Lodging services (hotels, guesthouses, homestays, etc.) are a business sector subject to security and order conditions — an establishment must hold the Certificate of eligibility for security and order (the “security and order license”) BEFORE commencing operations. This article summarizes the dossier, processing timeline, and authority levels under Decree No. 96/2016/ND-CP (as amended by Decree No. 56/2023/ND-CP and Decree No. 58/2026/ND-CP), in force as of 14 October 2026.
Lodging covered by the certificate requirement — and the exception
Under Clause 22 of Article 3 of Decree No. 96/2016/ND-CP, lodging establishments covered include: lodging under the Law on Tourism and other forms of rental lodging (by the hour, overnight) on land or on tourist lodging vessels.
Exception: renting out a house under a contract for residence, study or work is not covered by the certificate requirement. Distinguish clearly: long-term house rental (not covered) versus homestay/lodging business (covered).
Authority levels for issuance
Under Article 24 of Decree No. 96/2016/ND-CP (as amended by Clause 14 of Article 1 of Decree No. 58/2026/ND-CP, effective 15 March 2026):
- Lodging rated 5 stars and above → Department of Administrative Management of Social Order (Ministry of Public Security), except 5-star tourist villas/apartments and 5-star tourist lodging vessels;
- Lodging with 29 rooms or fewer → commune-level police;
- All other cases (e.g., 1–4 star hotels with more than 29 rooms) → Provincial Police Department of Administrative Management of Social Order.
Old rules such as “10–20 rooms: file with district police; under 10 rooms: commune police” are outdated — district police were dissolved effective 1 July 2025. The current threshold for filing with commune-level police is ≤29 rooms (under Decree No. 58/2026/ND-CP).
Dossier for new issuance
Under Article 19 of Decree No. 96/2016/ND-CP (as amended by Decrees No. 56/2023/ND-CP and No. 58/2026/ND-CP), the new-issuance dossier comprises:
- Written request for the certificate (Form No. 03 issued with Decree No. 56/2023/ND-CP);
- Copy of the enterprise registration certificate / household business registration — the police authority retrieves this itself from the National Business Registration Portal where systems are connected;
- Documents proving fire prevention and fighting eligibility;
- Personal background declaration (Form No. 02) with the criminal record certificate of the person in charge of security and order (except state employees and armed forces personnel), or the personnel declaration (Form 02b) with passport/residence card for overseas Vietnamese holding foreign passports and foreigners.
Processing timeline and filing methods
Processing: no more than 5 working days (new issuance); no more than 4 working days (re-issuance, replacement, and written refusals stating reasons). File in person, by post, or online via the National Public Service Portal / VNeID app.
Security and order assurance plan
Under Article 8 of Decree No. 96/2016/ND-CP, a security and order assurance plan is mandatory for lodging establishments that are enterprises; small household-run guesthouses are not required to have one.
Does the certificate expire? What if details change?
Under Article 15, the certificate has no fixed term. When the business address or the person in charge of security and order changes, the establishment must complete adjustment/re-issuance procedures.
Note on fire prevention and fighting
Fire prevention and fighting is a mandatory dossier condition. Hotels and guesthouses subject to fire safety design appraisal (Appendix III of Decree No. 105/2025/ND-CP: buildings of 7 floors or more, or floor area of 3,000 m² or more) must complete fire safety acceptance before opening.
Disclaimer: This article is for general reference only and does not constitute legal advice. Laws may change; please consult a lawyer for your specific case.
Transparency label: This article was drafted and quality-reviewed by FLAT’s AI Legal Council (an internal AI review panel) under the “no sloppy legal content” standard; it has not been approved by a human lawyer.
Need help with the security and order certificate for your hotel or guesthouse? Contact FLAT Law Firm for advice.
