Is Airbnb Legal in HCMC? Short-Term vs Monthly Rentals (2026)
Is Airbnb legal in HCMC? In 2026 the honest answer is “conditional, and building-specific.” This guide explains the current condo rules, when a short stay can be lawful, who handles temporary residence, and why a monthly residential lease is the safer default for most expats.
“Airbnb” is a booking platform, not a category in Vietnamese law — so whether a listing is legal depends on the apartment, not the app. The picture is also genuinely confusing right now: search results still carry 2025 “ban” headlines next to 2026 “re-allowed” ones. This guide cuts through it with the current rules, compares a short-term stay against a monthly lease so you can choose, and explains the one duty newcomers most often miss: temporary-residence registration.
The short answer: conditional, not automatically legal
Two things decide it. First, the national baseline: the Housing Law 2023 (Article 3.8(c), in force since 1 August 2024) prohibits using a condominium apartment for a non-residential purpose. An ordinary residential condo is, by default, a home — not a nightly lodging business.
Second, there is a narrow pathway: a unit can be used for short-stay tourist accommodation only where it genuinely sits in an approved tourist-apartment / mixed-use function, built to the approved design, and the operator registers the tourist-accommodation activity. A platform listing, an owner’s “it’s fine here,” or a booking confirmation does not prove the exact unit qualifies.
What changed in HCMC: from the 2025 “ban” to the 2026 rule
The timeline matters, because most articles are stuck in the wrong year:
- 1 August 2024 — the Housing Law 2023 takes effect, with the non-residential-use prohibition for condo apartments.
- March 2025 — HCMC’s Decision 26/2025 takes effect; this is the source of the widely shared “HCMC bans short-term rentals” headlines.
- 25 April 2026 — that decision is replaced by HCMC Decision 19/2026/QD-UBND, the current local rule.
Decision 19 says an apartment may be used only in line with its type, function and approved design dossier (Article 12.1), and that renting out a tourist apartment in a condominium requires registration of tourist-accommodation activity and compliance with tourism law (Article 12.3). So “banned” is now out of date — but “fully legalised” is just as wrong. The rule re-opened a conditional door, not a blanket licence for every listed unit.
When can a short-term condo rental be lawful?
For a short stay to stand on solid ground, several things have to line up — not just one:
- The apartment’s approved function. A residential-only condominium is designed for living; a mixed-use one can combine homes with tourist-accommodation apartments — but only where the building’s electrical, water, lift, fire-safety and waste systems were built for that use under the approved design. Function is set by the project, not by demand.
- Tourist-accommodation registration. A qualifying tourist apartment must have its accommodation activity registered — this is not a one-click “Airbnb licence.”
- Multi-rule compliance. Decision 19 (Article 12.4) ties the operator to housing, real-estate-business, tax, residence, public-order, e-commerce, tourism, environment and fire-safety rules at the same time.
- Building rules. Every condominium has its own rules covering owners, tenants and visitors, and they can restrict conduct — they can’t override the Housing Law, but they can stop a listing.
Short-term stay vs monthly lease in HCMC, at a glance
Here’s how the two realistic options compare for a renter. “Short-term” means a nightly/weekly booking (hotel, serviced apartment, or a condo listed online — its legality varies by property). “Monthly” means an ordinary residential lease.
| Short-term / Airbnb-style | Monthly residential lease | |
|---|---|---|
| Legal starting point | Not automatic — needs an approved tourist-apartment function + registration | Aligned with ordinary residential use (the legally safer default) |
| Accommodation registration | Required for a tourist apartment in a condo | Not required for a normal residential lease |
| Contract | Platform/hotel terms or a short lease | Written/electronic lease (required by Decision 19; no notarisation needed) |
| Temporary residence | Operator must register it — confirm who does | Same duty applies — name it in the lease |
| Flexibility | Best for first arrival / uncertain dates | Best once you’ve chosen a building |
| Interruption risk | Higher if the unit isn’t genuinely qualified | Lower from the model itself (contract risks still apply) |
| Best renter use | A short orientation stay | The main recommendation for settling in |
Who handles temporary residence for a foreign renter?
Whichever route you take, your stay must be declared to the authorities — and under Decision 19 (Article 12.4) it’s the person or entity exploiting the apartment (the landlord, operator or host) who is responsible for the temporary-residence registration / stay notification, including for foreign tenants. It can be filed online via the National Public Service Portal, the Ministry of Public Security portal, the immigration temporary-residence site or VNeID.
In practice: get it in writing who will file it, and ask for the confirmation afterwards. This is exactly the step a casual Airbnb host may skip — and it’s your legal stay on the line. Our full walkthrough is in temporary residence registration in Vietnam.
When a short stay genuinely makes sense
None of this means “never book a short stay.” For a first arrival it’s often the sensible move — a hotel or an established serviced-apartment operator is structurally set up for guest turnover and stay procedures, which removes the temporary-residence worry while you find your feet. Use those first weeks to check the things you can’t tell from photos: the commute, building management, noise, flood exposure and the lease terms. Then switch to a proper monthly lease once you’ve chosen a neighbourhood and building.
If you’re weighing the short-stay-versus-commit decision on cost and convenience, our serviced apartment vs long-term rental comparison and the serviced apartment market report go deeper on the numbers.
Thinking of listing your own condo? A quick caution
If you own (or are thinking of buying) a unit to let nightly, owning it isn’t enough — the use has to match the approved apartment function, a tourist apartment must be registered, and you carry the multi-rule compliance above. Building management boards in HCMC must cooperate with local authorities and report violations relating to residence, public order, construction order and fire safety, and breaches can lead to administrative sanctions (the city decision points to several instruments rather than one fixed “Airbnb fine”). It’s a real business decision with real obligations, not a side hustle you can switch on from an app. If buying is on your mind, start with can foreigners buy property in Vietnam.
The verdict
Where to rent monthly after you decide
Once you’ve settled on an area, these are the established expat rental hubs — all monthly residential options, not short-stay claims:
- Thao Dien — the green, family-friendly expat enclave east of the centre.
- District 1 — central living, walkable to the CBD.
If you want a sense of the newest buildings coming into the rental market, see our roundup of new apartments in East HCMC. And whichever route you choose, a reputable rental agent costs you nothing and can confirm the building rules and temporary-residence handling before you sign.
Frequently asked questions
Is Airbnb banned in Ho Chi Minh City?
No longer a flat ban. The 2025 “ban” headlines reflected an earlier HCMC decision that was replaced on 25 April 2026 by Decision 19/2026, which allows short-stay tourist accommodation in a condominium only where the unit has the approved function and the activity is registered. For an ordinary residential condo, nightly letting still isn’t something you can assume is allowed.
Can I rent a condo by the night in HCMC?
Only if that specific apartment is genuinely approved for tourist-accommodation use and the operator has registered it and meets the related rules. A unit being listed online doesn’t prove any of that — so confirm the building’s function and rules first.
Is a monthly lease safer than Airbnb in HCMC?
For settling in, yes. A monthly residential lease matches ordinary residential use and gives you a documented housing relationship, rather than depending on a tourist-accommodation classification a unit may not have.
Who registers temporary residence for a foreign guest or tenant?
Under HCMC Decision 19, the person or entity exploiting the apartment — the landlord, operator or host — is responsible for the temporary-residence registration, including for foreigners. Always confirm in writing who will do it and get the confirmation afterwards.
Can an e-visa holder stay in an Airbnb for 90 days?
Your visa length is a separate matter from whether the apartment is legal for nightly stays. Vietnam’s e-visa can run up to 90 days, but that doesn’t make an unqualified residential condo lawful for tourist accommodation — the housing and accommodation rules still apply.
How can I check whether a building is eligible?
There’s no public master list, so ask for the building’s current written rules, the unit’s approved type/function, and confirmation of the tourist-accommodation registration and who files temporary residence. If those can’t be shown, treat the listing as unverified.
Key takeaways
Is Airbnb legal in HCMC? The short version
- Conditional and building-specific — not fully legal, not fully banned.
- Ordinary residential condos default to residential use (Housing Law 2023); nightly letting needs an approved tourist-apartment function + registration.
- The current city rule is Decision 19/2026 (from 25 April 2026) — 2025 “ban” headlines are out of date, but so is “fully legalised.”
- A platform listing or owner’s assurance does not prove a unit qualifies — ask for building rules and function in writing.
- The operator must register temporary residence for foreign tenants — confirm who does it.
- For most expats: a short stay for orientation, then a monthly residential lease as the safer default.
Rent monthly the easy way — with a no-fee agent
We represent foreign tenants across HCMC, charge you no fee, and confirm the building rules, contract and temporary-residence handling before you commit. Browse Thao Dien and District 1 apartments, or tell us what you need.
Related guides:
Ready to find your home in Ho Chi Minh City?
Tell us your budget, area, and timeline — we send a curated shortlist within 24 hours.
WhatsApp Us