Short-term rental in apartments: Will study and amend regulations

A group of international tourists staying at an apartment building in Ho Chi Minh City - Photo: HIEU GIANG

The Department of Housing and Real Estate Market Management (Ministry of Construction) has just sent Document No. 418 to the Department of Document Inspection and Administrative Violations Handling Management ( Ministry of Justice ) related to the housing sector at the request of the Ministry of Construction.

Accordingly, in the summary of problems and recommendations (attached to meeting invitation No. 255) of the Department of Document Inspection and Administrative Violations Management, the content stated: According to the provisions of the Housing Law 2023, the implementing instructions and Official Dispatch 4757 of the Ministry of Construction, it is determined that the use of apartment buildings for purposes other than residential purposes is strictly prohibited.

The nature of Airbnb rental services is that the tenant uses the apartment for residential purposes. There are currently no regulations in the law to determine how many days a short-term rental is or to prohibit the owner from renting out his apartment.

In fact, it is not unreasonable for owners to rent apartments for long term, but it is unreasonable for short term rentals (less than 30 days). Therefore, it is unreasonable and not legally strict to prohibit renting apartments via Airbnb.

If the apartment owner does not live there, he has the right to rent it out. This is one of the property rights of the owner as stipulated in the Civil Code...

In this summary, the proposed solution is that to thoroughly resolve this situation, the authorities should have comprehensive measures such as issuing specific legal regulations in the management of apartment buildings regarding short-term accommodation business activities.

In case of continuing to ban short-term accommodation business activities in apartment projects, state management agencies can also consider deterrent sanctions for violations.

Responding to the above content, the Department of Housing and Real Estate Market Management said it will take note, study and review to report to competent authorities for amendment and supplementation in the coming time.

In addition, the Department of Housing and Real Estate Market Management said that the management and use of apartment buildings is carried out in accordance with the provisions of the 2023 Housing Law and documents guiding the implementation of this law.

Regarding short-term accommodation services in apartments under the Airbnb model, the Department of Housing and Real Estate Market Management said that the Ministry of Construction has sent documents responding to citizens and documents to the Ho Chi Minh City National Assembly Delegation regarding the report responding to citizens' petitions.

According to the above documents, the Ministry of Construction believes that in the case of renting out houses (including rentals through Airbnb), the rented houses must meet the conditions prescribed in the 2023 Housing Law; the parties must make a house rental contract according to regulations; in the case of using houses for tourism accommodation services, they must also comply with the provisions of the law on tourism.

HIEU GIANG

Source: https://tuoitre.vn/cho-thue-luu-tru-ngan-han-trong-chung-cu-nghien-cuu-sua-doi-bo-sung-quy-dinh-20250516233338059.htm