HoREA recommends policies to remove 'legal gaps' for Airbnb in apartment buildings

HoREA recommends adding specific mechanisms for short-term accommodation activities in apartment buildings to remove 'legal gaps' and ensure the legitimate business rights of owners.

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

On September 21, the Ho Chi Minh City Real Estate Association (HoREA) sent a petition to the Prime Minister, the Ministry of Justice and the Ministry of Construction, proposing to add a mechanism for "managing short-term rental activities of apartments in apartment buildings" to the draft decree amending and supplementing a number of articles related to the housing and real estate business sectors.

More than 8,740 apartments available for short-term rentals

According to HoREA, short-term apartment rentals, typically the Airbnb model, have grown strongly in Vietnam, contributing significantly to the economy and tourism. However, this activity is facing many legal problems.

According to preliminary statistics from HoREA, in Ho Chi Minh City alone (before the merger) there were more than 8,740 short-term rental apartments, creating jobs for about 15,000 workers.

This model has grown strongly thanks to the connection of popular online travel agencies (OTAs) such as Booking.com, Agoda, and Airbnb. Airbnb's report shows that in 2024, this activity contributed 16,200 billion VND to the country's GDP.

Despite its large economic contribution, this activity encountered difficulties after Decision 26 of the Ho Chi Minh City People's Committee took effect, with authorities banning daily and weekly rental activities.

However, HoREA stated that the document of the Department of Document Inspection and Administrative Violations Management (Ministry of Justice) stated that this prohibition is "unreasonable" and does not strictly ensure legality.

The conclusion of the direction of the Vice Chairman of the Ho Chi Minh City People's Committee also raised the issue of the practical need to exploit apartments for tourism rental in non-mixed-use apartment buildings. The City assigned the departments and branches to propose to the City People's Committee to report to the competent authority for consideration and permission to establish a project, with completion time before September 15.

HoREA believes that the 2023 Housing Law prohibits the use of apartments for purposes other than residence, but apartment owners have the right to use the house for residence and other purposes not prohibited by law, and also have the right to rent short-term housing by day or week to serve tourists and visitors (to visit relatives, take children to exams, take care of the sick, attend festivals, events, etc.).

Proposal to supplement regulations

To resolve the above problems, HoREA proposed to add regulations on the management of short-term accommodation services in apartment buildings in Decree 95 (Detailing a number of articles of the Housing Law) focusing on detailing this conditional business activity.

In particular, HoREA proposed that apartments allowed for short-term rental must be tourist apartments (condotels) in apartment buildings with mixed-use purposes used as tourist accommodation facilities, or apartments that meet the minimum requirements on technical facilities and services for houses with rooms for tourists to rent according to the provisions of the law on tourism.

In addition, business organizations and individuals must meet the conditions and standards prescribed by the law on tourism and the law on investment for conditional investment and business sectors and professions.

Short-term accommodation service business parties must perform management responsibilities such as having lease contracts, registration, accommodation notifications, etc.

The apartment building management board and the apartment building operation management unit shall, based on the lease contract, require the person using the rented apartment to comply with the rules and regulations on management and use of the apartment building to ensure security and order of the apartment building, and avoid affecting the living environment of residents living in the apartment building.

Previously, the Ho Chi Minh City People's Committee assigned units to review and announce the list of apartment buildings with apartments that are eligible for tourist accommodation rental, and at the same time, develop a project on exploiting apartments for tourist accommodation rental in apartment buildings that are not for mixed-use purposes. The city assigned units to complete before September 15.

In addition, the Ho Chi Minh City Department of Construction also proposed that the City People's Committee allow a pilot model of short-term apartment rental with a pilot period of 12 months, starting from September 1, 2025.

NGOC HIEN

Source: https://tuoitre.vn/horea-kien-nghi-chinh-sach-de-go-khoang-trong-phap-ly-airbnb-trong-chung-cu-20250921212328733.htm