A lease in Da Nang is usually two or three pages in Vietnamese, a deposit of one month and a handshake. It works more often than you would think, and it breaks in exactly two places: when the deposit is returned and when someone leaves early. Below is what the lease must say so that neither place breaks, how the deposit works, what to write in and what to cross out. This is market practice, not legal advice; disputes go to a lawyer.

Form: language and signatures

A Vietnamese-only lease is legal, but you will not read it, and in a dispute you will be arguing about a text you do not understand. A bilingual lease with a clause saying which version prevails is the norm for deals with foreigners. It is the only kind we sign. A notary is not required for a lease between private individuals; the owner's signature as in their passport and yours are enough. See a copy of the owner's passport or ID before signing: the name in the lease has to match.

The apartment's address follows the new rules: number, street, ward, city, no district; why is in our guide to the new ward names.

What the lease must contain

  1. The parties: the owner as in their passport, you as in yours; visa number and validity are not required but often asked for.
  2. The apartment: address down to floor and number, size, what is in it, furniture and appliances as a list or an annex with photos.
  3. The term: start and end dates, the renewal condition, how many days' notice to leave. Usually 30.
  4. The price: monthly amount, currency, payment day, payment method, who pays bank fees. A clause that the price does not change during the term.
  5. The deposit: amount, when paid, under what conditions and within how many days after move-out it is returned, in which currency.
  6. What is included: building fee, parking, internet, cleaning. What is separate: electricity, water, gas, and at what rate; details in our guide to utility bills.
  7. Repairs: what the owner fixes and what you do. The norm: the owner fixes whatever breaks by itself, you fix what you broke.
  8. Temporary residence registration: the owner's duty and the deadline; what it is is in the temporary residence guide.
  9. Early exit: what you lose, and what the owner loses if they terminate.
  10. A handover report with meter readings and photos, as an annex.

The deposit

How much: one month's rent in ordinary apartments, two in expensive ones and villas. Three months' deposit or six months' rent up front is not the norm; it is a reason to negotiate or walk away.

In what: the currency of the price. If you pay in dollars, the lease says the return is in dollars; if in dong, in dong. Payments in Vietnam are legally in dong, and a dollar price in a lease is often mirrored by a dong amount at the rate on the payment date; that is fine, as long as the return follows the same logic.

When it comes back: after move-out, after the apartment is checked against the handover report and the last bills are paid. Put the deadline in the lease: seven days is reasonable, "after the electricity bill arrives" with no deadline is not.

What can legitimately be withheld: unpaid bills, damage beyond normal wear as per the report. What should not be: worn furniture, marks from pictures, cleaning unless it is written in. The most common dispute is exactly "normal wear", and the only defence is a detailed report with photos at move-in.

The deposit goes to the owner named in the lease, so the transfer or receipt should be in their name. At move-in we draw up the report with photos and meter readings, and at move-out we walk the apartment against the same report.

Term and early exit

Six or twelve months is standard; our minimum is three. Leaving early on the tenant's initiative usually means losing the deposit unless a replacement is found; write into the lease that with 30 days' notice and a new tenant found, the deposit is returned. Early termination by the owner should cost them the same: return of the deposit plus compensation equal to the deposit. Without symmetry the clause does not work.

Renewal: in writing a month before the end, with the price for the new term agreed in advance. Owners raise prices by 5-10% a year; it is negotiable, especially if you paid on time.

Payment

Monthly, on a fixed day, by transfer to the owner's account with a payment reference. Cash only against a receipt. Being asked to pay three or six months up front happens and lowers the price, but raises the risk; do it only with an owner you have met and a lease you have read.

The agent's fee in Vietnam is usually paid by the owner; who pays what is in our guide to who pays the agent commission.

What to cross out or rewrite

  • "Deposit non-refundable" without conditions.
  • A flat electricity rate above 4,000 dong per kWh with no justification.
  • The owner's right to enter the apartment without notice.
  • A ban on guests or on registering a second occupant if there are two of you.
  • Late-payment penalties as a percentage per day.
  • "Move-out cleaning at the tenant's expense" with no amount.

Before you sign

Read both versions, check the amounts and dates, ask for a photo of the owner's passport, walk the apartment with the viewing checklist and put everything broken into the report. If you are signing remotely, the order of steps is in our guide to renting before arrival. All the steps of the deal are on the how to rent page, and the apartments available now on the apartments for rent page.