For this case, you are a foreigners own houses in Vietnam. If you want to rent the apartment and the tenant is also a foreigner, the Housing Law 2014 provides the following:
“Article 10. Rights of house owners and users
- For house owners who are foreign organizations and individuals, they have the rights prescribed in Article 161 of this Law.
Article 161. House owners’ rights are foreign organizations and individuals
- Foreign organizations and individuals defined at Point a, Clause 1, Article 159 of this Law may exercise the rights of house owners according to the provisions of Article 10 of this Law; In case of construction of dwelling houses on the leased land, they may only lease houses.
- Foreign organizations and individuals defined at Points b and c, Clause 1, Article 159 of this Law have the rights of house owners like Vietnamese citizens “
Article 31, Circular 19/2016 / TT guiding the implementation of housing law and Decree 99/2015 / decree-government guiding housing law promulgated by the Minister of Construction:
“Article 31. Management of foreign individuals leasing houses
- Before signing a house lease contract, the foreign individual must send a written notice of the house lease to the district-level housing management function where the house is leased. . The contents of the notice include: the owner name, the address of the leased house, the lease period, the copy of the certificate of the leased house, the purpose of using the leased house. “
Article 10, Law on real estate business 2014.
“Article 10. Conditions of organizations and individuals conducting real estate business
- Real estate business organizations and individuals must establish enterprises or cooperatives (hereinafter collectively referred to as enterprises) and have legal capital of not less than VND 20 billion, except for the case specified in Clause 2 This.
- Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate on a small scale or infrequently do not have to set up businesses but must declare and pay taxes in accordance with law. the law.”
“Article 5. Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate specified in Clause 2, Article 10 of the Law on Real Estate Business
Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate specified in Clause 2, Article 10 of the Law on Real Estate Business without having to set up real estate business enterprises include:
- Organizations, households and individuals sell, transfer, lease, lease-purchase real estate without having to invest in real estate projects for business and in cases where households or individuals sell, transfer, lease, lease-purchase real estate invested in real estate projects to operate projects with total investment of less than VND 20 billion (excluding land use fees). “
From the aforementioned legal basis, it shows that a foreigner who owns an apartment in Vietnam has the right to rent it. Leasing to foreigners in your case is not prohibited by law. So you can rent it to foreigners. Before signing a lease contract, you must send a written notice of the housing lease to a district-level housing management office where the rental unit is located. The contents of the notice include: the owner name, the address of the leased house, the lease period, a copy of the certificate of the leased house, the purpose of using the leased house.
And for the case of business registration and tax payment, here you have an apartment for rent, that is, you belong to the case in Clause 2, Article 10 of the Law on Real Estate Business 2014 stipulating households and individuals Sale, transfer, lease, lease-purchase of small-scale or irregular real estate are not required to register for business but must declare and pay tax in accordance with law.
Article 2, Article 10, Amending Law on Tax Law 2014 provides:
- Income from business, including:
a) Income from activities of production and trading of goods and services;
b) Incomes from independent professional activities of individuals who have licenses or practice certificates as prescribed by law.
Business incomes specified in this Clause do not include incomes of business individuals with turnover of 100 million dong / year or less. “
- Tax rates for incomes from business are specified for each production and business sector as follows:
b) 5% for service business activities;
Article 10. Taxes on business individuals
- Business individuals pay personal income tax at the rate on turnover for each production or business line.
- Turnover means all proceeds from goods sale, processing, commissions and service provision arising in the tax period from goods and service production and trading activities.
Where business individuals cannot determine turnover, the competent tax agencies shall fix turnover according to the provisions of law on tax administration. “