Pháp lý trong cho thuê căn hộ ngắn ngày | VTV24

Key Concepts

• Căn hộ chung cư (Apartment): Residential units in high-rise buildings, legally designated for "living" purposes.
• Kinh doanh lưu trú ngắn ngày (Short-term rental/Airbnb): The practice of renting out apartments by the day, hour, or week.
• Vùng xám pháp lý (Legal Gray Area): The ambiguity in whether short-term rentals violate the "residential-only" purpose of apartments.
• Quyết định 19/2026 (HCMC): A new regulatory framework in Ho Chi Minh City aimed at managing and formalizing short-term rental activities.
• Công năng sử dụng (Functional usage): The design and intended use of a property as approved by state authorities.

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1. Main Topics and Key Points

The discussion centers on the transition of short-term apartment rentals from a "gray area" to a regulated activity.

• Legal Ambiguity: The 2013 Housing Law mandates that apartments are for residential purposes. Renting for short periods (days/hours) creates a conflict: is it "living" or "commercial service"?
• Shift in Policy: HCMC’s Decision 19/2026 marks a shift from a "prohibition" mindset to a "management" mindset. It allows short-term rentals in both mixed-use buildings and standard residential apartments, provided they comply with strict regulations.
• Economic Impact: Formalizing this sector allows the state to collect taxes, provides legal protection for operators/investors, and ensures safety for guests.

2. Regulatory Framework and Methodology

The new framework (Decision 19/2026) introduces specific requirements for operators:

• Contractual Basis: Rental activities must be established through contracts (paper or electronic/app-based). Electronic contracts (e.g., clicking "agree" on an app) are legally recognized without needing notarization.
• Compliance Requirements: Operators must adhere to laws regarding:
  • Real estate business and taxation.
  • Security, order, and fire safety.
  • Environmental protection.
  • Registration of temporary residence (for both Vietnamese and foreign guests).
• Design Alignment: The core principle is that the usage must align with the apartment's approved design and functional purpose.

3. Key Arguments and Perspectives

• Lawyer Nguyễn Văn Đỉnh: Argues that while the new decision is a positive signal, it is only a first step. He emphasizes that the national Housing Law needs to be amended to clearly define the boundaries of "residential use" to eliminate the current legal gray area.
• Mr. Ngô Huy Việt (Operator): Views the regulation as a "passport" for business. He highlights that operators are willing to pay taxes if it grants them legal legitimacy, which would also solve the issue of "input costs" (tax deductions) for businesses that currently struggle because individual landlords often refuse to register as business households.

4. Notable Quotes

• Lawyer Nguyễn Văn Đỉnh: "Để mà người dân tuân thủ đúng pháp luật thì đầu tiên là pháp luật phải hoàn thiện trước." (For citizens to comply with the law, the law must first be perfected.)
• Mr. Ngô Huy Việt: "Những người kinh doanh Airbnb sẵn sàng họ đóng thuế để pháp luật có thể bảo vệ cho họ để kinh doanh được thuận lợi." (Airbnb operators are willing to pay taxes so that the law can protect them and facilitate smooth business operations.)

5. Synthesis and Conclusion

The transition from a restrictive approach to a regulated framework for short-term apartment rentals is essential for balancing individual property rights with community order. While HCMC’s Decision 19/2026 provides a necessary "passport" for operators, the long-term stability of this market depends on the upcoming amendments to the national Housing Law. The primary takeaway is that the "right vs. wrong" debate is shifting toward a "compliance vs. non-compliance" model, where transparency, tax contribution, and adherence to safety standards are the keys to sustainable operation.