New information on banning short-term apartment rental business in apartment buildings

The Ho Chi Minh City Real Estate Association (HoREA) has continued to propose that the Ho Chi Minh City People's Committee consider allowing apartment owners to rent out short-term, including accommodation via the Airbnb application.

On May 16, HoREA said it had received three official dispatches from the Ministry of Construction regarding the use of apartment buildings for short-term rental. Of which, Official Dispatch No. 418/QLN-QLNƠ from the Department of Housing and Real Estate Market Management sent to the Ministry of Justice clearly stated: The Housing Law 2023 stipulates prohibited acts in apartment buildings, including using apartments for purposes other than residence.

The Ministry of Construction also affirmed that there are currently no legal regulations that specifically define how many days a "short-term rental" is, nor are there any provisions prohibiting owners from renting out their apartments.

According to HoREA, the nature of short-term rental activities via the Airbnb application is still rental for accommodation. Therefore, it is necessary to have an appropriate understanding so as not to affect the legal right to use property of the people.

Most apartments in Ho Chi Minh City have banned short-term rental activities.

HoREA Chairman Le Hoang Chau proposed that the Ho Chi Minh City Department of Construction submit to the City People's Committee to consider amending and supplementing Articles 12 and 13 of Decision No. 26, or issue a document clearly guiding that the phrase "apartment rental for residential purposes" includes both long-term and short-term rentals.

According to Mr. Chau, clarifying regulations is necessary so that management boards and residents in apartment buildings understand their rights and obligations, avoiding unnecessary disputes and misunderstandings.

According to HoREA, the association has recently received 16 petitions on this issue. Of these, 15 petitions came from 14 individuals and one representative from 77 other individuals, all requesting to use apartments for short-term rental.

These people are committed to paying higher management and operation fees than ordinary residents, registering businesses and fulfilling tax obligations to the State.

On the other hand, Ms. Do Thi Loan, Vice President of HoREA, expressed her opposition. She said that the short-term accommodation model via Airbnb could negatively affect the residential community and suggested that the authorities organize inspections of apartment buildings that show signs of operating under this model.

Responding to Ms. Loan’s comments, Mr. Le Hoang Chau said that blaming social evils on short-term apartment rentals is unfounded. According to him, over the past 20 years, these behaviors have appeared in many small hotels and motels, not just apartments.

Mr. Chau affirmed that if both the landlord and the tenant comply with regulations, fully register for temporary residence and the management board closely supervises, it is completely possible to limit the risks arising from short-term accommodation.

Source: https://nld.com.vn/thong-tin-moi-ve-viec-cam-kinh-doanh-cho-thue-can-ho-ngan-ngay-o-chung-cu-196250517071222228.htm