Decree 95/2024 Landlord Registration Rules for Expats

The enactment of Government Decree No. 95/2024/ND-CP (detailing provisions of the Law on Housing No. 27/2023/QH15), effective August 1, 2024, marks a monumental transition in Vietnam’s real estate governance. This comprehensive regulatory instrument directly transforms how residential leases are executed, verified, and administered across Ho Chi Minh City, Hanoi, Da Nang, and major industrial FDI corridors.

For expatriate executives, foreign investors owning property, multinational corporate HR directors, and diplomatic personnel, Decree 95 establishes transparent statutory baselines while introducing stringent administrative duties regarding landlord eligibility, alien temporary residence reporting (Khai báo tạm trú), building fire prevention certifications (PCCC), and fiscal transparency.

Quick Takeaway

Key Summary & Expat Answer

Decree 95/2024/ND-CP establishes that foreign citizens holding valid visas or TRCs can legally lease residential property in Vietnam without provincial permits, but mandates that landlords possess verified Pink Books, register alien tenants online within 12 hours, comply with strict PCCC fire standards, and declare 10% rental taxes.

Decree 95/2024 fundamentally cleanses the leasing landscape: it sweeps away informal verbal agreements, codifies mandatory electronic immigration reporting, and empowers tenants to demand verified ownership deeds and fire safety clearances before remitting escrow funds.

Lawyer Tran Minh Duc

Senior Real Estate & Corporate Counsel, LeaseInVietnam

1. Statutory Foundations: Law on Housing 2023 & Decree 95/2024 Overview

Quick Answer: Decree 95/2024/ND-CP serves as the primary subordinate legislation implementing the 2023 Law on Housing. It explicitly codifies foreign nationals’ residential leasing rights, abolishes bureaucratic sub-licensing, establishes clear legal conditions for foreign property owners leasing out units, and prohibits unlicensed short-term commercial vacation rentals in pure residential condominium complexes.

The legislative landscape governing residential real estate in Vietnam underwent a thorough modernisation with the concurrent implementation of the Law on Housing 2023, the Law on Real Estate Business 2023, and the Land Law 2024. Within this synchronized tripartite reform, Decree 95/2024/ND-CP acts as the operational rulebook for residential premises:

                      VIETNAM 2024–2026 HOUSING LEGAL ARCHITECTURE
                                           │
         ┌─────────────────────────────────┼─────────────────────────────────┐
         ▼                                 ▼                                 ▼
[LAW ON HOUSING 2023]             [DECREE 95/2024/ND-CP]          [DECREE 96/2024/ND-CP]
• Law No. 27/2023/QH15            • Implementing Regulations      • Law on Real Estate Business
• Foreign Ownership Quotas (30%)  • Alien Leasing Rights          • Small-Scale Landlord Rules
• Residential Tenancy Rights      • Fire Safety & Tam Tru         • Individual vs Corporate Scope

Core Statutory Rights of Foreign Lessees

Under Chapter VII of the Law on Housing 2023 and Chapter IV of Decree 95/2024, foreign citizens residing lawfully in Vietnam enjoy complete contractual capacity to enter into residential leases:

Eligible Lessees: Any foreign individual who has entered Vietnam legally and holds a valid passport bearing an unexpired entry stamp, an electronic visa (e-visa), a business or tourist visa, or a Temporary Residence Card (TRC) possesses full legal capacity to sign a residential lease contract.
Abolition of Provincial Approvals: Under prior legacy frameworks from two decades ago, foreigners required municipal public security clearances to reside outside designated diplomatic zones. Decree 95 eliminates all discriminatory sub-licensing; foreign tenants enjoy the same civil leasing protections as Vietnamese citizens.
Prohibition of Illegal Vacation Conversions: Decree 95 explicitly reinforces the ban on using apartment units located within pure residential condominium towers for short-term daily or hourly tourist subletting (such as unlicensed Airbnb networks) without the formal written authorization of the condominium owners’ committee (Ban Quản Trị) and local authorities.

2. Foreign Property Owners: Legal Rules for Subleasing in Vietnam

Quick Answer: Foreign individuals who legally own residential properties in Vietnam under 50-year ownership titles (Pink Books) possess the explicit right to lease their properties under Article 19 of the Law on Housing 2023. However, they must notify the district housing authority, report foreign tenants to immigration within 12 hours, obtain a personal tax code, and pay 10% taxes on revenue exceeding ₫100M/year. Foreign tenants who do not own properties are strictly banned from subleasing for profit.

A vital contribution of Decree 95/2024 is the clarification of rights and limitations governing foreign individuals who hold property ownership in Vietnam:

┌────────────────────────────────────────────────────────────────────────────────────────┐
│               FOREIGN PROPERTY OWNERSHIP & LEASING COMPLIANCE AUDIT                    │
├────────────────────────────────────────────────────────────────────────────────────────┤
│ 1. Legal Basis: Article 19, Law on Housing 2023 & Article 31, Decree 95/2024/ND-CP    │
│ 2. Ownership Verification: Certified Certificate of Ownership (Sổ Hồng / Pink Book)    │
│ 3. Municipal Filing: Written notification to District Housing Management Division     │
│ 4. Immigration Compliance: Online declaration of tenant within 12 hours on web portal  │
│ 5. Fiscal Registration: Personal Tax Code (Mã số thuế) & 10% tax filing via eTax      │
│ 6. Banking Compliance: Domestic VND rental collection account & tax clearance for wire │
└────────────────────────────────────────────────────────────────────────────────────────┘

Distinction Between Foreign Owners and Foreign Tenants

Foreign Homeowners (Legal Landlords): Foreign nationals who acquired condominium units or landed villas within approved commercial development quotas (the 30% foreigner quota under Law on Housing 2023) and hold a valid Certificate of Land Use Rights and Ownership of Residential House (Pink Book) are fully permitted to lease out their property. Under Article 19, Clause 2, they must deliver formal written notification of the lease to the District People’s Committee housing office prior to commencement.
Foreign Tenants (Prohibition on Subletting): A foreign citizen who leases a villa or apartment from a Vietnamese landlord cannot legally turn around and sublease bedrooms or the entire premises to third parties for commercial gain, unless they have established a licensed Foreign-Invested Enterprise (FIE) with real estate business operational scope under the Law on Real Estate Business 2023. Violations result in lease invalidation, eviction, and severe administrative penalties under Decree 16/2022/ND-CP.

The “Small Scale” Real Estate Threshold (Decree 96/2024/ND-CP)

Under Decree 96/2024/ND-CP (guiding the Law on Real Estate Business 2023), individual property owners—including foreign owners—who lease out real estate on a “small scale” are exempted from incorporating a full-fledged real estate enterprise (which would require minimum chartered capital and corporate governance).

An individual qualifies as leasing on a small scale if:

They lease out fewer than 10 residential units simultaneously, or
The total transaction value of their lease contracts does not exceed ₫300,000,000,000 ($12 million USD).

Such landlords must simply operate as individual business households (Hộ kinh doanh) or individual asset lessors (Cá nhân cho thuê tài sản), filing simplified personal taxes under Circular 40/2021/TT-BTC.

3. Mandatory Alien Temporary Residence Registration (Khai Báo Tạm Trú)

Quick Answer: Under Decree 95/2024 and immigration laws, landlords leasing to foreign citizens must submit electronic temporary residence declarations via the provincial Immigration Department web portal within 12 hours of move-in. Failure to declare triggers administrative fines of ₫2,000,000–₫5,000,000 per violation and can derail foreign tenants’ work permits and TRC cards.

Temporary residence declaration (Khai báo tạm trú) represents the most critical administrative touchpoint between foreign lessees and Vietnamese public authorities. Decree 95 mandates 100% digitalization of this workflow:

┌────────────────────────────────────────────────────────────────────────────────────────┐
│                    DIGITAL ALIEN REGISTRATION (TẠM TRÚ) WORKFLOW                       │
├────────────────────────────────────────────────────────────────────────────────────────┤
│ Step 1: Move-In Execution ➔ Landlord collects tenant passport, visa stamp & TRC       │
│ Step 2: Electronic Submission ➔ Landlord accesses provincial immigration portal        │
│ Step 3: Data Entry ➔ Passport number, nationality, date of birth, lease duration       │
│ Step 4: System Confirmation ➔ System generates digital registration receipt            │
│ Step 5: Document Delivery ➔ Landlord provides printed/PDF Phiếu Khai Báo to tenant     │
└────────────────────────────────────────────────────────────────────────────────────────┘

The 12-Hour Reporting Window and Technical Mechanics

Under Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (Law No. 47/2014/QH13, amended by Law No. 51/2019/QH14) and Decree 95/2024:

Strict Statutory Timeline: The lessor (or building management office acting on behalf of the lessor) must submit the electronic declaration within 12 hours of the foreign tenant taking physical occupancy of the dwelling (extended to 24 hours only in remote rural border communes).
Direct Official Web Portals: Declarations are executed exclusively via authenticated provincial immigration web portals (e.g. https://hochiminh.xuatnhapcanh.gov.vn for HCMC and https://hanoi.xuatnhapcanh.gov.vn for Hanoi). The practice of manual paper logbooks (Sổ đăng ký tạm trú) at the local ward police station has been completely replaced by the national digital database.

Evidentiary Necessity for Expatriates

Expatriate tenants must demand a physical printout or electronic PDF export of the Phiếu Khai Báo Tạm Trú bearing the official immigration system barcode and verification timestamp. This document is mandatory for:

Issuance or renewal of the Temporary Residence Card (TRC);
Work Permit (Giấy phép lao động) applications submitted to the Department of Labor, Invalids and Social Affairs (MOLISA);
Opening a domestic Vietnamese commercial bank account (Vietcombank, Techcombank, HSBC, Standard Chartered);
Converting a foreign driver’s license to a Vietnamese national driver’s license (Đổi giấy phép lái xe).

4. Fire Safety (PCCC) Compliance Standards for Leased Residential Buildings

Quick Answer: Under technical national standard QCVN 06:2022/BXD and Prime Minister directives, residential buildings with 5 or more rental units must hold an independent Fire Safety Inspection Certificate (Giấy chứng nhận thẩm duyệt PCCC). High-rise apartments inherit master building clearances, but private landed townhouses and shophouses converted into expat apartments require dedicated secondary fire escapes and smoke detection systems.

Following tragic high-density residential fires in recent years, the Vietnamese government and Ministry of Public Security instituted aggressive nationwide fire safety enforcement:

                           FIRE SAFETY (PCCC) COMPLIANCE STANDARDS
                                              │
         ┌────────────────────────────────────┴────────────────────────────────────┐
         ▼                                                                         ▼
[HIGH-RISE CONDOMINIUMS]                                                 [PRIVATE SERVICED HOUSES]
• Developments >5 stories                                                • Multi-unit shophouses & villas
• Master PCCC Acceptance Certificate                                     • Mandatory independent inspection
• Automated sprinkler grids & smoke dampers                              • External iron emergency escape stairs
• Pressurized fire escape stairwells                                     • ABC dry chemical extinguishers on each floor
• 24/7 central monitoring control rooms                                  • Clear egress corridors free of motorbikes

Key Technical Criteria Under QCVN 06:2022/BXD

Master High-Rise Developments: Major master-planned condominium projects (such as Vinhomes Central Park, Estella Heights, City Garden, or Starlake Hanoi) hold formal Fire Safety Acceptance Certificates (Văn bản nghiệm thu về PCCC) issued by the Fire and Rescue Police Department (Cục Cảnh sát PCCC và CNCH). Individual apartment lessees are fully protected by integrated wet-pipe sprinkler grids, addressable optical smoke sensors, and pressurized positive-pressure fire egress stairwells.
Serviced Apartment Buildings & Converted Townhouses: Properties featuring ground-floor motorbike parking with rental units above present the highest regulatory risk. Under current municipal inspection guidelines in HCMC and Hanoi:
- Ground-floor parking zones must be partitioned from upper residential stairwells by fire-resistant doors (Class EI 60);
- A secondary emergency escape route (Lối thoát nạn thứ hai)—such as an external cantilevered steel fire escape ladder connecting balconies to ground level—must be physically installed;
- Portable fire extinguishers (minimum 4kg ABC dry chemical or 3kg $CO_2$) must be installed at a density of at least one unit per 50 $m^2$ on every habitable floor.

Tenant Advisory: Expatriates leasing in standalone low-rise buildings must inspect the landlord’s official PCCC compliance dossier prior to signing. If local ward police issue an administrative suspension notice due to fire code non-compliance, tenants can face abrupt mandatory power cut-offs and evacuation.

5. Tax Compliance, Personal Tax Codes & E-Invoice Withholding

Quick Answer: Landlords generating over ₫100,000,000 per calendar year from residential leasing are legally required to declare and remit 10% taxes (5% VAT + 5% PIT) under Circular 40/2021/TT-BTC. For multinational corporate leases, employers must obtain valid electronic VAT invoices (e-invoices) authenticated by the General Department of Taxation to justify Corporate Income Tax deductions.

Fiscal compliance on residential leases in Vietnam is strictly administered by the General Department of Taxation (GDT) under Circular No. 40/2021/TT-BTC, Circular No. 78/2021/TT-BTC, and Decree No. 123/2020/ND-CP:

┌────────────────────────────────────────────────────────────────────────────────────────┐
│                        RENTAL TAXATION MATHEMATICAL MODEL                              │
├────────────────────────────────────────────────────────────────────────────────────────┤
│ Annual Gross Rental Revenue Threshold: ₫100,000,000 per calendar year                  │
│ • If Revenue ≤ ₫100M ➔ 0% VAT, 0% PIT (Completely Exempt)                              │
│ • If Revenue > ₫100M ➔ Tax applies to 100% of gross revenue                            │
│                                                                                        │
│ Tax Formulation:                                                                       │
│   VAT Payable = Gross Rental Revenue × 5%                                              │
│   PIT Payable = Gross Rental Revenue × 5%                                              │
│   Total Fiscal Liability = Gross Rental Revenue × 10%                                  │
└────────────────────────────────────────────────────────────────────────────────────────┘

Net vs Gross Rental Contracts

In Vietnamese tenancy practice, leases are drafted according to two distinct pricing conventions:

Gross Rental Agreement (Giá thuê đã bao gồm thuế): The stipulated monthly rental rate includes all taxes. The landlord assumes legal and administrative responsibility to file tax return Form 01/TTS with the local District Tax Department, remit the 10% tax, and deliver an electronic VAT invoice (Hóa đơn điện tử cấp theo từng lần phát sinh) to the corporate tenant.
Net Rental Agreement (Giá thuê chưa bao gồm thuế): The landlord receives a clean net figure (e.g. ₫50,000,000/month). If the corporate tenant requires legitimate tax documentation to deduct the expenditure for Corporate Income Tax (CIT) purposes, the corporate tenant must gross up the contract and pay the 10% tax on the landlord’s behalf: Gross Contract Value = Net Rental Amount / (1 - 0.10) = ₫50,000,000 / 0.90 = ₫55,555,556 The corporate tenant withholds and remits ₫5,555,556 (5% VAT + 5% PIT) to the State Treasury and delivers an official electronic withholding receipt to the property owner.

Banking and Foreign Exchange Regulations (SBV Directives)

Under State Bank of Vietnam Circular No. 16/2014/TT-NHNN and Circular No. 06/2019/TT-NHNN:

Mandatory Currency of Account: All residential lease contracts executed on Vietnamese territory must quote rental rates, security deposits, and payment obligations strictly in Vietnamese Dong (VND). Stating rental figures in foreign currencies (e.g. USD) renders the contract null and void (vô hiệu) under Article 22 of the Ordinance on Foreign Exchange, exposing both parties to administrative fines up to ₫100,000,000 under Decree 88/2019/ND-CP.
Foreign Landlord Remittance Rules: Foreign property owners receiving rental income in Vietnam must deposit funds into a licensed Vietnamese commercial bank account. To repatriate rental profits offshore, the foreign owner must present the bank with a certified copy of the lease contract, proof of ownership, and an official Tax Clearance Certificate (Giấy xác nhận hoàn thành nghĩa vụ thuế) issued by the tax department.

6. Pre-Lease Verification Checklist Under Decree 95/2024

Quick Answer: Prior to wiring booking deposits, foreign tenants must execute a 6-point statutory due diligence check: (1) Match Pink Book title deeds against landlord ID; (2) Verify mortgage encumbrance status on Page 4; (3) Confirm condominium building PCCC safety certification; (4) Formalize 12-hour electronic police tam tru duties; (5) Insert a 30-day diplomatic break clause; and (6) Designate tax remittance protocols in writing.

To safeguard your financial deposits and ensure uninterrupted legal residency, execute the following due diligence protocol before paying any booking funds:

┌────────────────────────────────────────────────────────────────────────────────────────┐
│                        EXPAT STATUTORY LEASE VERIFICATION GATE                         │
├────────────────────────────────────────────────────────────────────────────────────────┤
│ [ ] Check 1: Ownership Title Diligence (Verify Pink Book Page 1, 2, 3 and 4)           │
│ [ ] Check 2: Lessor Capacity (Verify landlord passport/CCCD matching title deed)       │
│ [ ] Check 3: Power of Attorney (Check consular legalization if signed by agent)        │
│ [ ] Check 4: Immigration Clause (Explicit contractual 12-hr online tam tru duty)       │
│ [ ] Check 5: Diplomatic Exit Clause (30 to 60-day notice with full deposit refund)     │
│ [ ] Check 6: Move-In Condition Inventory (Timestamped photo annex signed by both sides)│
└────────────────────────────────────────────────────────────────────────────────────────┘

Certificate of Ownership (Pink Book / Sổ Hồng): Request a colored physical inspection of the original or notarized copy of the Giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất. Confirm that the named owner matches the lessor’s identification card (CCCD) or passport. Inspect Page 4 (Endorsements / Nội dung thay đổi) to ensure the property is not encumbered by a commercial bank mortgage that restricts residential leasing.
Power of Attorney (Giấy Ủy Quyền): If dealing with an asset management agency or relative representing an overseas property owner, demand a valid notarized Power of Attorney. If executed abroad, the document must bear consular legalization (Hợp pháp hóa lãnh sự) and certified Vietnamese translation under the Law on Notarization 2014.
Move-In Condition Protocol (Biên Bản Bàn Giao): Execute a detailed photographic condition inventory on handover day, noting the serial numbers, working status, and maintenance history of all air conditioning systems, smart door locks, water heaters, and built-in appliances. Both parties must execute signed copies to avoid arbitrary move-out deposit withholdings.

Verified Rental Properties & Managed Residences

Foreign corporate directors, diplomatic personnel, and multinational assignees seeking fully compliant residential properties verified under Decree 95/2024 can explore our curated portfolio of managed residences across Ho Chi Minh City:

Serenity Sky Villas District 3 Luxury Residence 3BR: Ultra-exclusive low-density sky villa compound in the diplomatic consulate quarter, featuring private elevator foyers, private swimming pools, and verified corporate lease compliance.
Holm Residences Thao Dien Riverfront Compound Villa 5BR: Premier gated riverfront villa estate in Thao Dien with private marina berths, 24/7 armed perimeter security, and full PCCC municipal fire certifications.
The River Thu Thiem Waterfront Residence 3BR: Prime waterfront luxury on the Thu Thiem peninsula, offering panoramic views of the Saigon River, central chilled water HVAC, and seamless corporate billing.
City Garden Promenade Tower Luxury Condo 3BR: Iconic undulating architectural towers in Binh Thanh, located 5 minutes from District 1 with resort swimming pools and professional multilingual management.
D’Edge Thao Dien Luxury Wellness Condo 3BR: Landmark CapitaLand development featuring a cantilevered glass-bottom sky pool, private lift lobbies, and direct proximity to BIS HCMC.
Chateau Villa Phu My Hung Riverfront Compound 5BR: Elite neoclassical landed mansion community in District 7, situated in lush parklands with direct proximity to SSIS and FV Hospital.

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Frequently Asked Questions

Can an expatriate tenant register their own temporary residence (tạm trú) without the landlord?

Under Decree 95/2024 and immigration guidelines, the primary legal duty to report alien temporary residence rests with the accommodation provider (the property owner or authorized property manager). While a foreign tenant can physically present their passport, lease contract, and Pink Book copy to the Ward Police (Công an Phường) to request assistance, the municipal immigration online portal requires authentication using the landlord’s verified citizen electronic identity (VNeID) or registered host account. Landlords who refuse to cooperate commit an administrative violation under Decree 144/2021/ND-CP.

What should an expat do if the landlord has mortgaged the apartment to a commercial bank?

In Vietnam, property owners frequently mortgage residential units to banks for working capital. Under Article 146 of the Law on Housing 2023, a mortgaged house may still be leased out, provided the mortgagor (landlord) notifies the prospective tenant of the mortgage status prior to signing. To mitigate risk, tenants should include a contractual covenant stating: “Landlord represents and warrants that the property’s mortgage status does not restrict or prejudice Tenant’s right to quiet enjoyment, and Landlord shall indemnify Tenant for all damages and immediately refund 100% of the deposit if the bank initiates asset recovery actions.”

Does a residential lease agreement require notarization to be legally valid under Vietnamese law?

No. Under Article 163, Clause 2 of the Law on Housing 2023, residential lease agreements between individuals, or between an individual and a legal enterprise, do not require mandatory notarization (Công chứng) or certification (Chứng thực) to be legally binding and enforceable in court. The contract becomes valid upon mutual signature by authorized parties. However, corporate tenants executing high-value leases frequently choose voluntary notarization at a licensed Notary Public Office to ensure irrefutable evidentiary weight regarding identity and title.

Can a foreign citizen operating as a landlord repatriate rental income to an overseas bank account?

Yes. Under State Bank of Vietnam regulations (Circular 16/2014 and Circular 06/2019), foreign nationals earning legitimate rental revenue from properties owned in Vietnam can repatriate their net profits abroad through licensed commercial banks. The remitting bank will require: (1) Certified Pink Book proving legal ownership; (2) Executed lease agreement; (3) Bank statements proving receipt of rent in VND via banking channels; and (4) Official Tax Clearance Certificate from the local tax department confirming that all 5% VAT and 5% PIT liabilities have been fully discharged.

How does Decree 95 impact short-term Airbnb-style rentals in residential condominiums?

Decree 95/2024 strictly enforces the statutory prohibition against using condominium units located in residential buildings for commercial lodging purposes (such as daily or hourly Airbnb rentals) without official conversion and licensing. Building management boards (Ban Quản Lý) are legally empowered to deactivate electronic keycards, deny visitor access, and report unauthorized transient operators to the ward police. Foreigners seeking short-term accommodations should lease units situated in designated condotels, officetels, or commercially licensed serviced apartment developments.