The quick answer: a landlord renting to foreigners counts as an accommodation establishment, with a duty to declare the tenant’s temporary residence. This is not a formality: failure to declare can draw fines of up to VND 20 million, and housing an illegally residing foreigner up to VND 25 million under Article 21 of Decree 282/2025/ND-CP.
A renting landlord = an accommodation establishment
Article 32 of Consolidated Document 62/VBHN-VPQH covers “private houses or other accommodation establishments” within the concept of accommodation establishments. The consequence: whether renting long-term under a contract or short-term, the landlord bears the duties of an accommodation establishment toward foreigners staying at the property.
A 3-step process for landlords
Step 1 — Check documents before letting them stay. Under Article 33 of Consolidated Document 62, the establishment must require the foreigner to present their passport or international travel document plus residence-related documents before agreeing to the stay. Only allow temporary residence when the foreigner is legally residing (Article 45a — new from Law 118/2025). If signs of legal violations are detected, the landlord must notify the nearest Police immediately.
Step 2 — Declare as soon as the guest arrives. Form and deadline (Article 33, clause 2 of Consolidated Document 62 + Circular 87/2026/TT-BCA):
- Electronic declaration: via the Ministry of Public Security’s electronic temporary residence declaration system — https://tbltkbtt.bocongan.gov.vn (published on official provincial police websites; re-check at the time of use) — as soon as the foreigner arrives;
- Paper form (form NA17): delivered to the commune/ward/special-zone Police within 12 hours of the foreigner’s arrival (remote areas: 24 hours). Note: the 12 hours run from the moment of arrival — not “12 working hours”.
Step 3 — Re-declare on changes. If the foreigner changes their place of temporary residence or their passport information changes, a new declaration is required (Article 33, clause 3). Long-term landlords note: the declaration duty applies each time the foreigner arrives to stay, not once per lease contract.
What’s new from 24 July 2026 (Circular 87/2026/TT-BCA)
Circular 87/2026/TT-BCA (issued 9 June 2026, effective 24 July 2026, replacing Circular 53/2016/TT-BCA) brings:
- Declarations filed with the commune/ward/special-zone Police under the two-tier government model — no more district-level police;
- Commune-level police receiving declarations 24/7 via the electronic system;
- Declaration content now includes the validity of temporary residence certifications/extensions and residence cards;
- Rentals via digital platforms (Airbnb and similar): the owner, legal representative or authorised person remains responsible for the declaration — the platform cannot be blamed.
Fine schedule — Article 21 of Decree 282/2025/ND-CP
Decree 282/2025/ND-CP (issued 30 October 2025, effective 15 December 2025, replacing Decree 144/2021/ND-CP) provides:
| Violation | Fine (individual) | Basis |
|---|---|---|
| Establishment failing to declare temporary residence (1–3 persons) | VND 3–5 million | Clause 3, point e |
| Failure to declare (4–8 persons) | VND 10–15 million | Clause 5, point c |
| Failure to declare (9+ persons) | VND 15–20 million | Clause 6, point dd |
| Housing an illegally residing foreigner, or detecting violation signs without notifying | VND 20–25 million | Clause 7, point dd |
| Foreigner failing to present passport/residence documents to the establishment for declaration | VND 3–5 million | Clause 3, point e |
A special note: the VND 300,000–500,000 fine (Article 21, clause 1) applies to foreigners travelling without carrying their documents — not to landlords failing to declare. Misciting this point is a common error to avoid. Also, fines for organisations are twice those for individuals (Article 5, clause 2 of Decree 282/2025).
A cautious warning: harbouring illegally residing foreigners may, beyond the VND 20–25 million administrative fine, attract criminal liability depending on the circumstances — landlords must never house persons without valid documents.
The information in this article is for reference only and does not constitute legal advice. It cites Consolidated Document 62/VBHN-VPQH, Decree 282/2025/ND-CP and Circular 87/2026/TT-BCA as in force at the time of writing (14 October 2026). The boundary between residential leasing and accommodation business (whether business registration is required) falls outside immigration law and this article’s scope.
Contact FLAT Law Firm for advice on temporary residence declaration duties and legal matters concerning foreigners in Vietnam.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.