Proposed Legal Framework Additions
The Ho Chi Minh City Real Estate Association (HoREA) has once again proposed adding a legal framework to manage short-term apartment rentals (by day or week) in condominiums, rather than maintaining the current ban. This proposal aims to align with the 2023 Housing Law and boost the tourism economy.
Mr. Le Hoang Chau, Chairman of HoREA, stated that the association recommends adding Clause 8 to Article 1 of the draft Decree and including Section 3 (Article 91a) in Chapter XII of Decree 95/2024/ND-CP, titled “Management of Short-Term Condominium Rentals.”
Under this draft, eligible rental units must be condotels within mixed-use condominiums designated as tourist accommodations or apartments meeting the physical and service standards outlined in the Tourism Law. Businesses and individuals must comply with conditions set by the Tourism Law and the Investment Law regarding conditional business sectors.
Business owners must sign rental contracts (notarization not required) directly or through 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, maintain security, and avoid disrupting residents.
HoREA also suggests amending Circular 05/2024/TT-BXD to include a coordinated management mechanism for short-term rentals and establish a standardized set of rules for condominiums.
A condominium displaying a sign prohibiting short-term rentals |
8,740 Rental Units
According to Mr. Le Hoang Chau, the 2023 Housing Law prohibits using condominium apartments for purposes “other than living,” but it does not ban short-term rentals for tourism. The 2020 Investment Law also classifies accommodation services as a conditional business sector, not a prohibited one.
However, on February 27, 2025, the Ho Chi Minh City People’s Committee issued Decision 26/2025, banning short-term rental business registrations in standard condominiums. The city’s Department of Construction reinforced this stance in Document No. 1823/SXD-QLN&TTBĐS dated April 14, 2025.
Meanwhile, the Ministry of Justice argues that banning Airbnb rentals is unreasonable, as property rental rights are protected under the Civil Code. Instead, strict management based on business conditions, security, and fire safety is recommended.
Before the new regulations, Ho Chi Minh City had over 8,740 short-term rental units, employing approximately 15,000 workers. These rentals thrived through 10 popular platforms, serving millions of guests annually. Airbnb’s 2024 report revealed that the platform contributed roughly VND 16.2 trillion to Vietnam’s GDP and supported 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. The city is also exploring a plan to leverage rental models in standard condominiums, aiming to balance economic and tourism growth with security and order.
By Son Nhung
– 14:54 22/09/2025
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