Decision 26/2025/QD-UBND, recently issued by the Ho Chi Minh City People's Committee (HCMC PC), establishes new regulations on the management and use of apartment buildings in Ho Chi Minh City (HCMC). This decision is seen as a practical step in resolving ongoing issues related to apartment management and usage, particularly disputes concerning shared and private ownership. It also aims to protect residents' interests by providing clear guidelines on short-term and tourist rental activities (such as Airbnb) in residential and mixed-use apartment buildings.

Recently, the HCMC PC issued Decision 26/2025/QĐ-UBND, establishing regulations on managing and using apartment buildings in HCMC. These regulations apply to the management and use of apartment buildings constructed for residential purposes, mixed-use residential buildings, and multi-story, multi-unit housing developments by the 2023 Housing Law.

According to Ms Trần Minh Ái, Senior Director of the Property Management Department at Savills HCMC, this decision addresses key challenges in apartment building management, including shared and private ownership issues. It also tackles the increasingly pressing topic of short-term rental accommodations for tourism.

Resolving Shared vs. Private Ownership Disputes

First, the decision mentions parking areas within apartment buildings and the regulations related to the use of shared spaces, helping to minimise conflicts over ownership rights. While disputes over shared and private ownership arise in various areas and amenities within apartment complexes, underground parking lots and vehicle parking areas have consistently been hot spots for conflicts between residents and developers. Under the new regulations, in addition to the standard documentation and shared-use areas that must be handed over as per existing rules, developers are now required to prepare and provide detailed floor plans of the parking areas. These plans must clearly define parking spaces allocated to apartment owners, common property parking spaces, designated parking spots, and public parking areas.

Additionally, the decision clarifies how revenue from shared property spaces should be managed. Previously, the Housing Law required such revenue to be transferred into the maintenance fund but did not specify how legitimate expenses should be deducted. Decision 26/2025/QĐ-UBND explicitly states that revenue generated from shared spaces must account for legitimate expenses before being deposited into the maintenance fund. This new clarity aims to end long-standing disputes over this issue.

Ensuring Residents' Interests and Living Environment

Decision 26/2025/QĐ-UBND also makes stricter regulations on the rental of apartment units, requiring that leasing activities align with the approved purpose of use and comply fully with legal requirements for business operations.

Accordingly, the decision specifies that rental agreements must be formalised through contracts between the unit owner and the tenant in apartment buildings designated solely for residential use. The intended use of the leased apartment must strictly be for residential purposes.

Although this regulation is not new—the 2023 Housing Law already prohibits using residential apartments for non-residential purposes—Article 3, Clause 8 of this law explicitly forbids unauthorised changes to the apartment's function or improper usage that may affect the building’s structure. However, Decision 26/2025/QĐ-UBND provides more detailed guidelines and aligns with other housing-related regulations, ensuring all stakeholders understand the rules clearly. This decision is necessary to enforce stricter control over apartment leasing and restore the intended residential environment in apartment complexes designated for housing.

The decision offers detailed guidance on leasing apartments within mixed-use residential buildings. For apartment buildings designated for tourism accommodation, short-term rentals by the day or hour are classified as a tourism lodging business and fall under the jurisdiction of the 2017 Tourism Law. According to Article 49 of this law, lodging businesses must register their operations and meet security, fire prevention, environmental protection, and facility standards requirements. As a result, individuals and organisations may only operate short-term rental services if they fully comply with these legal conditions.

Ms Ái stated: “Recently, Ho Chi Minh City has seen many discussions regarding the 2023 Housing Law, which specifies that apartments are to be used solely for residential purposes. However, debates have continued over whether short-term rentals should be considered ‘residential use’ or classified as ‘tourism accommodation.’ This new decision provides greater clarity and aligns with the law, facilitating oversight by management units while addressing the challenges associated with short-term rental models in apartment buildings. It helps ensure the proper use of amenities and maintains a suitable living environment for residents.”

Towards a Transparent and Stable Living Environment

This decision has been issued at the right time to address long-standing issues swiftly. In particular, with growing pressure from increasing disputes and more substantial demands for residents' rights, many apartment owners have become more aware of their legal rights, responsibilities, and relevant regulations regarding apartment buildings. Furthermore, this is also a period when authorities have gained more profound insights into the operation of apartment projects, and management companies have a clearer understanding of their roles and responsibilities. Therefore, it is crucial to introduce a legal framework that all stakeholders—including residents, developers, management boards, and local authorities—can rely on to collectively resolve long-standing issues in Ho Chi Minh City and Vietnam as a whole.

However, as these regulations are implemented in practice, further improvements and adjustments will be necessary. Therefore, the Senior Director of Savills has proposed establishing a dedicated task force to handle apartment-related disputes efficiently, preventing conflicts from escalating unnecessarily.

Additionally, transparency regarding apartment buildings across the city should be enhanced. This includes publicly disclosing legal status and clarifying shared and private ownership areas so that residents can easily access and understand the applicable regulations. At the same time, management boards and property management companies should invest in technology and develop online systems to provide residents with clear and accessible information about maintenance funds, preventing any potential misuse.

Decision 26/2025/QĐ-UBND has brought positive changes to the management and operation of apartment buildings. It lays the foundation for resolving existing issues and aims to create a more transparent and stable living environment for residents in Ho Chi Minh City.