The Ultimate Guide to Short-Term Stays in Apartments: Addressing Rising Concerns Over Disputes

The People’s Committee of Ho Chi Minh City has recently issued Decision 26/2025/QD-UBND, providing regulations on the management and use of apartment buildings in the city. These regulations address various aspects of managing and utilizing apartment buildings constructed for residential or mixed-use purposes, as defined by the 2023 Housing Law.

Decision 26/2025/QD-UBND is considered a practical step towards resolving issues related to the management and use of apartment buildings in the city, particularly long-standing disputes over common and private ownership, as well as ensuring the interests of residents by providing clear guidelines for short-term rental activities (AirBnB) in apartment buildings and mixed-use developments.

According to Ms. Tran Minh Ai, Senior Director of Operations Management at Savills Ho Chi Minh City, this decision thoroughly and frankly addresses some crucial issues in the management and operation of apartment buildings, including common and private ownership, and touches on the rather “hot” topic of short-term tourist apartment rentals.

First, resolving common and private ownership disputes: The decision addresses parking areas in apartment buildings and regulations related to the utilization of common areas, helping to minimize conflicts over ownership. While disputes over common and private ownership in apartment projects can arise in various areas and amenities, the basement or parking area is often a flashpoint of contention between residents and investors.

Under the new regulations, in addition to the previously required documents and the common area of the apartment building that must be handed over, the investor is also responsible for preparing and delivering drawings of the parking area, clearly delineating parking spaces for apartment owners, common ownership parking spaces, car parking spaces, and public parking areas.

Moreover, the decision clarifies the management of revenue generated from the common area. Previously, the Housing Law mandated that this revenue be deposited into the maintenance fund but lacked clarity on the deduction of legitimate expenses. Decision 26/2025/QD-UBND explicitly states that revenue from exploiting the common area, before being deposited into the maintenance fund account, will be offset by legitimate expenses. This should put an end to prolonged disputes on this matter.

Second, ensuring residents’ interests and living environment: Decision 26/2025/QD-UBND introduces stricter regulations on apartment rental activities, requiring rentals to comply with the permitted purpose of use and fulfill all relevant legal requirements for the respective business sector.

Accordingly, the decision stipulates that for apartment buildings intended solely for residential use, rentals must be accompanied by a contract between the apartment owner and the renter, and the established purpose of the rental must be for residential use.

The 2023 Housing Law already prohibited the use of apartment units for non-residential purposes, and Clause 8, Article 3 of the Law strictly forbids the arbitrary conversion of apartment units’ function or their use for purposes other than residential, as it may affect the building’s structure. However, Decision 26/2025/QD-UBND provides detailed guidelines, linking these provisions with other relevant regulations (on housing business) to ensure clarity for citizens and concerned parties. This decision is thus deemed necessary to tighten control over apartment rentals and restore the living environment for residents in residential apartment buildings.

Additionally, the decision offers detailed guidance on rental arrangements for mixed-use apartment buildings. For instance, in the case of apartment buildings intended for tourist accommodation, renting out apartments by the day or hour is considered a tourism accommodation business activity, falling under the scope of the 2017 Tourism Law. According to Article 49 of this Law, accommodation businesses must register their operations and comply with requirements related to security and order, fire prevention and fighting, environmental protection, and physical facilities. Consequently, individuals and organizations can only engage in accommodation services if they fulfill all the stipulated conditions.

As Ms. Minh Ai points out, there have been diverse opinions in Ho Chi Minh City regarding the 2023 Housing Law’s provision that apartments should only be used for residential purposes. However, there has been ongoing debate about whether short-term rentals should be categorized as residential or tourist accommodation. The new decision clarifies this issue, aligning with the Law’s provisions and facilitating monitoring by management units, while also mitigating the shortcomings of the short-term rental model in apartment buildings and safeguarding residents’ amenities and living environment.

Third, striving for a transparent and stable living environment: The decision comes at an opportune time to swiftly address long-standing issues. This is particularly relevant given the recent escalation of disputes and the stronger demands for residents’ rights, as they have become more aware of their entitlements, responsibilities, and the regulations governing apartment buildings. Moreover, this is a time when government agencies have a deeper understanding of the operations of apartment projects, and management companies and units have a clearer grasp of their functions and roles.

Therefore, it is essential to introduce this document to provide a basis for concerned parties, including residents, investors, management boards, and authorities, to collectively resolve long-standing issues in Ho Chi Minh City, and Vietnam at large.

However, according to Savills Vietnam, the regulations will continue to evolve and be fine-tuned as they are implemented in practice. There is a need for a dedicated task force to handle apartment-related disputes promptly and prevent them from escalating into tense situations. Additionally, there should be transparency in disclosing information about apartment buildings in the city, including legal status and common and private ownership areas, to enable residents to easily access and understand the regulations pertaining to these areas.

“Decision 26/2025/QD-UBND has brought about positive changes in the management and operation of apartment buildings,” emphasized the Savills expert. “It not only sets the stage for addressing lingering issues but also moves towards creating a more transparent and stable living environment for residents in Ho Chi Minh City.”

Tieu Bao