexible and effective brokerage and management services that will maximize the value of your real estate assets. We appreciate that you have choices when it comes to decid- ing on a partner for your project, but we believe that PMC is uniquely qualified in our field to provide you with real world solutions. ABOUT Experience: As a multi-capable real estate company, PMC is a large firm in residential apartments, retails, offices, mix-used communities, adaptive reuse projects and sustainable properties. Relationships: Our board of managers have entrusted by both private and government sector, built many strong and stable relationships with developers and cus- tomers. Expertise: We implement that strategy across multiple prop- erty types, from mixed-use communities to tran- sit-oriented developments, retail centers, offices and apartments. 04
  • 5. Property Management: Apartments, Offices, Shopping Malls & Hotels. Facility Management: Technical Services, Property Assessment & Risk Assets, Finan- cial Management Brokerage Services: Commercial & Office Leasing, Residential Leasing & Purchasing, Site Acquisition, Marketing for Projects. Real Estate Consulting Services. Corporate Real Estate Services. Find more about our management capability and what PMC can do for you. Our servicesfor residential buildings: Marketing & Leasing Housekeeping Maintenance & Repairs Administration & Accounting Pest Control Landscape Maintenance Baby Sitting Airport Transfer & Taxi Travel Booking Insurance Cover Laundry Home Doctor Personal Security Delivery Legal Advisory Home Moving Fitting-out Management Home Design Grocery Shopping Pet Care Car Rentals 05
  • 6. Every year, more and more expats are coming to Vietnam to live, work and enjoy their lives here. As a foreigner, there is so much to adapt to - cultures, languages, climates – and so much more that it can be overwhelming. Even something that is usually straightforward, like property renting, can be quite frustrating at times - perhaps you are unfamiliar with the ways in which Vietnamese real estate agencies conduct business or the terms of the con- tract are difficult to understand. 1.1 Who Is This Guide For? The purpose of this guidebook is to explain how a foreigner can rent a property, especially condominiums and apartments. Please use this guidebook as a reference when rent- ing property and living in Vietnam. 06
  • 7. 1.2 Different Apartment Types You Can Rent In Vietnam Apartment buildings are classified into different catego- ries to determine the value of the apartment buildings when managing them or putting them onto the market. According to Article 5, Degree No.31/2016/TT-BXD, the criteria for classification of apartment include: The higher level the apartments is, the higher the apartment’s quality and more variety services are. Therefore, the cost of a serviced apartment will be higher than that of others. Architecture criteria; System- device criteria; Service- society system criteria; Quality, management & operation criteria. 07
  • 8. A fully furnished apartment available for short-term or long-term stay, pro- viding hotel-like amenities such as housekeeping, fitness center, laundry service and where most taxes and utilities are included within the rental price. Most of them are equipped with full kitchens, Wi-Fi and in-apart- ment washers and dryers. Serviced Apartment 08
  • 10. Before you actively start searching for apartments and setting up appointments, you’ll need to figure out a few details. Your pre-search tasks should include: By figuring these things out beforehand you will be able to narrow your search so you can stay focused and not be overwhelmed during your search. Management company Furniture PetsAmenities Service Design Size Ideal location Community Purpose Visa type Budget range 10
  • 11. Obviously, the reason for your trip will affect your choice of where to stay. If you are on a business trip then your priority would be privacy, quiet surroundings, and good Internet connection. Vaca- tioners might prefer somewhere more crowded and stimulating in an eye-catching and active set- ting. So, the first step is figuring out what you need or want to do on your trip in order to decide where to stay. 2.1 PURPOSE 11
  • 12. Foreigners who want to rent apartments in Vietnam must meet the requirements set at Point B, Item 2, Article 119, of the 2014 Housing Law and Article 74 of Decree 99/2015/NĐ-CP on guideline for the 2014 Housing Law, as follows: Foreign organizations or individuals who invest in housing projects in Vietnam must possess valid investment certificate at the time of housing transactions and must have apartments/houses built in the project. Businesses with foreign investment, represen- tatives of foreign businesses, foreign invest- ment funds and branches of foreign banks operating in Vietnam must have valid invest- ment certificate or other documents issued by the competent authorities of Vietnam for legal operation in Vietnam at the time of housing transactions. Foreign individuals permitted to enter Viet- nam must have valid passport that bears the entry seal of the Immigration authority and is not given diplomatic immunity and privileges Not required to have temporary registration or permanent registration in the place where the property is. Having full legal capacity to establish and exer- cise civil rights to perform housing transactions in accordance with the laws of Vietnam. Must be eligible to own houses in Vietnam in accordance with the Housing Law of 2014: 12
  • 13. Must be eligible to own houses in Vietnam in accordance with the Housing Law of 2014. Must have the function of providing real estate services and currently operate in Vietnam in accordance with real estate business laws if authorized to manage houses Foreigners renting houses in Vietnam must meet the regulations under Item 3, Article 119 of the Housing Law of 2014 and Article 74 of Decree 99/2015/NĐ-CP on guidelines on the Housing Law, which include: 13
  • 14. Depending on the purpose that you declared, you will get the corresponding type of visa with fixed validation duration. Visa validation duration does not affect rental duration and property types you can rent, because you can offer to extend your visa validation duration. Otherwise, when negotiating a duration term in the rental contract, you still need to consider visa valida- tion duration and the ability of extending visa duration to avoid any disputes over leasing duration. 2.2 VISA TYPE According to Article 8 of the 2014 Law on entry, exit, tran- sit, and residence of foreigners in Vietnam, there are 20 types of visas, valid from 30 days to 05 years. 14
  • 15. There are 02 ways to extend visas: To extend visa at the Immigration Depart- ments, foreigners can proceed to one of the following addresses: Hanoi: 44 - 46 Tran Phu street, Dien Bien, Ba Dinh district HCM city: 196 Nguyen Thi Minh Khai, Ward 6, District 3 Da Nang: 78 Le Loi, Thach Thang, Hai Chau, Da Nang550000 (01) requiring the support of an agency (02) working in person with the Immi- gration Department or the Immigration Offices at provincial or city police departments. 15
  • 16. Legal documents of the business Labor contract and temporary residency certificate provided by local police department (for employees) Investment certificate and intro- duction letter from the employer (for employer) Temporary residency certificate provided by police department of the area where the foreigners are residing in Vietnam To extend visa, prepare the following documents: Original passport Application form for Vietnamese visa and temporary residence extension (NA5) as stipulated Circular 04/2015/TT-BCA regu- lating specimen papers concern- ing foreigners entering, leaving and residing in Vietnam For workers, investors and businesses, the following documents are also required: 16
  • 17. At this point you need to take a look at your needs and figure out what size apartment you want to rent. Do you only need a studio apart- ment? One, two or three bedrooms? One, two or three bathrooms? The answer to this question will be highly dependent on your unique situation and how many people you plan to live within the rental. Keep in mind, larger apartments and more occupants will increase the utility usage significantly, so make sure you budget accordingly. If you like flexibility and more space, consider a condo or apart- ment. If you like privacy and good service, look for a serviced apartment. 2.3SIZE 17
  • 18. Setting a budget range is the most important step when starting out your search for a property to rent. The more crowded the area is, the higher the cost will be. You need to figure out how much you can afford to pay each month in rent and utilities. Specifically, the expenses might include: 2.4BUDGETRANGE Rent: Including the building management fee and taxes (about $300 - $400 per month for a fully-fur- nished one-bedroom apartment in the city center). Utility bills: Water bill, Electricity bill, Internet, Cable TV, etc. (usually, these cost about $64.8 per month for a person to live in urban areas like Hanoi or Ho Chi Minh City). Agency fee: If you use an agency, be aware of the fees they charge. Service charges: The landlord or building man- agement might offer you some additional services such as laundry, housekeeping or breakfast. Other living expenses: The price of food, cost of transportation or any other amenities outside of the building should be figured into your plan as well. You can find out more online about the cost of living in specific cities to aid you in creating a budget. 18
  • 19. Property managers and landlords are advised to accept rental applicants whose monthly rental payment would be equal to 30 percent of their monthly income. You should also care about the less tangi- ble aspects like envi- ronmental quality, security and fire safety, satisfaction and community atmosphere. Those might not directly affect your budget, but over time these factors may influence your quality of life and physical and mental health, lead- ing to possible finan- cial consequences. 19
  • 20. 2.5 IDEAL LOCATION The location of your apartment will great- ly impact your day-to-day life. A location in close proximity to places that you visit often can have many perks. This will decrease your commute which will not only save you money on transportation costs but will also save your precious time. With these factors in mind, select your ideal locations and a few potential backup locations and target these areas in your search. 20
  • 21. You should take into account all of your needs in priority order when searching for a property and select a few potential locations. Here are some places which should be available in your area. Workplace School Supermarket Public transportation Pharmacy Restaurant Nearby parks Cafes Nightlife Movie theaters Swimming pools Fitness clubs 21
  • 22. Someone once said: “The need for connec- tion and community is primal, as fundamental as the need for air, water or food.” And for foreigners, that need for a good community with a blended culture is the key to enjoying your new life. Now, in Vietnam, especially in large cities like Hanoi 2.6 COMMUNITY Many of the expats living in Vietnam are young, single professionals or cou- ples who have moved to experience living abroad and are using Vietnam as a base from which to explore Asia. Living in a different country with dis- tinct cultures means you have countless opportunities to experience something you have never experienced. or Ho Chi Minh, there are a lot of multi-cultural buildings with Japanese, Korean, Western, and Vietnamese residents. And you can easily choose a building that matches your lifestyle with just a little time and research. 22
  • 23. The management compa- ny plays an important role in maintaining and caring for the developer’s proper- ty while increasing the value of the assets. More- over, providing good prop- erty management to ten- ants significantly improves their quality of life. A professional property management company can assure that they will always be available and be able to meet tenants’ needs. 2.7 PROPERTY MANAGEMENT COMPANY 23
  • 24. 2.8 DESIGN Firstly, you should consider the design of the building. An intel- ligent building design can reduce energy consumption, promote healthy habits, and influence on living quality. You should consider: - Building setback - Communal open spaces - Sun-exposure and/or shaded areas in the communal outdoor space - Landscaping - Building entry and circulation - Noise levels - Energy efficiency - Waste and Recycling - Integrated water and storm water management 24
  • 25. Secondly, the property design is also what you should consider. As men- tioned above, your purpose will make an impact on your decisions. Soundproof apart- ment walls can be a good choice for business trips; floor to ceiling windows with lots of natural light or a bal- cony with panoramic city view can give you peace of mind after returning home from a hard-working day. The separation of areas such as living room, dining room and bedrooms should also be a consideration. You may not want the noise from the living room or food odors from the kitchen to affect your bedrooms. - Functional layout - Room depth - Windows - Storage - Natural ventilation - Private open spaces - Accessibility Try to choose a place that feels like your own pri- vate, comfortable nest. You should consider: 25
  • 26. 2.9 FURNITURE If you have just moved to this country, you will need a fully-furnished property where you can quickly settle down. In this case, paying attention to furniture’s condition and maybe the brand-name is quite necessary. However, you still might find some semi-furnished or unfurnished properties so that you can decorate the apart- ment yourself. There are diverse styles for you to choose from such as classic, retro, vintage, Scandinavian, minimalist, luxury, etc. Your furniture style is fully contin- gent upon your tastes. 26
  • 27. If you want to spend time working or travel- ing around rather than doing housework, you should find a property whose landlord or the management can provide not just general but also in-house services such as laundry, house- keeping, babysitting, grocery-delivery ser- vice etc. 2.10 SERVICES 27
  • 28. 2.11 AMENITIES You may move to Vietnam with your family, which presents the need to meet various needs. In order to find a property which can conform to all your requirements, you should think about whether you need certain ame- nities like a pool, fitness center, minimart or spa. If you are looking at a condo or apartment, you may find these amenities on the premises. 28
  • 29. 2.12 PETS If you are a pet owner, or potentially would want to be one, this must be part of your criteria for an apartment. Pretty much every apartment listing will state whether you’re allowed to have pets or not and what kinds of pets are allowed. Remember to never try to sneak a pet into a property where they are not allowed and apply for Pet Registration Form. 29
  • 30. Although the regulations attached with Cir- cular 02/2016/TT-BXD are only an example which apartment building management offices can use to develop the rules and regu- lations for the building they manage, these regulations are reasonable. Raising animals in apartment buildings may affect the sanita- tion of the apartment building and the safety of the residents. If the animals cause any harm or damage, the owners must compen- sate for these harms or damages. The regulations on apartment building management and use stipulated by the Ministry of Construction and attached with Circular 02/2016/TT-BXD specify that raising livestock and poultries in apartment buildings is prohibited (dogs and cats are considered live- stock according to the 2018 Law on Animal Husbandry). 30
  • 31. SEARCH FOR YOUR PROPERTY SEARCH FOR YOUR PROPERTY 03 31
  • 32. There are many websites out there today that will help you find available units according to your criteria. Online sites are our first suggestion due to their ease of use, quality features, search results and available infor- mation on potential properties. These online tools allow you to quickly find several apartments that match your criteria. Properties for rent are going on and off the market all the time so don’t feel discouraged if you can’t find some- thing right away. Take a few minutes each day for a couple weeks to search for and contact agents and les- sors. These online sites will provide all the details you need to figure out if a property is right for you and will have the contact information needed to set an appoint- ment to see it in person. 3.1 PROPERTY WEBSITES 32
  • 33. 3.2 DIRECTLY CONTACT THE LANDLORD You can get information about an apartment directly by looking for land- lords who are advertising their proper- ty themselves by some lower-tech means. In Vietnam, you may notice a sign while walking along the street or you can see many rental advertise- ments and flyers in public spaces. One of the most critical parts of renting property in Vietnam is finding a great agent to represent you. Your agent is your representative and will work to get you the best deal. While it can seem tempting to represent yourself or use the landlord’s agent, there are lots of pros to having your own agent, not least scheduling all the apartment viewings and negotiating your monthly rental fee. 3.3 REAL ESTATE AGENCY 33
  • 35. But prevention is better than cure. Before you even look for a property, a solicitor can help you decide what the terms of the tenancy will be and can build these terms into a written 'tenancy agreement' tailored to your needs. So, if you are considering renting an apart- ment in other country, finding a profes- sional local solicitor with deep knowl- edge in country laws and culture will help you avoid a lot of problems. Renting an apartment could be very risky, especially when you try to make a tenancy as a foreigner. The lease, which is often landlord biased, can impose a number of onerous obligations on Ten- ants, some of which may not be reason- able. In addition to the Lease itself, property legislation, which is affected by the local laws and culture, has a large impact on the Tenant involved with the property. The best way to avoid those problems is to take the right legal advice at the start. Solicitors can deal with all areas of property rental law and are skilled in settling disagreements. 4.1 Why Do You Need A Solicitor? 35
  • 36. 4.2 PMC Solicitor Service PMC Solicitor Service is a part a PMC, focusing on helping tenants from other countries with formal process, docu- ments, and any other legal issues that tenants might encounter during the tenancy. More specifically, our ser- vices includes: Explain the different types of tenancy agreement and iden- tify the most suitable for you. Draw up or check a tenancy agreement for you. Highlight the essential requirements and terms of your tenancy agreement. Explain any related legal issues. Warn you of any pitfalls, including advice on how to end an agreement. Give you advice on the type of tenant references to ask for. And we provide all those services on a multi-lan- guage online service as well as a 24/7 call center that will always be ready to give tenants the best advice. Representing you to negotiate the terms for your best inter- est and to carry out some legal procedures 36
  • 38. The easiest way to find a short-term property is looking online. However, this is somewhat limiting because you can only rely on the information provided on the website. Here are some tips you can use to choose the short-term rental property that meet your requirements. Look at the rating and reviews However, you should also care about the time gap in the positive reviews or the tone of the review to make sure it is legiti- mate. Double check the accommodation on Google Even though you have carefully checked the reviews, you still should Google the place, look for more information and, especially, pictures and photos. The more photos the better. That way you can better understand the layout of a property to see if it will work for your plans. A floor plan can be very helpful. Find a discount code To attract users, online sites often have a discount policy, so when you book a prop- erty you can also check out if there are any promotions. Check the landlord’s ability to provide supporting paperwork Your landlord should help you in declar- ing temporary residence for foreigners with local authorities (according to Law No. 47/2014/QH13 dated June 16, 2014 of the National Assembly on entry, exit, transit, and residence of foreigners in Vietnam). 5.1 For Short-term Tenancy (Stay Of 30 Days Or Less) 38
  • 39. 5.2 For Long-term Tenancy (Stay Of 30 Days Or More) After having a list of potential property from your search, schedule a few different appointments on the same day to get it all done at once and compare several apart- ments when they are still fresh in your mind. It will absolutely be better if you list out your requirements for the prop- erty. Maybe consider putting these into your checklist: - Clarify the parking situation - Locks, windows, and doors - Find out if appliances are pro- vided in the apartment (Air Conditioner, Fridge, etc.) - Check the water pressure - Check the internet and elec- trical stability - Ask about apartment commu- nity rules - Check the landlord’s right to rent and their ability to support tenants in dealings with local authorities 39
  • 40. Some buildings could require a minimum length of the tenancy, as the owner-occupants demand for the comfort and quietness of the residential environment. Therefore, you should consider asking the landlord (or even better- the solicitor) for the codes of your target building. + Certificate of Ownership of House (origin or copy) or authorizing paper (origin or copy) (according to Article 119 of Law No 65/2014/QH13) + Business License (Required to let foreigners rent the property) (accord- ing to Decree No. 78/2015/ND-CP) + Certificates of eligibility for fire safety (according to Appendix 2, Decree No 79/2014/ND-CP) + Certificates of Satisfaction of Secu- rity and Order (according to Decree No 96/2016/ND-CP) + Declare temporary residence for foreigners (according to Law No. 47/2014/QH13) 40
  • 41. CONDITIONS FOR FOREIGN TENANTS Having full legal capacity to establish and exercise civil rights and perform civil obligation in contract Must be eligible to own houses in Vietnam Not required to have temporary registration or perma- nent registration in the place where the property is. 41
  • 42. - Secure certificate of occupancy issued by the competent authority. - Not subject to disputes or claims about ownership. If the lessor owns the prop- erty for a definite time, the property must still be in ownership of the lessor during the time of your contract. - Not subject to any decision of land acquisition or notice of clearance and demolition of the competent authority. - Ensure quality and safety for the house lessee; have ade- quate electricity, water supply and drainage systems; ensure environmental sanitation. CHECK THE RENTAL’S CONDITIONS TO BE ABLE TO RENT 42
  • 44. Firstly, you should do some research and comparison between a few similar prop- erties to figure out the stan- dard price to expect. The overall cost could also be reduced by: - The condition of the property: do not hesitate to ask the landlord to reduce the price if the condition is not as good as you expect. - The duration of tenancy: In a lot of cases the landlords could offer some kind of discount if your tenancy is long enough. So maybe start with a short ten- ancy and negotiate to get a discount for a longer term. - Consider what kinds of service are unnecessary: Some landlords could offer you a lot of additional apartment services and charge for them such as laundry or housekeeping. They could be convenient, but also costly, so thoroughly consider which services you truly need. 6.1 COST After choosing your ideal property, you should contact the landlord directly or via the agency to negotiate: 44
  • 45. 6.2 TENANCY DURATION 6.3 UTILITY BILLS Wise choices about tenancy duration could poten- tially save you some money. However, you can have a short-term rental agreement first, to assure that property is the right place for you. Therefore, you should negotiate with the landlord about the tenancy duration and tenancy extension. For long-term tenancy, you will surely be responsi- ble for the utility bills such as water, electricity or gas, but how it would be measured and be priced should be your main concern. Some landlords could use separate water meters or charge a higher price than the regulations permit. After choosing your ideal property, you should contact the landlord directly or via the agency to negotiate: 45
  • 46. To manage the accommodation. To participate in the General Residents Meeting (according to Article 12 of Circular No.02/2016/ TT-BXD on Regulation on Management and Use of Apartment Build- ings). To extend the tenancy if needed: also notice that before the tenancy ends, the landlord must remind you to decide wheth- er to extend the tenancy or not. Deposit: This is a repayable cost, which mean you could receive a refund if none of the related terms were violated. In some cases, the deposit could be considered as a kind of bond for repairs (if needed), not just as a guarantee that the contract will be concluded. 6.4 TENANT’S RIGHTS Exchange the rented apartments with other tenants if approved with written notifica- tion by the landlord. Request the landlord to compensate for any damages caused by the landlord. Request the landlord to repair the rented apartments if there are damages to the apartments that are not caused by the tenant. The rental contract is negotiable. The tenant has the following rights: 46
  • 47. Be able to use other public utili- ties, such as swimming pools, tennis courts, parking space, fitness or recreational facilities. Enjoy other rights in accordance with the relevant laws or as nego- tiated in the contract Continue renting according to the conditions negotiated with the landlord in case there is a change of owners Lease part or all of the apartment if specified in the contract or approved with written notifica- tion by the landlord Terminate the contract unilateral- ly under certain conditions 47
  • 48. Carry out repairs. Keep the property safe and free from health hazards. Do regular maintenance of services and furniture supplied by landlord. Purchase fire insurance and other neces- sary insurances for the rented apartment; Support tenants in procedures with local authorities: Make sure that the landlord or agency can help you with legal paperwork. 6.5 LANDLORD’S RESPONSIBILITIES 48
  • 49. Maintain and repair the apartment periodically or as negotiated. If the landlord does not maintain or repair the apartment, and consequently cause harm or damages to the tenants, the landlord must com- pensate for the harm or damages that may occur. Ensure that the tenants can safely use the apartments during the renting period Perform other responsibilities as required by the relevant laws or as negotiated 49
  • 51. In order to compare the condition of the property before and after renting, you should take pictures as proof. You can avoid having to compensate for damage to the house which was not your fault. TAKE PICTURES AS PROOF OF PROPERTY’S CONDITION 51
  • 52. CAREFULLY CHECK THE INFORMATION IN THE CONTRACT including the following: Form of tenant contract The content of the tenant contract Description of the housing transfer Payment Rights and responsibilities of the contract parties Violate the contract Terms of unilateral ending of the tenancy Duration Deposit term 52
  • 53. In accordance with the Housing Law of 2014, tenant contract must be made into written documents, but don’t have to be notarized. The purpose of making written contract is to protect the benefits of all parties involved. For tenant contract sample, refer to Decree 76/2015/NĐ-CP on guidelines for law on real estate trading. TENANT CONTRACT FORMAT 53
  • 54. Clause 5 of Article 121 of the Housing Law stipulates that a tenant contract must include the following information: Full name or title of the parties involved (individuals or orga- nizations) Description of the housing transfer The price of the housing trans- fer if the parties involved negotiate on the price. If the price is regulated by local authorities, then this regula- tion must be followed; Deadline and methods of pay- ment Deadline for housing transfer and renting duration Rights and responsibilities of the parties involved; Covenants of the parties involved; Other agreements; Effective date; Date of signing contract; Signature and full names of the parties involved. If the parties are organizations, seal (if avail- able) and position of the signer must be provided. CONTENT OF THE TENANT CONTRACT Note: Although the law stipulates that the tenant contract must contain these contents, the parties can add additional provisions on dispute resolution or provisions of governing law. Because the tenant contract is signed between a foreigner, a Vietnamese organization or other indi- viduals, therefore all the parties should make provisions on governing law in order to reach an agreement if any dispute occurs. 54
  • 55. This must be described in detail in the contract. In the tenant contract, the parties involved must specified the characteris- tics, location, quantity and con- dition of the house/apartment. Describing the house/apart- ment in full and detail will help the parties involved to protect their rights and perform their responsibilities. The content of the tenant contract must conform to Clause 5, Article 121 of the Housing Law of 2014. The par- ties involved must also pay attention to the following points when negotiating and making contracts : DESCRIPTION OF THE HOUSE/APARTMENT For example: The tenant may require the landlord to handover the house/apartment that retains the shape, quality and condition as specified in the contract, in case the landlord fails to handover the house/apartments as specified in the agreement between both parties. 55
  • 56. PAYMENT All transactions, payments, listings, advertise- ment, etc. cannot be executed in foreign currency in any form, directly or indirectly. In other words, payment to costs and services from Vietnam should be in VND while payment to costs and services from outside Vietnam can be in other currencies. Thus, a contract for services in Vietnam shall be void if the price in it was noted in or anchored in a foreign currency. 56
  • 57. In addition, all transactions executed in foreign currency, if noticed by the authorities, will be fined. When the contract is void, the parties involved must return to each other what they have received before the contract is negotiated. Therefore, the parties involved should negotiate and pay in Vietnamese Dong to avoid any legal issues that may arise. * Key contract terms are understood as the core, irreplaceable terms for each contract. When a contract lacks key contract terms, the contract is considered incomplete and the parties involved can’t negotiate the contract. 57
  • 58. Decree 88/2019/NĐ-CP Circular 14/VBHN-NHNN Ordinance 06/2013/PL-UBTVQH13 dated November 14, 2019 regulating penalties for administrative violations in monetary and banking sector dated April 04, 2019 on guidance to restrict foreign exchange in Vietnam amending and supplementing a number of arti- cles on foreign exchange control Legal framework *For reference: Resolution 04/2003/NQ-HĐTP of the judges’ council of the supreme peoples’ court guiding the application of a number of law provisions to the settlement of economic cases (no longer in effect but can be used as refereced) 01 02 04 03 Ordinance 28/2005/PL-UBTVQH11 of the standing committee of the National Assembly dated December 13, 2005 on foreign exchange control 58
  • 59. The rights and responsibilities of the parties involved are based on the contents and value of the contract, and the legitimate ben- efits which the parties involved have agreed upon. These articles may be a repetition of the responsibilities and pledges defined in the previous articles and may include extra legally binding articles if deemed nec- essary by the parties involved. Defining the rights and responsi- bilities of the parties involved will help the landlord and tenant to understand what rights each party has or what responsi- bilities each party must perform for one another. RIGHTS AND RESPONSIBILITIES OF THE PARTIES INVOLVED 59
  • 60. Pay the costs late; Violate the terms of health; fire safety; public security; environment; etc. in contract; Use incorrect personal information for any illegal purposes; Not completed other obligations in contract; Repair or renovate the apartment with- out prior notice Increase the renting costs without prior notice Other violations as regulated in the contract VIOLATE THECONTRACT When a party violates its obligations seriously, the other party has the right to terminate unilat- erally the contract without any compensation for damage. The party who ends the contract must notify the other party immediately of its termination of the contract The aggrieved party shall receive a compensa- tion for damage caused by the violating party hoặc một khoản tiền phạt nếu trong hợp đồng thuê nhà hai bên có thỏa thuận về phạt vi phạm hợp đồng. The party unilaterally terminate the contract must inform the other party at least 30 days in advance, unless other agreements are in place. This regulation will ensure that the tenant has enough time to pack their belongings and find a new place to stay. TERMS OF UNILATERAL ENDING OF THE TENANCY 60
  • 61. After the duration, each of party can offer to extend the lease expires. With the duration extension, the parties can negoti- ate to modify the terms as desired. DURATION The duration of the contract is defined and agreed upon by the parties involved. In case of open-ended con- tract, the contract shall terminate after 90 days. This is an important term to carry out the con- tract. The parties involved should identify clearly the effective date, duration (duration for goods deliv- ery, service implementation, etc.) and termination date of the contract. 61
  • 62. A security deposit equivalent to 1–3 months’ rent is given to the landlord. When you move to a new residence, the money is used to pay any outstanding rent, make repairs and clean the house/apartment as necessary. At the termination of the lease, landlord may refund the deposit to the tenant within 5 business days after moving out. The landlord has a reason to settle the outstanding amount of rent or other claims in relation to the tenant, as compensation for lost keys, not completed final cleaning or other damages caused by the tenant. D EPO SIT TERM 62
  • 63. your behalf to provide expert information about the property and will advise you on any risks or implications of a purchase. Although you will keep a legal copy of the contract, you should make and keep another copy for yourself in case of emergency, for example lost or torn copies. 7.1 GET SUPPORT FROM AGENCY OR LAWYER IF NEEDED You should seek independent legal advice from a solicitor. A solici- tor will act on 7.2 MAKE AND KEEP A COPY OF ANY CONTRACT YOU SIGN 63
  • 65. Rent a moving company to load, transport and unload your possessions. Rent a moving truck: If you have already lived in Vietnam for a while, you will have a lot of belong- ings. Renting a moving truck is a good way to deliver your stuff to the new property. 8.1 Moving Tips Strategically pack your belongings by room, label every- thing clearly in order to maximize space and protect items from damage. Ask friends and family to help for a fast and low-bud- get moving option. 65
  • 66. 8.2 Explore The Building For a convenient and safe life, you should ask the building manager for a building tour. It is essential for you to understand the design of the build- ing, you must know the location of fire escape ladder and fire extin- guisher to be prepared in case of fire. Firstly, you together with the landlord should make a list of landlord’s belong- ings. After that, you may want to buy more furniture, kitchen appliances, and decorations to make your property cozier and more practical. The cheap- est way is buying or swapping items in the Expats online groups. Or you can buy new items from interior décor stores. You should ask your landlord or search on the internet for highly-rated furniture stores. 8.3 Buying Furniture 66
  • 67. You will have the support from your land- lord on temporary resident declaration for the local authorities and Building Management Office (if any) In accordance with the 2014 Law on entry, exit, transit, and residence of foreigners in Vietnam, the person who directly manage and operate the accom- modation facilities is responsible for filling the temporary residency form for foreigners. For this reason, you must provide the following documents to the person who directly manage and operate your accommodation facilities Get support from solicitor: You can seek advice from a solicitor or authorize a solicitor to register with local authorities and Building Management Office - Passport - Visa (if any) - Other papers that verify your identity 01 02 8.4 Register With Local Authorities And Building Management Office According to the Housing Law 2014, if the leaseholder is a foreigner, it is necessary that the person must be eligible to own houses in Vietnam as stipulated in Article 159 of the Law on Housing 2014. 67
  • 68. 8.5 Explore The Neighborhood Last but not least, when you change your address, you should inform others in order to in case of emer- gency. You should inform: It is important to get to know the neighborhood. Have a walk around the area and remember every place you might need like bus stops, grocery stores, banks, pharmacies, coffee shops or gyms. 8.6 Informing Address Change Family and friends Current employer (in case of emergency and for tax docu- ments) Financial institutions (bank, billing addresses) Educational institutions Subscription services 68
  • 70. You should make yourself a list of useful contact including addresses and phone numbers in case of emergency. The list should include: Building Management Office Building Owner’s Committee Solicitor Real estate agency Landlord Your country’s embassy Police station Hospital Pharmacy Bank … 9.1List of contact 70
  • 71. 9.2Transportation You will need to go from place to place every day. Therefore, ask your landlord for the most convenient and affordable transportation. You can use: Bus: This is the most budget transportation in Vietnam. If your property is near a bus stop, this can be a good choice. Metro: Hanoi and Ho Chi Minh city are 2 cities with ongoing metro projects. Although they are still under construction, the sky- train will be fast and convenient and is slated to begin limited oper- ations in Summer 2019. 71
  • 72. Bicycle (rental or purchase): You may want to include some suggestions about bicycles because many Tays like to exer- cise while commuting or want a green mode of transportation Taxi/ Motorbike Taxi: You should book a taxi/ bike taxi via an approved app to assure the fare and safety. Rental vehicle: If you have an international driving license, you can convert it at the local authority to legally rent a vehicle. 72
  • 73. If you don’t pay the rent, you can be evicted from the apartment due to a breach of the tenancy contract. As for utility bills, you should pay on time to avoid interruptions in service. 9.3Pay Rent And Bills On Time 9.4 Maintain The Condition of Your Property It is important to maintain the move-in condition of any appliances and furniture. It is not only about your obligations as mentioned in the con- tract, but also about your convenient stay in the property. You should get your landlord’s permission before attempting repairs or decorating. 73
  • 74. Financial problems: Speak to your landlord as they may be able to help and are likely to be more sympathetic if you talk to them about any difficulties early on. The building is in an unsafe condition (in- security, disrepair, health hazards, etc.): You should tell your landlord to get support from the local authority or other service pro- viders. Unhappy with the quality of management: You should deliver your feedback to customer service in person or via the hotline. Your com- plaints will be valued and will improve the service quality. 9.5If Things Go Wrong 74
  • 75. As the Vietnamese proverb says: “Better a neighbor nearby than a brother far away”. We believe that strong relation- ships among neighbors can make for a better living environment where people are willing to share and help each other. We focus on building and developing community relationships through meet- ings, events, social media, and so on. Therefore, you should begin participat- ing in the building’s community as soon as you move in. 9.6 Connect With The Community 75
  • 76. As mentioned above, according to Vietnamese law, you have the right to attend the General Residents’ Meet- ings. This is an opportunity for you not only to enhance your relationships with other residents in the building but also to give opinions about the building ser- vices, facilities and other problems. The Building Owner’s Committee and Building Management Office will be in charge of solving these problems to improve residents’ quality of life. Foreigners renting apartments are con- sidered individuals using apartment buildings, in accordance with Circular 02/2016/TT-BXD on management and use of apartment buildings. Individuals who use apartment buildings are enti- tled to join the residential meetings to decide on the Owner’s Committee members, facilities, services and other issues pertaining to the apartment buildings. As we understand the difficulties for foreigners who are fresh off the plane, the PMC team has provided a list of services for resi- dential buildings to make your life in Vietnam more comfortable. Our service is listed in Overview. 9.7 General Resident’s Meeting 9.8 Residential Services 76
  • 77. 10 EXTEND THE TENANCY 10.1 Advance Notice 10.2 Get Support From Solicitor 10.3 Lease Extension Addendum 77
  • 78. 10.1 Advance Notice If you want to extend the ten- ancy, make sure to notify the landlord at least one month before the end of the contract. Failure to notify may result in the loss of renting rights to that property in the event that a new tenant has already leased it for the upcoming period. After your first tenancy, you or the landlord may want to change the cost of rent or some rights and responsi- bilities in the signed lease agree- ment. Therefore, you should ask for help from your solicitor in order to strike the most reasonable deal. 10.2 Get Support From Solicitor 78
  • 79. The Lease Extension Addendum allows a lease agreement to continue past the previously estab- lished end date. Every change shall be mentioned in this addendum. The addendum must be signed by both the landlord and tenant and must be attached to the original lease agreement. 10.3 Lease Extension Addendum 79
  • 80. AT THE END 11 OF THE TENANCY 11.1 Liquidation Agreement 11.2 Clean Up 11.3 Keep In Touch With The AgencyAnd Solicitor For Further Information Or Services 11.4 Finalize Any Extra Rent And Bills 11.5 Take BackThe Deposit 80
  • 81. A Liquidation Agreement is an agreement which is used to put an end to the tenancy. This agreement can make the process easier. With this document, you and the land- lord can settle things fairly. Maybe you will come back to Viet- nam in the future for another vaca- tion or on business. Having a trust- worthy agency and solicitor can help you a lot in finding a suitable accom- modation for your stay later on. 11.1 Liquidation Agreement 11.2 Clean Up 11.3 Keep In Touch With The Agency And Solicitor For Further Information Or Services The apartment should be cleaned before handover to the landlord. You can clean the apartment yourself or use a house- keeping service for pro- fessional deep cleaning. 81
  • 82. All of the aforementioned items need to be done prior to your move-out inspection so that you can receive your full deposit back. Try to be present when the property is checked to determine whether any of the tenancy deposit should be deducted to cover damage. Use the pictures you took upon move-in as proof, if needed. Make sure that your rent pay- ments are up to date. Do not keep back rent because you think that it will be taken out of the deposit. And do not leave bills unpaid. 11.4 Finalize Any Extra Rent And Bills 11.5 Take Back The Deposit 82
  • 84. Appendix 1 Decree No. 56-CP Residing Abroad Sample text Article 5: A foreigner renting a house for lodge must have a legal permit of temporary residence in Vietnam for six months and more. If he/she rents a house as the headquarter of a representative office or com- pany branch, or as an establishment for business activities, he/she must have a permit to establish the representative office, the company branch or for investment cooperation in Vietnam issued by the authorized agency of Vietnam. On Promulgating the Regulation on leasing houses in Vietnam to Foreigners and Vietnamese 84
  • 85. On entry, exit, transit, and residence of foreigners in Vietnam Law No. 47/2014/QH13 Article 8: Visa Symbols NG1 - To be granted to members of delegations invited by the Secretary General of the Communist Party of Vietnam’s Central Committee, the President, the Chairperson of the National Assembly or the Prime Minister. NG2 - To be granted to members of delegations invited by the Standing Body of the Communist Party of Vietnam’s Secretariat, Vice Presidents, National Assembly Vice Chairpersons, Deputy Prime Ministers, the President of the Vietnam Fatherland Front’s Central Committee, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, or the State Auditor General; members of delegations invited by minis- ters and the equivalent post holders, secretaries of Party Committees of provinces and centrally run cities or chair- persons of People’s Councils and People’s Committees of provinces and centrally run cities. NG3 - To be granted to members of diplomatic missions, consular offices and representative offices of international organizations affiliated to the United Nations, representa- tive offices of intergovernmental organizations and their spouses, under-18 children and housemaids who live with them during their terms of office. APPENDIX 2 85
  • 86. NG4 - To be granted to people who come to work with diplomatic missions, con- sular offices, representative offices of international organizations affiliated to the United Nations and representative offices of intergovernmental organizations; visitors of members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the United Nations and representative offices of intergovernmental organizations. LV1 - To be granted to people who come to work with departments, agencies and units under the Communist Party of Vietnam’s Central Committee, the National Assembly, the Government, the Central Committee of Vietnam Fatherland Front, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit of Vietnam, ministries, ministerial-level agencies, government-attached agencies, People’s Councils and People’s Committees of provinces and centrally run cities. LV2 - To be granted to people who come to work with socio-political organiza- tions, social organizations and the Vietnam Chamber of Commerce and Industry. ĐT - To be granted to foreign inves- tors in Vietnam and foreign lawyers practicing in Vietnam. DN - To be granted to people who come to work with Vietnam-based enterprises. NN1 - To be granted to heads of repre- sentative offices or projects of interna- tional organizations and foreign non-governmental organizations in Vietnam. NN2 - To be granted to heads of repre- sentative offices or branches of foreign traders, representative offices of other foreign economic, cultural, profes- sional organizations in Vietnam. APPENDIX 2 Article 8 86
  • 87. NN3 - To be granted to people who come to work with foreign non-governmental organizations, representative offices or branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam. DH - To be granted to people who come to practice as probationers or study in Vietnam. HN - To be granted to people who come to attend confer- ences or workshops. PV1 - To be granted to permanent correspondents and journalists in Vietnam. PV2 - To be granted to correspondents and journalists who come to work for a short term in Vietnam. LĐ - To be granted to people who come to work. DL - To be granted to tourists. APPENDIX 2 Article 8 TT - To be granted to foreigners who are par- ents, spouses, under-18 children of foreigners holding LV1, LV2, ĐT, NN1, NN2, DH, PV1 or LĐ visas, or foreigners who are parents, spouses or children of Vietnamese citizens. VR - To be granted to people who come to visit their relatives or for other purposes. SQ - To be granted to people in the cases pre- scribed in Clause 3, Article 17 of this Law. 87
  • 88. APPENDIX 2 Article 9 1. An SQ visa is valid for at most 30 days. 2. An HN visa or a DL visa is valid for at most 3 months. 3. A VR visa is valid for at most 6 months. 4. An NG1, NG2, NG3, NG4, LV1, LV2, DN, NN1, NN2, NN3, DH, PV1, PV2 or TT visa is valid for at most 12 months. 5. An LĐ visa is valid for at most 2 years. 6. A ĐT visa is valid for at most 5 years. 7. Those whose visas have expired may be considered for grant of new visas. 8. The validity duration of a visa granted to a person must be at least 30 days shorter than that of his/her passport or inter- national travel document. Article 9: Validity Duration Of Visas 88
  • 89. APPENDIX 2 Article 31: Temporary Residence Permit 1. The immigration unit shall issue temporary residence permits to foreigners by appending a seal in their passports or separate visas with the following time limits: a) The duration of the certificate of temporary residence is the same as the duration of the visa. If the duration of the visa is no longer than 15 days, the duration of the temporary residence permit shall be 15 days. If the visa symbol is ĐT or LĐ, the duration of the temporary residence permit shall not exceed 12 months, and the issuance of a temporary residence card shall be considered. b) For the persons granted visa-free entry under international agreements to which Vietnam is a signatory, the duration of temporary residence permit shall comply with such international agreements, or shall be 30 days if it is not specified by the international agreements; c) For the persons visa-free entry to a checkpoint economic zones, the dura- tion of temporary residence permit shall be 15 days, and 30 days for those granted visa-free entry to special administrative - economic units. d) The duration of temporary residence permits issued to nationals of the countries to which Vietnam grants visa-free entry shall be 15 days; e) Temporary residence permits shall not be issued to foreigners who have unexpired permanent residence cards or temporary residence cards. 2. Foreigners may temporarily reside in Vietnam throughout the duration of the temporary residence permit issued. 3. The time limit for temporary residence may be shortened or invalidated by the immigration authority when the foreigner violates Vietnam’s law. Article 31 89
  • 90. Article 32: Temporary Resi- dence Permit Lodging establishments are places where foreigners tempo- rarily reside within Vietnam’s territory, including lodging establishments for tourists, guesthouses, housing areas for foreigners who work, study, or serve their internship in Viet- nam, medical facilities, private houses, and other lodging establishments defined by law. Article 33: Declaration Of Temporary Residence 1. Any foreigner that temporary resides in Vietnam must, via the manager of the lodging establishment, declare his/her temporary residence at the local police authority. 2. The manager of the lodging establishment shall complete the declaration form and submit it to the local police authority within 12 hours (or within 24 hours if the administrative division is in a remote area) since the foreigner arrives at the lodging estab- lishment. 3. Lodging establishments that are hotels must have Internet access or connect to the computer network of the immigration authority affiliated to the provincial police authority to transmit foreigners’ declarations of temporary residence. Other lodging establishments that have Internet access may directly send the foreigners’ declarations of temporary residence to the email address of the immigration authority affiliated to the provincial police authority. 4. Any foreigner that changes his temporary residence or resides at a place other than that written in the tem- porary residence card must submit a declaration of temporary residence as prescribed in Clause 1 of this Article. APPENDIX 2 Article 32; 33 90
  • 91. Article 34: Temporary Residence In Industrial Parks, Export-processing Zones, Checkpoint Eco- nomic Zones, Coastal Economic Zones, Bordering Areas, And Special Administrative - Economic Units Foreigners may reside in lodging establishments in industrial parks, export-processing zones, checkpoint economic zones, and coastal economic zones, and shall declare their temporary residence in accordance with Article 33 of this Law. Foreigners must not temporarily reside in prohibited areas, areas in bordering areas on land where activi- ties are suspended, prohibited zones, and restricted areas in bordering areas at sea. Foreigners may reside in lodging establishments in industrial parks, export-processing zones, checkpoint economic zones, and coastal economic zones, and shall declare their temporary residence in accordance with Article 33 of this Law. Agencies that receive declarations of tempo- rary residence of foreigners shall notify the border guard stations in the same administrative division where the lodging establishment is situated. APPENDIX 2 Article 34 91
  • 92. Article 35: Extension Of Temporary Residence 1. Any foreigner who is temporarily residing in Vietnam and wishes to have the temporary resi- dence status extended must request the inviting entity to follow the procedures at an immigration authority or a competent authority of the Ministry of Foreign Affairs. 2. The inviting entity mentioned in Clause 1 of this Article shall directly send the written request for extension of the temporary residence status enclosed with a passport or laissez-passer of the foreigner to the competent authority of the Minis- try of Foreign Affairs in the cases mentioned in Clauses 1, 2, 3, and 4 of Article 8 of this Law, or at the immigration authority in the cases mentioned in Clause 1 of Article 16 of this Law. 3. Within 05 working days from the receipt of suffi- cient documents, the immigration authority or the competent authority of the Ministry of Foreign Affairs shall consider extending temporary resi- dence status. Article 36: Cases Issued With Temporary Resi- dence Cards And Symbols 1. Foreigners being members of diplomatic mis- sions, consular offices, representative offices of inter- national organizations of the UN, intergovernmen- tal organizations in Vietnam, their spouses, children under 18 years of age, and housemaid that go along during their term of office shall be issued with tem- porary residence cards with the symbol NG3. 2. Foreigners issued with LV1, LV2, DT, NN1, NN2, DH, PV1, LD, TT visas shall be issued with tempo- rary residence cards with the same symbols. APPENDIX 2 Article 35; 36 92
  • 93. Article 37: Procedures For Temporary Residence Issuance 1. An application for the temporary residence card consists of: a. A written request from the inviting entity; b. A declaration bearing a picture; c. The passport; d. Papers proving the status mentioned in Article 36 of this Law. 2. An application for a temporary residence card shall be processed as follows: a. The diplomatic mission, consular office, or another agency authorized by the foreigner in Vietnam shall send the application for the NG3 temporary resi- dence card to a competent authority of the Ministry of Foreign Affairs; b. The inviting entity shall directly submit the application for issuance of the temporary residence card to the foreigner to the immigration authority in the same administrative division in which the inviting entity is based or residing. c. Within 05 working days from the receipt of sufficient documents, the immi- gration authority or the competent authority of the Ministry of Foreign Affairs shall consider issuing the temporary residence card. Article 38: Duration Of Temporary Residence Cards 1. The duration of a temporary residence card is at least 30 days shorter than the remaining duration of the passport. 2. The duration of a NG3, LV1, LV2, ĐT or DH tempo- rary residence card shall not exceed 05 years. 3. The duration of a NN1, NN2, TT temporary resi- dence card shall not exceed 03 years. 4. The duration of a LĐ or PV1 temporary residence card shall not exceed 02 years. 5. Expired temporary residence cards may be extended. APPENDIX 2 Article 37; 38 93
  • 94. 1. Any entity who sells, leases, leases and sells housing, transfers agree- ments on commercial housing sale, gives, exchanges, bequeaths, mort- gages, lends, permit to stay in housing, or authorizes housing manage- ment must satisfy the following requirements: a. He/she is the homeowner, or the person permitted and authorized by the homeowner to enter into housing as prescribed in this Law and law on civil; if the agreement of commercial housing is transferred, he must be the buyer for housing of the investor or the transferee of the agree- ment on housing sale. b. If the entity is a person, he must have full civil capacity to enter into transactions in housing as prescribed in Law on Civil; if the entity is an organization, it must have legal personality, except for the organization giving house of gratitude. Article 119: Requirements Pertaining To Parties In The Housing Transactions APPENDIX 3 On Housing Law No 65/2014/QH13 94
  • 95. 2. If the entity who buys, rents, rents and purchases housing, or receives agreements on commercial hous- ing sale, receives housing exchange, gives, inherit housing, receives housing as capital contribution or mortgage, borrows, or stays in housing, or is autho- rized to manage housing is a person, he/she must satisfy following requirements: a. If the entity is a Vietnamese person, he/she must have full civil capacity to enter into transactions in housing as prescribed in law on civil and he/she is not required to register permanent residence in the place where the house under transactions is located. b. If the entity is a foreign person, or an oversea Viet- namese, he/she must have full civil capacity to enter into transactions in housing as prescribed in Viet- namese law, qualify for the homeownership in Viet- nam as prescribed in this Law and he/she is not required to register temporary or permanent resi- dence in the place where the house under transac- tions is located. 3. If the entity who buys, rents, rents and purchases housing, or receives agreements on commercial hous- ing sale, receives housing exchange, gives, inherit housing, receives housing as capital contribution or mortgage, or is authorized to manage housing is an organization, it must have legal personality regardless of place where it sets up or registers business; if the entity is a foreign organization, it must qualify for the homeownership in Vietnam as prescribed in this Law; if it is authorized to manage housing, it must provide real estate services and run business in Vietnam as prescribed in Law on Real Estate Trading. 95
  • 96. APPENDIX4 On Enterprise Registration 1. Business household owned by an individual, a group of individu- als being Vietnamese citizens from 18 years of age or older, has full civil capacity, or owned by a household may only register one busi- ness location, employs fewer than 10 employees, and takes responsi- bility for the business operation with all of their property. 2. Households engaged in agriculture, forestry, aquaculture, salt pro- ductions, street vendors, nomadic businesspeople, and service pro- viders earning low revenues are not required to registered, except for conditional business lines. The People’s Committees of provinces shall specify the low revenues applied within their provinces. 3. Any business household that hires 10 employees or more must apply for enterprise registration as prescribed. Article 66: Business Household Decree No. 78/2015/ND-CP 96
  • 97. The individual, group of individuals, or representative of the house- hold shall submit the application form for business household reg- istration to the business registration authority of the district where the business location is situated. Content of application form: Article 71: Procedures For Business Household Registration a. Name, address, phone number, fax number, email address (if any) of the business household; b. Business lines; c. Capital of employees; d. Full names, signatures, residences, numbers and dates of issue of unexpired ID cards or passports of individuals establishing the business household (if the business household is established by a group of indi- vidual) or of the individual (if the business household is established by a individual), or representative of the household (if the business household is established by a household). The application form must be enclosed with legitimate copies of the unexpired ID cards or passports of individuals in the business household or representative of the household, and a legitimate copy of the minutes of meeting of the group of individuals on establish- ment of the business household (in case the business household is established by a group of individuals). 97
  • 98. 1. Dormitories, hotels, working offices, leased office building of 7 stories or more. 2. Establishments manufacturing or processing gasoline, oil, liquefied gas and chemicals, which are easily flam- mable, explosion-prone, of all sizes. 3. Establishments producing, processing, supplying, preserving and using industrial explosives. 4. Petroleum depots with a total volume of 500 m3 or more, liquefied gas depots with a total weight of 600 kg or more. 5. Gasoline, oil or liquefied gas stores. 6. Solid or semi-solid marketplaces with a total business space of 1,200 m2 or more or with 300 business house- holds or more, trade centers, supermarkets, department stores with the total area of pavilions of 300 m2 or more or with a total volume of 1,000 m3 or more. 7. Thermo-electric power plants of a capacity of 100,000 kW or higher, hydro-electric power stations of a capaci- ty of 20,000 kW or higher, transformer stations of 220 kV or higher. (Promulgate together with the Government’s Decree No.35/2003/ND-CP) List Of Establishments Requiring The Certificates Of Full Satisfaction Of Fire Prevention And Fighting Conditions Before Being Put Into Operation APPENDIX 5 98
  • 99. 1. Heads of enterprises, branches or representative offices and lawful representatives at law of business establishments subject to security and order conditions must possess good morality, clear personal history and not fall into the cases defined in Article 3 of this Decree. Article 4: Conditions for dealing in production and business lines subject to security and order conditions APPENDIX 6 On Providing For Security And Order Conditions For A Number Of Conditional Pro- duction And Business Lines Decree No. 72/2009/ND-CP 2. Business establishments subject to security and order conditions may conduct business activities only after being granted certificates of full satis- faction of security and order conditions by com- petent public security bodies. 3. Only Vietnamese individuals and organiza- tions in the country may produce seals. Only establishments of the People’s Army or the Peo- ple's Public Security may produce and deal in the repair of support tools and the repair of hunting guns. 4. Production and business lines subject to secu- rity and order conditions must not lie within restricted areas under law. 99
  • 100. 1. For developments with one owner, the General Resi- dents Meeting is the committee of the owner’s representa- tives and residents. 2. For development with many owners, the General Resi- dents Meeting is a conference of representatives of subsidi- ary proprietors or current residents if the subsidiary pro- prietor does not attend (including the case of an apartment that has been handed over or other area in the apartment, but has not yet paid all the money to the developer, except in the case of termination of the contract of purchase, sale, hire purchase of apartments). 3. General Residents Meeting have the right to decide on contents related to the management and use of develop- ment under the provisions of Article 102 of the Housing Law and the provisions of this Regulation. Residents are subsidiary proprietor who are directly using apartments or organizations, households, individuals that are legally using apartments and other areas in condominiums in the form of renting, borrowing, staying in, autho- rized to manage or use under decisions of compe- tent agencies. APPENDIX 7 On Regulation On Management And Use Of Apartment Buildings Circular No.02/2016/ TT-BXD Article 12: General Residents Meeting Article 3: Interpretation Of Terms 100
  • 101. APPENDIX 8 Handover Checklist - If there are ceiling fans, are they all working? Are there any broken fan blades? - Does the thermostat work? Check both the heat and air conditioning. Also check filters and vents to make sure they are clear of obstructions. - Are there any broken blinds? - What is the condition of the carpets? Are there any stains? Is it worn? - Is it clean in general? - Do all the burners on the stove work? Are all heating elements in the oven working properly? If it is a gas range, are there any leaks in the line? - Inspect the refrigerator, freezer, dish- washer and garbage disposal, both for cleanliness and to make sure they are all working. - Check the faucet to make sure it works and doesn’t leak. - Are there any broken shelves or hang- ing racks in the closet? - Does the room smell of mold or mildew? Check the room itself as well as the closets. - If it is a furnished apartment, is the mattress clean? Is the bed sturdy? - Are the walls clean? Are there any stains that could indicate water damage or mold? Is there cracked plaster? - Are all the electrical outlets working? - Check the circuit breaker box, both so you know where it is and to see whether it is in good repair. - Are all smoke detectors working prop- erly? Make sure there is a smoke detec- tor installed in each bedroom and out- side of all sleeping areas. - Do all the light fixtures work? Flip the lights on and off in each room to make sure. General Kitchen Bedrooms 101
  • 102. - Is the toilet working as it should? Flush it once or twice and make sure it drains and fills properly. Watch and listen for leaks or other problems. - Is the shower or tub working? Make sure you know how to change the hot and cold water in the shower and if you don’t, just ask. - Is there any mold on the tiles, ceilings or walls? - Is the faucet working properly? Are there any leaks? - Is the pipe under the sink leaking? Bathrooms - Are all door locks working properly? Are all exterior doors sealed properly? - Do exterior lights work properly? - Do the windows close and lock as they should? - Does each of the windows have a screen? Are the windows reasonably clean? - Are there any leaks in the windows where you could lose cold or warm air? Exterior & Building Security - Make sure the water heater and air conditioner are not leaking. Even if they aren’t wet, look for water stains; they may not have been in use recently. - Check the washing machine and dryer for any visible blockage. - Check the floor for water stains where the washer may have leaked. Also check for mold. Other 102
  • 103. Dining table Chairs APPENDIX 9 Apartment Checklist DINING AREA Coat rack Doormat Couch / Sofa Cushions Chairs Coffee table TV / Media unit Bookcase / Shelf Floor lamp TV Speakers DVD / Media player Power socket Curtains / Blinds LIVING AREAENTRANCE 103
  • 104. Appliances Fridge / freezer Microwave Oven Kettle Toaster Coffee machine Dinnerware Plates Side Plates Bowls Deep plates Serving Bowl Oven / Serving Dish Coffee Mugs Teacups Flatware set Knives Forks Spoons Teaspoons Knife Cutting board Glassware Wine glasses Water glasses Pitcher / carafe KITCHEN Cookware Frying pan Wok Pot with lid Saucepan Cleaning / Dishes Dishwashing brush Dishwashing tub Dish rags Towels Dish drainer Paper towel holder Viscose cloths Dish soap Garbage can Garbage bags Kitchen utensils Serving spoon Ladle Spatula Whisk Tongs Peeler Scissors Bottle opener Corkscrew Colander Measuring cup Other Food containers Jars Spice Rack Bin Oven Mitts Cutlery Tray 104
  • 105. Desk (with drawers) Desk light Bookshelf Desk chair OFFICE / STUDY AREA Mattress Duvet Duvet covers Bed sheets Pillows Pillowcases Wardrobe / closet Curtains Alarm clock Clothing hangers Night table / shelf Night light Chair Under-bed storage boxes SLEEPING AREA / BEDROOM Bathmat Mirror Medicine cabinet Towel holder Towel rail Bath towels Hand towels Shower shelf / caddy Hair dryer Waste bin Shelves Soap holder / dispenser Soap Shampoo Shower Gel Toothpaste Toothbrush BATHROOM 105
  • 106. Toilet brush Toilet paper Toilet paper holder Toilet plunger Waste bin Air freshener Soap Towel TOILET Vacuum cleaner Broom Dustpan Bucket Mop Cleaning Cloths Sponges Cleaning gloves All-purpose cleaner Bleach Toilet Cleaner Window Cleaner Glass Wipes Stepping Stool CLEANING Washing machine Laundry basket Drying rack Detergent Iron Ironing Board LAUNDRY Smoke detector BBQ facilities OTHER 106
  • 107. - Refer to the apartment inspection check- list your landlord gave you when moving in - Review this checklist and customize it, creating a list of everything you need to do before leaving APPENDIX 10 Move-out Checklist GETTING STARTED ALL ROOMS - Restore walls to their previous condition. Remove nails/hooks and fill in holes. - Dust everything, especially high shelves, ledges, exhaust fans and ceiling fixtures. - Clean the windows. - Wash windowsills, walls and baseboards. - Don't forget to clean things such as door- knobs, light switches and outlet covers. - Make sure floors are clean, including removing carpet stains. Have professionals deep clean the carpet if possible. - Remove cobwebs. - Replace any burned-out light bulbs. 107
  • 108. - Scrub bathroom tiles. - Bleach grout in the shower/tub. - Clean the toilet. Replace the toilet seat if necessary. - Clean out all cabinets and drawers, including removing liners. - Wipe down and disinfect all countertops and plumbing fixtures. - Make sure the mirror is clean and spot-free. - Clean out the refrigerator as thoroughly as possible. Remove the drawers (if necessary) to reach everywhere. - Scrub the stove, including the oven, all drip pans and burners. - Sweep behind appliances. - Clean and disinfect countertops. - Polish the sink and faucet. - Dust, vacuum and mop after furni- ture has been removed. - Mop from the furthest point in the apartment out to the door just before you leave. BEDROOMS / LIVING ROOM KITCHEN BATHROOMS 108
  • 109. - Sweep out your garage and remove all belong- ings. - Cut the grass and pull weeds if that is your responsibility. - Remove anything that you stuck in the ground or hung from a tree. - Schedule a final walkthrough with the land- lord and refer to the inspection checklist. - Ask for a copy of the final inspection for your records. - Leave your keys in the location specified by your landlord. - Turn off all lights before leaving the apartment for the final time. FINAL STEPS OUTSIDE 109
  • 110. APPENDIX 11 INFORMATION FORM FOR A TEMPORARY RESIDENT CARD 110
  • 111. Ha Noi: Đa Nang: HCM: Floor 21, VNPT Tower, No. 57 Huynh Thuc Khang Str., Dong Da Dist. No. 36 Tran Quoc Toan Str., Hai Chau Dist. Room 505, No. 42 Pham Ngoc Thach, Dist. 3. APARTMENT RENTAL GUIDE 0904 615 855 www.pmcweb.vn IN VIETNAM