House rental(not apartment)

ii have been told as a foreigner renting house from individual owner requiring them to register as a business like an Airbnb with fire suppressing protocols. Thus some owner would opt out from renting to foreigner. Would having a TRC or PRC solve the problem and how where i can obtain such documents ? - @brianAFSER73

A question to you, if I may. Who told you this, or where had you read it? You stated in a previous post, "Making sure the landlord knows how to register his property as an Airbnb or rental property with local authorities so they don’t come messing with you." (Link to post from last year). That thread, in its entirety, is worth the read.

I've rented only houses in the 9 years I've been here, and have never heard of this requirement. The property owner/property management/landlord is required to register the foreign occupant/renter with the police (select #3, Declare temporary residence for foreigners), but this has always been the case. They must create an account, and declare the foreigner renting at the address. There is no, to the best of my knowledge, any requirement to register as an AirB&B.

Take a moment and read this thread from 2 months ago...

Long term rentals and the law for foreigners

Again, we'd very much appreciate your telling us who told you this, or where had you read it? If true, further investigation would be warranted.

@brianAFSER73

Hello, in fact the landlord must lawfully register its business in the local Committee prior offering a house or apartment for rent, no matter if to citizens or expats.  That is not mandatory if hosting visitors for free.

You must know that local citizens must also register their temporary residence through the landlord when they plan to stay longer than 30 days (3 days in case of foreigners) in any circumstance payed or not.

Hence you should find another house, because that rule is well known, but they want to do everything informally.

Regarding to have or not TRC within this topic is not relevant, being legally in Vietnam is enough

@brianAFSER73 Hello, in fact the landlord must lawfully register its business in the local Committee prior offering a house or apartment for rent, no matter if to citizens or expats. That is not mandatory if hosting visitors for free.

Are you sure about registering as a "business"? I know they must open an account with the immigration department (see link in post #2) if/when they host a foreigner and must register the foreigner as staying there. I believe this is true even if the foreigner is staying there rent-free. I stayed at GF's brother's house up in Phu Long for only 1 night, and was asked to go register at the local police station there. I was told by the police that any foreigner staying overnight must be registered, even as a guest.

You must know that local citizens must also register their temporary residence through the landlord when they plan to stay longer than 30 days (3 days in case of foreigners) in any circumstance payed or not. Hence you should find another house, because that rule is well known, but they want to do everything informally.Regarding to have or not TRC within this topic is not relevant, being legally in Vietnam is enough - @ajairon

Agreed, but unless changed I was told that foreigners must be registered, even if staying only for a single night. Three nights sounds much more reasonable.

I'm thinking that landlords wanting to avoid registering a foreigner as renting from them might be due to tax implications. That, and not wanting to attract the attention (scrutiny?) of local officials.

As to brianAFSER73's comment regarding "fire suppressing protocols", that would very much surprise me if applicable to single family dwellings being rented. None of the homes I rented had any sort of fire safety systems. No smoke alarms until I installed them, no fire extinguisher until I bought them, not even a garden hose long enough to reach around the house.

In each of the homes the landlord registered my GF and I as renters there. My landlord in Thai Nguyen, where I spent 2.5 years, was/is a policeman.

In brief, yes, the landlord must follow all legal requirements to rent out a house OR CONDO or APARTMENT or HOSTEL to foreigners.

There has been a big recent crackdown here in Đà Nẵng causing a lot of immediate evictions AND business closures.

Two examples come to mind:

A Vietnamese woman rented a local apartment and then had her American boyfriend move in with her, with the landlord's permission.

The landlord attempted to register the foreigner but ended up returning from the police and evicting him.

She told the Vietnamese tenant that the police told her that the property wasn't legally qualified for renting to foreigners.

Apparently the upgrades necessary (business registration, physical improvements, etc) were too expensive for the landlord's budget.

The other example involved a young Vietnamese man opening a hostel near the beach in the Sơn Trà, Đà Nẵng ward, near the beach.

The place immediately became very popular and fully booked most nights.

Then, without warning, the landlord closed the hostel, evicting everyone staying there.

He also put the blame on the police for enforcing business ordinances regarding renting to foreigners.

It's worth noting that these are reportedly not new regulations; just requirements that haven't been strictly enforced, since most landlords have been willing to slip police coffee money at the time of registering the foreigner or renewing the registration.

But with the most recent crackdowns here in Đà Nẵng--especially in the tourist neighborhoods--there doesn't seem to be any room for local police to overlook the situation, no matter how much coffee money is offered.

I personally live far away from the tourist areas here (in Thanh Khê ward) and I'm not sure if my landlord has properly upgraded and registered our house as approved for rental to foreigners.

But when the recent reorganizing of provinces was recently completed, I was told that my police registration would only be good for 6 months, even though my TRC expires in September, 2028.

We pleaded with the local police officer and "convinced" him to extend the police registration for me to one year.

I'm saying, I think this policy is being more strictly enforced in Expat areas and (perhaps) mostly in places where the foreigner isn't cohabitating with a Vietnamese citizen, regardless of the examples I previously gave.

ii have been told as a foreigner renting house from individual owner requiring them to register as a business like an Airbnb with fire suppressing protocols. Thus some owner would opt out from renting to foreigner. Would having a TRC or PRC solve the problem and how where i can obtain such documents ? - @brianAFSER73

Your status (tourist Visa or 5-year VEC or business visa or TRC) has absolutely nothing to do with the problem.

It's a requirement that the landlord has to fulfill before the property can legally be offered to you for rental

@Aidan in HCMC

Hello Aidan and everybody. The trick is "if a contract exists, a business it is". Police will know if someone is collecting money without tax declarations. What I know there is not any special registration to differentiate a rental house to locals or foreigners, it's just a rental house.

In case of accommodation for free the owner can go to the local Police in the Popular Comittee and register the foreigner as a guest. What I am not sure about is what was the permit on my wife who is not the owner of the family house, but she does my registration with our marriage certificate at the Police every time we go to her hometown... Maybe because the family book?

Now regarding the short-term of 3 days I mentioned in my previous collab, Aidan makes me to double check for any new changes, and yes this year there are more strictly procedures and now we must be registered within the 24 hours no matter how short or long is the accommodation.... Woooowww

The trick is "if a contract exists, a business it is".

More of your absolutely uniformed drivel. You don't know what you're talking about.

What I know there is not any special registration to differentiate a rental house to locals or foreigners, it's just a rental house.

I guess I can't call you a liar since you are obviously totally ignorant of the law and DON'T KNOW WHAT YOU ARE TALKING ABOUT.

...yes this year there are more strictly procedures and now we must be registered within the 24 hours no matter how short or long is the accommodation.... - @ajairon

That has ALWAYS been the law. Just not always enforced.

@OceanBeach92107

OK expert, please your illumination where is it written that a rental house approved to serve local residents requires a second special permission in order to rent to foreigners? Thanks in advance.

Despite your answer, it does not really matter,since it's practically impossible the landlord will change its mind and start following even the most basic regulations when they had not done so before to avoid taxes

Vietnam's largest island Phu Quoc tightens inspection on accomodation(sic) facitities(sic) to ensure tourist safety (Link, VN Express)

"Authorities in the southern province of An Giang are tightening inspections of guesthouses, resorts, and homestays in Phu Quoc to promptly screen and detect criminals in an effort to ensure safety for tourists amid a tourism boom." (more at linked article)

I can attest to the accuracy of the statement in the article...

"The large influx of visitors has heightened the risk of various crimes, particularly criminal, economic and drug-related offenses, as well as social vices and the possibility of wanted fugitives hiding and carrying out illegal activities in Phu Quoc..."

No mention of "fire suppressing protocols", or business registration enforcement.

There is a new Circular and Decree with some changes in procedures starting May 21st. for temporary residence registration for locals and foreigners ( https://tbltkbtt.bocongan.gov.vn/auth/welcome) I will open a new topic soon

Vietnam rolls out joint temporary residence platform for locals and expats

(Link, VN Express)

(that wording might attract the unexpected sort of temporary resident 😉)

Hello. I would like to jump in. I want to rent a house in Vietnam. With a yearly lease. Now, this house is not a homestay. It is a private house owned by a private citizen. No business registration. No homestay designation. So here is the problem I faced. The landlord went to the police and was told, " No way; you cannot rent to a foreigner unless you start a homestay business. It would cost around 1200 CAD. Or 20 million dong. Had to submit to an inspection. Get fire suppression and all the things that you have to do as a homestay. I went to the police myself, and they told me to go stay in a homestay. I was pretty sad because it was a lovely house and the rent was only 2 million dong per month. I have found another house and think I will go about it a different way. I will have a very good friend, a Vietnamese citizen, rent the house for me and then register my wife and me as guests on the website. No visit to the station. Am hoping this might work. Lets see.

Hello. I would like to jump in.

Hello mccrabbo (fellow Canadian). Welcome to the expat.com Vietnam forum.

I want to rent a house in Vietnam. With a yearly lease. Now, this house is not a homestay. It is a private house owned by a private citizen.

A one-year lease agreement on a house in Vietnam is not an issue. It is considered a civil matter between the tenant and the landlord. That said, and although you didn't ask, the landlord cannot register a tenant's temporary residence with the police for a period beyond the tenant's current, valid visa expiration date. The landlord must re-register the tenant upon the issuance of a new visa.

No business registration. No homestay designation.

I'm not sure if there is some sort of translation issue coming into play but, as I understand it, it is not required for a landlord to register as a business (LLC, Sole Proprietorship, etc). What a landlord must do is register as the lessor of the property, and to declare to the state the taxable income received from the tenant. As you might imagine, this is often a sticking point for landlords.

So here is the problem I faced. The landlord went to the police and was told, " No way; you cannot rent to a foreigner unless you start a homestay business. It would cost around 1200 CAD. Or 20 million dong. Had to submit to an inspection. Get fire suppression and all the things that you have to do as a homestay. I went to the police myself, and they told me to go stay in a homestay.

Where are you located in Vietnam? In my nine years in Vietnam, and having resided/rented three different houses (Saigon, Thai Nguyen, Phu Quoc), never have any of the property owners been required to register a business, nor to install a fire-suppression system. I ask where you are located because it might be that the local police authorities in your area are interpreting landlord regulations/responsibilities differently. See member OceanBeach92107's post #5 in this thread.

I was pretty sad because it was a lovely house and the rent was only 2 million dong per month.

Safe to assume you're in a rural setting? In a village just on the outskirts of Thai Nguyen City, only 4 years ago, I rented a beautiful new all wood home for 1.5 Million per month. I always paid 6 months, so 9 million twice a year. I was there 2.5 years.

I have found another house and think I will go about it a different way. I will have a very good friend, a Vietnamese citizen, rent the house for me and then register my wife and me as guests on the website. No visit to the station. Am hoping this might work. Lets see. - @mccrabbo

I don't believe your friend will be able to register you and your wife as guests without the involvement of the actual landlord. We'd appreciate hearing more from you as you go through this.

Once again, welcome to the forum.

@mccrabbo

hello, you can read my post #3 and #11 in this thread. I'm always based on the state rules of Vietnam and the business registration of the house is mandatory for the landlord, and no matter if the property is to be rented to locals or foreigners. However, the informalism is still a big practice, reason why some other collaborators are also surprised about what the Police has said.

Now, regarding your plan to ask a local to rent the house on their behalf, it should not work since only the landlord (or representative) is who can register your homestay in the same police office of the same area.

A good alternative to try is the landlord register himself at the https://tbltkbtt.bocongan.gov.vn/HD%C4% … _CSLT.pdf. But again, if he never did it before, is because he doesn't like formalisms, and surely he won't.

Regarding to sign a yearly contract, it is perfectly legal. However, a little risky to you if you currently dont have a visa for at least that periord of time. A refused Visa renewal is not considered a majeure force to terminate a contract in good terms.

@ajairon

Your post essentially reflects my post, preceding yours.

I still believe there is a translation error which may or may not be propagated by local police divisions. Where you say "...the business registration of the house is mandatory for the landlord..." it think should rather be stated as "registration of the business or the house".

There is no mention in any of the immigration pages I've read indicating the need for a landlord to register as a business. In fact, at the immigration site you linked, if you proceed to the registration application, under

"Accommodation information

Type of accommodation"

under "Select accommodation type", there is the option to choose "Non-business household".

What must be registered is the property, be it a private home or a business.

I get the feeling that the police have their own (justifiable) reasons for their recent actions. I'd read on a VN law site a while back (sorry, can't find link) that in order for a property to be rented it must have water, electricity, and be "safe". It wouldn't take much of a stretch for police to find reasons why a property might not be considered safe, such as having no fire suppression system, even though this is not something immigration insists on. For that matter, police could call upon any number of local zoning and/or safety by-laws to shut down a rental property they might have objections to.

@Aidan in HCMC

Well, regarding the registration of foreigners you are totally right, nothing related to taxes are in that form for staying registration, reason why I suggested to open an account (the landlord) directly in the website. In the other hand, the Housing Law of 2023 (Law No. 27/2023/QH15) took effect on August/2024, and says that the landlord must register for a Personal Tax Code and obtain a Certificate of Satisfaction of Security and Order Conditions issued by the zonal police.

Of course the tenant would get its homestay registration without further responsibilities, but everybody knows how effective is the police to find foreigners and knock their doors....  The police could ask tenants to leave the place and you can imagine the impacts....  move to a hotel, reclaim your deposit, blablabla

I am not sure if this helps but I would just add that we were told a business license was required to register a foreigner.

Our apartment is in my wife's name but up until recently I was able to register my address with the apartment management office. That changed and they said my wife, the apartment owner needed to do it from now on. Originally when she submitted to register my address it was rejected citing that my wife did not have a business license. The police really acted like they weren't going to allow it originally but after some back and forth and a lot of time she got them to finally just accept it as is.

Mine was a different situation, not a house and I am not renting but I can confirm they are getting more strict about requiring landlords to have business licenses. This was in HCMC. I have no clue what law they were citing. Would be weird if they didn't allow me to stay in my own home. I guess its not just a house thing, its also apartments too.

We just renewed my temporary registration with the local police here in Đà Nẵng last week.

We have previously had the signature of the landlord on the paperwork but the police officer said it wasn't necessary this time; that my wife could sign.

It might have helped that the local committee man and I are good friends and he invited the police officer over to do the registration with my wife.

For the second year in a row they only allowed a one year renewal, which is okay because our lease on this house expires next year.

Maybe it also helped that we gave the police officer some coffee money, to avoid needing to actually go to the police station.

@jrharvey

hello, that experience was a mistake of the police because that rule is not for family houses/appartments.

For the other experience told by OceanBeach, yes, from this year Vietname spouses can register their family members in the VNeID application while the address is also the same where is owner or tenant. Sorry, I didn't share that before because I was also attached by my wife this year, but didnt know it was a new enhacement in the law. Whether my blood family or friends visit me (also foreigners of course) can be also attached by my vietnamese wife, I still dont know, maybe not by her but the landlord, but surely we will not be requested for Certificates of Safety/Security/Businesses of the house my vietname wife (or her family) owns

@ajairon

Yeah I assumed they were just mistaken about the family member thing because it really would not make sense. The officer is brand new to registering for our building. We had the same person doing registrations for years and it just switched. Maybe they just aren't caught up yet.