In brief
On 11 April 2026, the Ho Chi Minh City People's Committee issued Decision No. 19/2026/QD-UBND (Decision 19), effective from 25 April 2026. Decision 19 introduced an updated local framework for the management and use of apartment buildings in Ho Chi Minh City.
On 26 August 2026, the Government issued Decree No. 339/2026/ND-CP (Decree 339), which took effect on the same date, materially increases administrative penalties across construction, housing and real estate business activities.
This alert updates our earlier publication, Vietnam: Pilot scheme for short-term apartment rentals in Ho Chi Minh City. Decision 19 now expressly addresses tourist apartment leasing, and Decree 339 gives the authorities substantially stronger enforcement tools.
Key takeaways
- Decision 19 has governed apartment management and use in Ho Chi Minh City since 25 April 2026.
- The lease of apartment to tourists on a short-term stay of up to 30 days in an apartment building must be registered as a tourist accommodation operation and comply with tourism laws.
- Apartments must be utilized in consistency with their apartment type, use functions and approved design dossier.
- Decree 339 increases penalty on the use of an apartment for a purpose other than residential use, within VND 100 million to VND 130 million per violation and a mandatory requirement to restore residential use.
- Decision 19 requires compliance with housing, real estate business, tax, residence, security, e-commerce, tourism, environmental and fire safety rules.
The practical message
Decision 19 provides a clear local framework for tourist apartment leasing, but it does not remove enforcement risk. Owners and operators must be able to demonstrate that the relevant apartment, building, registration and operating arrangements comply with all applicable requirements.
Decision 19: tourist apartment leasing
Article 12 of Decision 19 provides that apartments must be utilized in a manner consistent with the type and use function of the apartment and the design dossier approved by the competent authority. Apartment leasing must be documented by paper or electronic lease. The lease is not required to be notarized or certified.
Where an apartment is leased to tourists, the lessor must comply with business and tax registration and filing, and other standards and requirements applicable to safety, hygiene, and security of the apartment for short-term lease. Temporary residence registration and stay notifications must be made as required.
Decree 339: substantially higher penalties
Article 62.3(d) of Decree 339 imposes a fine of VND 100 million to VND 130 million for using an apartment for a purpose other than residential use.
The stated Article 62 fine range applies directly to both individuals and organizations. For continuing violations, the statute of limitation period runs from discovery, and on-going violations that began before the effectiveness of Decree 339 are handled under the new decree.
Who is affected?
- Apartment owners and operators: Existing short-term and tourist accommodation models should be checked against the approved apartment function, tourist accommodation registration and operational compliance requirements.
- Foreign individual owners: Failure to notify the commune-level housing authority before leasing or after termination of a housing lease may attract a fine of VND 20 million to VND 30 million.
- Developers and investors: Specified misuse or conversion of common areas, apartments or service areas may attract fines of VND 260 million to VND 300 million. Major violations involving future-formed properties may attract fines of up to VND 1 billion.
- Management boards: Decision 19 requires that the use of common areas be determined by the condominium general meeting. Decisions of a management board exceeding its authority have no legal validity. Decree 339 also imposes penalties for specified governance and maintenance fund violations.
What should clients do now?
- Map the portfolio: Identify apartments offered for short-term or tourist accommodation and confirm their approved type and use function.
- Verify registrations: Confirm tourist accommodation registration, tax compliance, residence reporting, security, fire safety and other operating requirements.
- Review documents and governance: Check lease documentation, building rules, general meeting decisions and management board actions.
- Assess enforcement exposure: Identify continuing arrangements that may fall within Decree 339 and consider whether operational or contractual restructuring is required.
Please contact us to discuss how Decision 19 and Decree 339 affect your apartment portfolio, development project or short-term accommodation model.