(CLO) On March 3, Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong signed and issued Decision No. 26/2025 regulating the management and use of apartment buildings in the area, including demarcating parking areas and regulations related to the exploitation of common areas in apartment buildings.
According to this decision, to exploit an apartment as a tourist accommodation service in an apartment building, the following conditions must be met: The apartment for rent must be an apartment used as a tourist accommodation facility in an apartment building with mixed-use purposes ( tourist apartment); Organizations and individuals doing business in tourist accommodation services; Tourist apartments must meet the conditions and standards according to the law on tourism .
Business organizations and individuals must also comply with the provisions of the law on conditional investment and business sectors. The lease must ensure the correct purpose of use for residence, absolutely do not use the apartment for purposes other than residence.
In addition, the rental must have a contract signed between the owner and the tenant of the apartment. The apartment rental contract does not have to be notarized or certified. Organizations and individuals doing business in tourist accommodation services in apartment buildings must be responsible for registering temporary residence and notifying the residence of tourists who are Vietnamese citizens, foreigners, and Vietnamese people residing abroad according to current laws.
The newly issued decision clearly regulates the business of accommodation in apartment buildings.
The apartment building management board and the apartment building operation management unit shall, based on the lease contract, require the person using the rented apartment to comply with the rules and regulations on management and use of the apartment building to ensure security and order of the apartment building and avoid affecting the residents living in the apartment building.
In particular, this Decision also clearly defines parking areas for owners and users of apartment buildings, including parking spaces under common ownership, car parking spaces and public parking areas.
In particular, the ownership of parking spaces in apartment buildings is determined according to the provisions of law, according to the apartment purchase and sale contract, lease-purchase contract or established as a separate contract and the signing of the purchase and sale contract between the parties must ensure compliance with the provisions and conditions on signing civil contracts.
The Ho Chi Minh City People's Committee also stipulates that the exploitation of the common area in the apartment building must be decided by the apartment building conference, including the approval of the contents on the type of service exploited, location and area of exploitation, exploitation period, starting price or listed price, and reasonable and valid costs (if any).
The proceeds from the exploitation of the common area in the apartment building, after deducting reasonable and valid expenses, shall be deposited into the maintenance fund account and used to maintain the common area of the apartment building.
Regarding the maintenance fee for common property in apartment buildings, for apartment building projects in which the investor signs a contract to buy, lease-purchase an apartment or other area in the apartment building from July 1, 2006 to before the effective date of the Housing Law 2023, if the contract to buy, lease-purchase an apartment or other area in the apartment building does not have an agreement on maintenance fees, the investor must pay this amount.
In case the purchase or lease-purchase contract of an apartment or other area in an apartment building does not include maintenance fees, the owner shall pay the maintenance fees as prescribed in Clause 3, Article 152 of the 2023 Housing Law.
For apartment building projects in which the investor signs a contract to buy, sell, or lease an apartment or other area in an apartment building from July 1, 2006 to before August 1, 2024, the provisions of Clause 4, Article 152 of the 2023 Housing Law shall apply.
Source: https://www.congluan.vn/tp-hcm-quy-dinh-ro-ve-hoat-dong-cho-thue-luu-tru-du-lich-trong-can-ho-chung-cu-post336888.html
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