Deposit and rental contract in Vietnam

How much is normally asked

The median monthly rent in the database is $462 — the usual size of a deposit. Half the market sits within $274–1,079; sample 2,180 active listings as of August 16, 2026.

One month is the norm. Two are asked for furnished flats in new complexes and for whole houses; several months of prepayment is a negotiating position, not an obligation. The law sets no ceiling on a deposit at all: it is whatever the two of you agree.^S3

Why it is not a “security deposit”, and why that matters

What we call a deposit is, in Vietnamese law, đặt cọc — a deposit under Article 328 of the Civil Code: money that secures the conclusion or the performance of a contract. Clause 2 of that article is what creates the asymmetry.^S3

In practice: if the landlord took your money and then let the flat to someone who offered more, you claim double rather than plead for your own back. The contract may say otherwise — but until it does, this is the rule.^S3

What may be withheld when you leave, and what may not

Lawfully withheld is only what the contract provides for and the facts support: unpaid electricity, water, internet and building service bills; damage beyond ordinary wear; unpaid days of occupancy; early departure, where the contract explicitly says the deposit is forfeited.

These are not grounds, whatever you are told: “the season is over”, “I found a tenant who pays more”, “for cleaning” when there is no cleaning clause, “for furniture wear” after normal use. At that moment the argument almost always comes down to the two sides remembering the state of the flat differently.

The contract: what must be there and what is worth adding

The mandatory minimum is set by Article 163 of the Housing Law 2023: names and addresses of the parties, a description of the housing and the land, the price and payment terms, the term, rights and duties, signatures and date. The contract is written; no notary is needed — Article 164(2) exempts leases, and the “over six months must be notarised” rule belongs to the 2005 law.^S1S2

The law does not prescribe the language, but a Vietnamese counterpart will be needed for the residence declaration, for an electricity contract and for any dispute. A bilingual contract saying which text prevails settles the question at once.

• Meters — readings on move-in day and how utilities are calculated.
• Repairs — who fixes the air conditioner and the plumbing, and how fast — otherwise it is you.
• Registration — the residence declaration as the landlord's duty: twelve hours under Article 33 of the 2014 Law and Circular 53/2016/TT-BCA.^S4
• Deposit return — a deadline: “within N days of move-out and final bills”.
• Termination — grounds and notice period — on both sides, not only the landlord's.
• Price — an explicit ban on raising the rent inside the term.

When the landlord can end the lease early

The list is exhaustive, and “I need the flat back” is not on it. Under Article 172(2) of the Housing Law 2023 the landlord may terminate unilaterally if the tenant fails to pay for three months or more without an agreed reason, uses the housing for something other than the agreed purpose, alters or demolishes parts of it without permission, or sublets it without his consent.^S5

Your rights mirror that: you may terminate if the housing became unfit, if the rent is raised without grounds or if the landlord does not do what the contract says. Whoever terminates gives notice first — the notice period goes in the contract, and it is the line most often forgotten at signing.^S5

How to secure the return in advance

Deposits come back not from kinder landlords but from the ones with nothing left to argue about: the state of the flat is recorded, the meters are written down, the deadlines are named.

1. On move-in day photograph the rooms, the appliances, the furniture and the meters — and send the photos to the landlord in a message, so the date is on record.
2. Attach a handover report listing furniture and appliances to the contract.
3. Write in the deadline for returning the deposit after move-out.
4. A month before leaving, write to the landlord even if the contract does not require it.
5. On move-out day: the same photos, the meter readings and the landlord's signature on the report.

If the deposit is not returned

• Put the claim in writing — in a messenger or by email, citing the contract clause and Article 328. Correspondence becomes evidence; a phone call does not.^S3
• The ward people's committee (UBND phường/xã) — conciliation where the property is; for one or two months' rent this is the fastest route.
• Court — the people's court at the location of the property, an ordinary civil claim for return of the deposit; fees follow the amount claimed.
• Check who the claim is against — if the money went to an intermediary, first look at who is the party to the contract: that is who you claim from.

Checklist before signing

1. Ownership certificate and the landlord's ID — the names match.
2. A notarised power of attorney if the signer is not the owner.
3. Everything Article 163 lists is in the contract.
4. The deposit: amount, deadline and return conditions written down.
5. Utilities by meter and never above the utility invoice.
6. The residence declaration named as the landlord's duty, with a deadline.
7. Termination and notice on both sides.
8. The condition report and photos done on move-in day.

Where to go next

• Vietnam
• Da Nang
• Da Lat
• Vung Tau
• Ho Chi Minh City
• Long-term renting
• Renting without an agent
• Catalogue with filters
• Methodology

Text last reviewed on August 14, 2026. The figures come from the daily snapshot of the database; links to laws and official documents are attached to every fact.