Can apartments be rented short term in Vietnam? Rules to end of 2026

Renting apartments in residential buildings by the night, Airbnb style, has been the most disputed legal question in Vietnam’s accommodation sector over the past two years. The short answer: there is no nationwide ban, but the conditions under which it is allowed are set by each locality and each building.

Why it is disputed

The 2023 Housing Law prohibits using apartments for purposes other than residence, but it does not define short-term rental. Some localities and buildings treat renting by the night as an accommodation business, and therefore a change of use. Others still treat it as renting out a home.

In May 2025, the Department for Inspection of Legal Normative Documents (Ministry of Justice) stated that bans lacked a clear legal basis. Its reasons: the law sets no minimum rental term and does not prohibit short-term rental, while owners have the right to make use of their property. The department proposed managing the activity through conditions instead of a ban.

Ho Chi Minh City: from ban to conditional permission

• February 2025: Decision 26/2025/QĐ-UBND (of the city People’s Committee) did not allow apartments to be used for short-term accommodation by the day or by the hour, except in mixed-use buildings with an accommodation function.
• July and August 2025: The Department of Construction proposed a 12-month pilot. The city instructed agencies to define conditions and list the buildings that qualify.
• From 25 April 2026: Decision 19/2026/QĐ-UBND replaces the old approach. Apartments may be used in line with their approved type and function, and short-term tourist apartments are allowed to operate.

Conditions under Decision 19/2026:

• The apartment owner registers a tourist accommodation establishment and complies with tourism law.
• Guests are registered (residence notification or temporary residence registration) through VNeID or the public service portal.
• The owner fulfils tax obligations, ensures security and order, and requires guests to follow the building rules.
• The building management board is responsible for reporting to the authorities when it detects violations concerning residence, security and order, or fire safety.

Hanoi and other localities

As of the end of October 2026, we have not seen Hanoi issue a specific document on short-term accommodation in apartment buildings like Ho Chi Minh City’s. In practice, many buildings in Hanoi add restrictions to their building rules or to decisions of the residents’ general meeting. For any given building, the building rules and the management board give the most accurate answer.

The draft amended Housing Law

On 22 October 2026, the draft amended Housing Law was discussed in the National Assembly. According to Dai bieu Nhan dan newspaper, some deputies proposed strict management instead of a ban, with these conditions:

• Approval by the residents’ general meeting, or provision for it in the building’s regulations.
• The apartment owner registers a business.
• Automatic guest registration through VNeID, connected to the ward police.
• Additional fire and explosion insurance.

These are only opinions raised in discussion of a draft, not rules. But the direction is fairly clear: short-term rental will be accepted if the owner can show that guests and safety are under control.

What owners should prepare now

Whatever your locality’s rules, the tasks below are needed in every case, and they are what both the authorities and the management board will ask about:

1. Read the building rules and ask the management board before taking short-term guests.
2. Register the accommodation activity or a business as instructed by the locality.
3. Register every guest, on time. See the details in Guest registration for homestays and rental units.
4. Control who enters the unit, and when. This is residents’ biggest concern, and the best evidence when there is a complaint.
5. Fire and explosion insurance and safety equipment for the unit.

What TingStay covers

TingStay does not apply for permits or register on behalf of the owner. What TingStay can do is show that the unit is tightly managed:

• Door codes are valid only for the exact period of the stay and stop working at check-out time.
• An access log for each stay, which can be cross-checked against the list of registered guests.
• Alerts when a door opens or someone is in the unit outside a booking, and alerts for overstays.
• Instant smoke, heat and water leak alerts when the unit has the corresponding sensors.

For the management board and residents, a short-term unit with an access log and clear alerts is far easier to accept than one where keys are handed over through acquaintances.