The 2023 Housing Law is the current framework
Short answer: Law No. 27/2023/QH15 is Vietnam's current housing law, issued by the National Assembly on November 27, 2023. It regulates housing ownership, development, management, operation, use, housing transactions and state administration of housing. The reviewed material does not record the law's own effective date, but the implementing Decree 95/2024/ND-CP took effect August 1, 2024. For most residential renters, the law's direct effect is limited, because commercial leases by real-estate businesses sit under separate legislation and a residential lease usually needs no notarization. For a fuller picture of how the Housing Law interacts with the Civil Code and fire-safety rules, see Vietnam Residential Rental Law.
Commercial leases sit under real-estate business law
Short answer: if you rent from a real-estate business, the lease is governed by real-estate business legislation, not solely by the Housing Law. Commercial housing sales, lease-purchases and leases conducted by real-estate businesses, and transfers of housing sale contracts, are governed by real-estate business legislation rather than solely by the Housing Law. This matters for tenants who sign through property companies, developers or professional landlords operating as businesses. The Housing Law still applies to other aspects of housing, but the transaction rules for those commercial arrangements come from the real-estate business law. The reviewed material does not record the specific name or number of that real-estate business legislation.
Decree 95/2024/ND-CP details the law from August 1, 2024
Short answer: Decree 95/2024/ND-CP, effective August 1, 2024, details selected provisions of the Housing Law. The decree includes documentation for housing ownership eligibility and rules concerning foreign organizations and individuals. The official Government Gazette records the decree's effective date as August 1, 2024. You can read the decree at Decree 95/2024/ND-CP. For foreign renters, the decree's rules on foreign individuals may matter when checking eligibility to own or rent housing, but the reviewed material does not record the full text of those rules. Tenants should verify current requirements with the decree itself or a licensed legal adviser before signing.
A residential lease usually needs no notarization
Short answer: a residential lease generally does not require notarization or certification under the 2023 Housing Law, unless the parties request it. This means a signed written lease between a tenant and a landlord is normally valid without a notary or commune certification. The parties can still choose to notarize the lease for extra formality, clearer evidence or to satisfy a landlord's preference. The reviewed material does not record any exception for leases involving foreign tenants, so the same default rule appears to apply. If a landlord insists on notarization, that is a contractual choice, not a legal requirement under the Housing Law.
Foreign renters face ownership eligibility, not residence registration
Short answer: a foreign individual renting housing must qualify as a person permitted to own housing in Vietnam, and is not required to have residence registration at the location of the rented property. The reviewed material indicates this as the position under the 2023 Housing Law. In practice, this means a foreign renter should check the ownership-eligibility rules before signing, but does not need to register residence at the rented address. Nothing in the reviewed material records an exception for short-term stays or a separate residence-registration requirement for foreign renters.
Diplomatic privilege holders are excluded from ownership eligibility
Short answer: under the 2023 Housing Law, foreign individuals entitled to diplomatic or consular privileges and immunities are excluded from eligibility to own housing. The reviewed material records this exclusion. Because foreign renters must qualify as persons permitted to own housing, this exclusion would also affect a diplomatic privilege holder's ability to meet the renting test, although the reviewed material does not separately state how the exclusion is applied to rental agreements. Nothing in the reviewed material records an exception for diplomatic staff renting a private residence.
Practical checklist for tenants under the 2023 Housing Law
Short answer: before signing, confirm whether the lease is residential or commercial, because the rules differ. Commercial housing sales, lease-purchases and leases conducted by real-estate businesses, and transfers of housing sale contracts, are governed by real-estate business legislation rather than solely by the Housing Law. A residential lease generally does not require notarization or certification unless the parties request it. If you are a foreigner, check that you qualify as a person permitted to own housing in Vietnam; no residence registration at the rented property is required. Diplomatic or consular privilege holders are excluded from ownership eligibility. The reviewed material does not record a single official checklist; this is a practical summary of the verified points. For the practical side of renting, see Can Foreigners Rent an Apartment in Vietnam? and Vietnam Residential Rental Law.
Frequently asked questions
- Does Law No. 27/2023/QH15 require me to notarize my apartment lease in Vietnam?
- No. Under the 2023 Housing Law, a residential lease generally does not require notarization or certification unless the parties request it. The reviewed material records this as the default position, so a standard apartment lease can be signed without a notary. If you or the landlord want extra formality, you can still choose to notarize it.
- Can a foreigner rent an apartment in Vietnam under the 2023 Housing Law?
- Yes, if the foreign individual qualifies as a person permitted to own housing in Vietnam. The reviewed material states that a foreign individual renting housing must meet that ownership-eligibility condition. It also records that the foreign tenant is not required to have residence registration at the location of the rented property.
- Do I need to register my residence at the rented apartment as a foreign tenant?
- No. Under the 2023 Housing Law, a foreign individual renting housing is not required to have residence registration at the location of the rented property. The reviewed material records this as a specific point, so the absence of local residence registration does not by itself block a foreign tenant from renting.
- What is Decree 95/2024/ND-CP and when did it take effect?
- Government Decree No. 95/2024/ND-CP details selected provisions of the Housing Law, including documentation for housing ownership eligibility and rules concerning foreign organizations and individuals. The official Government Gazette records its effective date as August 1, 2024.
- Does the 2023 Housing Law cover leases by real-estate companies?
- Not solely. Commercial housing sales, lease-purchases, and leases conducted by real-estate businesses, and transfers of housing sale contracts, are governed by real-estate business legislation rather than solely by the Housing Law. So a lease from a real-estate company sits under that separate legal framework, not only under Law No. 27/2023/QH15.
- Are diplomats allowed to own housing in Vietnam under the 2023 Housing Law?
- No. For foreign individuals, eligibility to own housing under the 2023 Housing Law excludes persons entitled to diplomatic or consular privileges and immunities. The reviewed material records this exclusion, so a person with diplomatic or consular privileges is not treated as eligible to own housing under that law.
Updated: 2026-09-06
