Proposed Legal Framework Additions
The Ho Chi Minh City Real Estate Association (HoREA) has reiterated its proposal to introduce a regulatory mechanism for short-term apartment rentals (by day or week) in condominiums, advocating for a shift from the current prohibition. This initiative aims to align with the 2023 Housing Law and boost the tourism economy.
Mr. Le Hoang Chau, Chairman of HoREA, announced the association’s recommendation to add Clause 8 to Article 1 of the draft Decree and incorporate Section 3 (Article 91a) into Chapter XII of Decree 95/2024/NĐ-CP, titled “Management of Short-Term Condominium Rentals.”
Under the proposed draft, eligible rental units must be condotels within mixed-use residential buildings designated as tourist accommodations or apartments meeting the physical and service standards outlined in the Tourism Law. Businesses and individuals must comply with conditions stipulated in the Tourism Law and Investment Law regarding conditional business sectors.
Property owners must sign rental agreements (notarization not required) directly or via platforms like Airbnb or Booking.com. They are responsible for temporary residence registration, stay notifications, tax compliance, fire safety, and insurance. Tenants must adhere to condominium rules, ensuring security, order, and minimal disruption to residents.
HoREA also urges amendments to Circular 05/2024/TT-BXD to establish a coordinated management mechanism for short-term rentals and develop standardized condominium bylaws.
A condominium displaying a sign prohibiting short-term rentals
8,740 Rental Units
Mr. Le Hoang Chau noted that while the 2023 Housing Law prohibits using condominiums for “non-residential purposes,” it does not explicitly ban short-term rentals for tourism. The 2020 Investment Law also classifies accommodation services as a conditional business, not a prohibited one.
However, on February 27, 2025, the Ho Chi Minh City People’s Committee issued Decision 26/2025, prohibiting short-term rental business registrations in standard condominiums. The Department of Construction reinforced this stance in Document No. 1823/SXD-QLN&TTBĐS dated April 14, 2025.
The Ministry of Justice countered that banning Airbnb rentals is unreasonable, as property rental rights are protected under the Civil Code. Instead, stringent management based on business conditions, security, and fire safety is recommended.
Prior to the new regulations, Ho Chi Minh City had over 8,740 short-term rental units, employing approximately 15,000 workers. This sector thrived through 10 major online travel platforms, serving millions of guests annually. Airbnb’s 2024 report revealed its contribution of approximately VND 16.2 trillion to Vietnam’s GDP and support for 64,000 jobs.
The Ho Chi Minh City People’s Committee has tasked the Department of Construction with issuing guidelines for rental conditions in mixed-use condominiums by September 15. Additionally, the city is exploring a framework for rentals in standard condominiums to balance economic and tourism growth with security and order.
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