“HoREA Proposes Legalization of Short-Term Rentals in Ho Chi Minh City Apartment Buildings”
The Ho Chi Minh City Real Estate Association (HoREA) has once again proposed to the city’s People’s Committee to consider allowing apartment owners to rent out their units for short-term stays, including through platforms like Airbnb.
On May 16, HoREA shared that they had received three documents from the Ministry of Construction regarding the use of apartments for short-term rentals. One of these documents, from the Department of Housing and Real Estate Market Management, stated that the 2023 Housing Law prohibits certain activities in apartment buildings, including using apartments for non-residential purposes.
However, the Ministry of Construction affirmed that there is currently no legal definition of “short-term rental,” and no clause prohibits owners from renting out their apartments.
HoREA argued that the nature of short-term rentals through platforms like Airbnb is still for residential purposes. Therefore, a suitable understanding of the regulations is necessary to protect the legal rights of property owners.
Most apartment buildings in Ho Chi Minh City have banned short-term rental activities.
HoREA’s chairman, Mr. Le Hoang Chau, suggested that the Department of Construction propose amendments to the People’s Committee’s Decision No. 26, specifically Articles 12 and 13, or issue a guiding document clarifying that the phrase “renting apartments for residential purposes” includes both long-term and short-term rentals.
Mr. Chau emphasized that clarifying the regulations is essential to ensure that management boards and residents understand their rights and obligations correctly, avoiding unnecessary disputes and misunderstandings.
Recently, HoREA has received 16 petitions regarding this issue. Fifteen of these were from individuals, and one represented 77 other individuals, all requesting the right to rent out their apartments for short-term stays. The petitioners pledged to pay higher management fees than regular residents, register their businesses, and fulfill their tax obligations.
However, HoREA’s vice-chairman, Ms. Do Thi Loan, expressed her opposition to the idea. She argued that the short-term rental model through Airbnb could negatively impact the resident community and suggested that authorities inspect and audit apartment buildings showing signs of such activities.
In response to Ms. Loan’s concerns, Mr. Chau stated that attributing social vices to short-term rentals lacks evidence. He pointed out that, over the past two decades, similar issues have occurred in small hotels and guesthouses, not just apartments.
Mr. Chau asserted that if both landlords and tenants comply with the regulations, register temporary residence properly, and are supervised by the management boards, the risks associated with short-term rentals can be mitigated.
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