Review regulations on short-term apartment rentals

The Department of Housing and Real Estate Market Management (Ministry of Construction) will review the regulations on short-term apartment rentals in apartment buildings to submit for amendment. This information is included in the response document to the Department of Document Inspection and Administrative Violations Management ( Ministry of Justice ) on some shortcomings in housing management regulations.

Current laws do not have any specific regulations defining how many days a “short-term rental” is, nor does it prohibit owners from renting out their apartments. The Department of Document Inspection recommends that although the short-term rental model may cause inconvenience to other residents, there should be specific regulations to manage it instead of prohibiting it. In addition, the authorities should also consider deterrent sanctions for violations. In response to the above recommendation, the Department of Housing and Real Estate Market Management said that it will take note, study and review to report to the competent authorities for amendments and supplements in the near future.

According to the provisions of the Housing Law 2023, the implementing instructions and Official Dispatch 4757 of the Ministry of Construction have determined that the use of apartment buildings for purposes other than residential purposes is strictly prohibited.

In essence, the Airbnb rental service (a model that connects people who need to rent a house or room with people who have rooms to rent) is still the tenant using the apartment for residential purposes. The law currently has no regulations defining how many days a short-term rental is or prohibiting owners from renting out their apartments.

In fact, currently, long-term apartment rental business owners are not prohibited, but short-term rental (less than 30 days) is prohibited, which is unreasonable. Therefore, banning apartment rental via Airbnb is unreasonable and not strictly guaranteed in terms of law.

Apartment owners who do not live there have the right to rent out, this is one of the property rights of the owner as stipulated in the Civil Code.

In fact, this model can affect other residents, but instead of completely banning it, appropriate management solutions should be applied. For example, homeowners must register their business, meet the conditions of ensuring security and order and fire prevention, and not affect the community in the apartment building.

In this summary, solutions are proposed to thoroughly resolve the above situation. Authorities need to 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,” the document stated.

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

At the same time, the Department of Housing and Real Estate Market Management emphasized 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.

According to VTV

Source: https://baothanhhoa.vn/ra-soat-quy-dinh-cho-thue-can-ho-ngan-ngay-249261.htm