Short-term apartment rentals in Vietnam in 2026: what the law says and how to do it right
HostBooking · · 8 min read
In 2026 no Vietnamese law bans short-term apartment rentals by name, but they are not unrestricted either. The Housing Law 2023 bans using an apartment for purposes other than living in it, and many provinces and buildings have their own rules. You need a contract, a stay notice for every guest, and a clear understanding with building management.
What the Housing Law 2023 says
The Housing Law 2023 (No. 27/2023/QH15, in force since 1 August 2024) lists using an apartment for a purpose other than residence among prohibited acts. It does not mention Airbnb and does not define how many days counts as “short-term”. So there are two readings: guests staying a few nights are still “living” there, or it is an accommodation business, which is a different purpose.
In May 2025, answering petitions on this, the Ministry of Construction said owners may rent out their homes, Airbnb included, when they meet the Housing Law’s conditions and sign a lease; if it is a tourist accommodation business, tourism law applies. The Ministry also said it would review the rules on short-term stays in apartment buildings. As of writing there is still no dedicated national framework.
Province and building rules
The national regulation on managing and using apartment buildings is in Circular 05/2024/TT-BXD. Each province may issue its own rules, and each building has house rules adopted by the owners’ general meeting (hội nghị nhà chung cư). In Ho Chi Minh City, for example:
- In 2025, the city’s Decision 26/2025 banned renting apartments by the hour or the day.
- Decision 19/2026/QD-UBND (in force since 25 April 2026) replaced it. Its Article 12 allows apartments to be used in line with the type and function in the approved design; rentals need a contract (paper or electronic, no notarisation required).
- Renting by the week or the day requires registering as a tourist accommodation business and following tourism law.
- The operator must register temporary residence and file stay notices for guests, and make guests follow the building’s rules.
If your apartment is in another province, look up that People’s Committee’s decision on apartment building management, then read the building’s house rules. Many buildings still ban short-term rentals in their rules; breaches are handled by the management board under those rules.
Rules on short-term apartment rentals are changing and differ between localities. This post is based on documents and reports checked up to 2 November 2026 and is for reference only. Ask the ward People’s Committee, ward police and the building’s management board before you start, and a lawyer if you are investing in several units.
A residential apartment is not a tourist apartment
| Residential apartment | Tourist apartment (condotel) / mixed-use building with accommodation function | |
|---|---|---|
| Purpose in the project file | Residence | Tourist accommodation or mixed use |
| Long-term rental | Allowed, with a lease | Depends on the project |
| Nightly rental | Depends on province rules and building house rules | The main purpose, under tourism law |
| Accommodation business conditions | Apply if it counts as an accommodation business | Apply |
Before buying an apartment for short-term rental, check the purpose on the ownership certificate and in the project file, not just the seller’s pitch.
What to do for every guest
- A contract, or a booking confirmation with terms: dates, number of guests, house rules, deposit, damage. Airbnb bookings carry Airbnb’s terms, but send your own house rules too.
- A stay notice to the police before 11 pm on the arrival day, or before 8 am the next morning for guests arriving after 11 pm. Foreign guests are declared through the Ministry of Public Security’s portal. Details: guest stay notices.
- Register guests with building management the way the building asks: a guest list, temporary resident cards, parking.
- Keep guest data for its purpose: store only what the stay notice needs, and never post ID photos in group chats.
- Tax: rental income must be declared. It is calculated differently for property rental and for an accommodation household business; see Vietnam homestay tax 2026 and ask the tax office.
Working with building management
Your relationship with building management decides whether this lasts. Meet them before listing, and ask about rental rules, fees, guest registration and parking. Leave a 24-hour contact number. When neighbours complain about noise or rubbish, deal with it the same day and report back. Put quiet hours, maximum guests and no parties in the listing and in the pre-arrival message; the homestay house rules template is a good starting point.
Risks to plan for
| Risk | How to reduce it |
|---|---|
| The building bans or tightens rentals | Read the house rules before buying or leasing; do not depend on a single unit |
| Neighbours complain, the board acts under its rules | Cap guest numbers, set quiet hours, respond fast |
| Fines for missing stay notices | File for every guest, including one-night OTA guests |
| Damage and theft | A damage deposit, a check-out inspection, photos of the condition |
| The landlord objects (if you sublet) | Written consent to sublet in your lease |
| Rules change | Follow your province’s documents; keep a long-term rental plan as a fallback |
Running several units without the chaos
With a few units on Airbnb and Booking.com, the biggest risks are double bookings and forgotten stay notices. HostBooking syncs iCal calendars with OTAs, scans chip CCCDs to fill in guest details and exports the stay list, and supports self check-in with keypad locks. You also get your own booking website for repeat guests to book direct. No commission per booking. See features.
Frequently asked questions
Is renting an apartment on Airbnb legal in Vietnam?
No law bans it by name, but the Housing Law 2023 bans using apartments for non-residential purposes, and provinces and buildings can add their own rules. Ho Chi Minh City, for example, has allowed it since 25 April 2026 with a contract, registration as tourist accommodation for nightly or weekly rentals, and stay notices.
Do nightly apartment rentals need guest stay notices?
Yes. Every overnight guest must be reported to the police before 11 pm on the arrival day, or before 8 am the next morning if they arrive after 11 pm.
Can the building management ban short-term rentals?
House rules adopted by the owners’ general meeting can set conditions or restrictions. Read them and ask the management board before listing.
Can a foreigner who owns an apartment rent it out?
The Housing Law 2023 has specific provisions on foreigners’ rights over housing they own, including renting it out. Ask a lawyer about the detailed conditions before renting.