The 2023 Housing Law stipulates that home owners have the right to "use housing for residential purposes and other purposes not prohibited by law". What should I do if I rent out an apartment?
Saigon Royal apartment building posted a notice to tourists stating that short-term accommodation business at the apartment building is a violation of the law - Photo: TTD
Recently, those providing short-term apartment rental services using the Airbnb model received documents from the management of the Saigon Royal apartment building.
According to the document, the building management said that the apartments are for residential purposes only, not for short-term accommodation business, and that short-term accommodation business in the apartment building is a violation of the law. Regarding the apartment tenants, the management said that the guests rented the apartment from an illegal business person, so they will record the guests' accommodation information to report to the authorities.
In addition, the building management also warned that tenants may be inspected by the authorities without notice due to illegal acts of the landlord (illegal business and organization of residence), and the tenants may be implicated. The building also required tenants not to use facilities reserved for residents.
A landlord at Saigon Royal said that it is reasonable to inform tenants about general regulations to ensure the life of residents in the apartment building. However, the documents stating that short-term accommodation business services are illegal and asking tenants to report to the booking channel will affect this service.
According to the building management unit, the fact that apartment owners rent out their houses and rooms to tourists for short-term accommodation purposes is a violation of the Housing Law. In addition, the issue of exploiting apartments for short-term rental business is creating a divide between the group of owners renting out short-term apartments and the group of owners living in the building. To thoroughly resolve this situation, the building management unit believes that the authorities should have comprehensive measures such as providing specific guidance on apartment building management on short-term accommodation business activities as many countries in the world have done.
Regarding this issue, the Ministry of Construction has just issued a document responding to the petition of people in Ho Chi Minh City. Specifically, the Ministry of Construction stated that the Housing Law 2023 stipulates that home owners have the right to "use housing for residential purposes and other purposes not prohibited by law". According to the Ministry of Construction, the provisions on prohibited acts in the management and use of apartment buildings in this law do not prohibit owners from renting out apartments for residential purposes.
In addition, the Ministry of Construction guides that in the case of housing rental (including rental through Airbnb), the rented housing must meet the conditions specified in Article 160 of the 2023 Housing Law. Parties participating in housing transactions must meet the conditions specified in Article 161 of the 2023 Housing Law, and the parties must enter into a housing rental contract in accordance with the provisions of Articles 162 and 163 of the 2023 Housing Law.
In addition, in case of using a house to conduct tourism accommodation business, it is also necessary to comply with the provisions of the law on tourism.
How to deal with short-term apartment rentals?Source: https://tuoitre.vn/bo-xay-dung-khong-co-quy-dinh-cam-cho-thue-can-ho-chung-cu-de-o-20241112122032487.htm
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