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MINISTRY OF
CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 02/2016/TT-BXD
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Hanoi,
February 15, 2016
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CIRCULAR
REGULATION
ON MANAGEMENT AND USE OF APARTMENT BUILDINGS
Pursuant to the Law on Housing No. 65/2014/QH13;
Pursuant to the Government’s Decree No.
62/2013/ND-CP dated June 25, 2013 regulating functions, tasks, powers and
organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No.
99/2015/ND-CP dated October 20, 2015 providing instructions on the
implementation of a number of articles of the Law on Housing;
At the request of general director of Management
Agency for Housing and Real-Estate Market
The Minister of Construction promulgates the
Circular on the Regulation on management and use of apartment buildings.
Article 1. Enclosed herewith is the Regulation on management and use of
apartment buildings.
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a) The Minister of Construction’s Decision No.
08/2008/QD-BXD dated May 28, 2008 promulgating the Regulation on management and
use of apartment buildings;
b) The Minister of Construction’s Circular No.
05/2014/TT-BXD dated May 09, 2014 on amendments and supplements to Point a,
Clause 2, Article 17 of the Regulation on management and use of apartment
buildings enclosed with the Minister of Construction’s Decision No.
08/2008/QD-BXD dated May 28, 2008.
If regulations on management and use of apartment
buildings promulgated by the Ministry of Construction, ministries, departments
and People’s Committees of central-affiliated cities and provinces before the
effective date of this Circular and the Regulation on management and use of
apartment buildings enclosed with this Circular are different, the latter shall
prevail.
Article 3. Ministers, heads of ministerial-level agencies, Governmental
agencies, presidents of People’s committees of central-affiliated cities,
provinces and relevant organizations, individuals shall be responsible for
executing this Circular./.
PP THE MINISTER
DEPUTY MINISTER
Pham Hong Ha
THE REGULATION
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Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
1. This Regulation applies to residential apartment
buildings and mixed-use apartment buildings used according to the Law on
Housing No. 65/2014/QH13 (hereinafter referred to as the Law on Housing),
including:
a) Commercial apartment buildings;
b) Social apartment buildings except for apartment
buildings as prescribed in Clause 2, this Article;
c) Apartment buildings for relocation;
d) State-owned apartment buildings being renovated,
re-constructed;
2. Encourage application of this Regulation to
state-owned apartment buildings that have not yet been renovated or
re-constructed; Social apartment buildings as collective residence (a
collective of students or workers residing in a single apartment) for students
and employees shall not be subject to this Regulation.
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1. Investors of apartment building construction
projects (herein ‘the investor’); apartment building owners, occupants;
apartment building management board (hereinafter ‘management board’); units in
charge of mangement and operation of apartment buildings (hereinafter ‘managing
unit’);
2. State administration agencies in relation to
management and use of apartments;
3. Other organizations, individuals in relation to
management and use of apartments;
Article 3. Interpretation of
terms
In this Regulation, some terms are construed as
follows:
1. Apartment building refers to housing
units as prescribed in Clause 3, Article 3 of the Law on Housing.
2. Apartment block refers to a block
of apartment buildings (one or several blocks) which are constructed according
to the planning and project documentation approved by competent agencies.
3. Apartment complex includes at least two
apartment buildings constructed on a parcel of land according to the master
plan and project documentation approved by competent agencies with the same
manner of ownership (single owner or multi-owners) .
4. Residential apartment building refers to
an apartment building designed and constructed for residential purpose only.
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6. Apartment building investor refers to a
capital owner or organization, individual tasked with managing and using
capital for the implementation of housing projects including apartment building
projects according to the Law on Housing and relevant law provisions
(hereinafter referred to as 'the investor').
7. Apartment building owner refers to owners
of apartments and owners of space other than apartments within an apartment
building.
8. Apartment building occupants refer to
owners who are using an apartment building themselves or organizations,
households and individuals that are legally using apartments and other space
within the apartment building through renting, borrowing, temporary occupations
with friends or relatives, or being authorized by competent agencies.
9. Representatives of owner of apartments, other
space within an apartment building refers to representatives of owner of
each apartment, other space within an apartment building or legal occupants if
the owner does not use the apartment (hereinafter referred to as ‘owner
representatives').
10. Single-owner apartment building refers
to an apartment building completely owned by one single owner regardless of
shared or privately-owned portions.
11. Multi-owner apartment building refers to
an apartment building owned by at least two owners.
12. Shared portion of an apartment block refers
to the area, equipment system, technical infrastructure as prescribed in Clause
2, Article 100 of the Law on Housing that is shared by owners of such apartment
block.
13. Shared portion of an apartment area refers
to the area, equipment system as prescribed in Point b, Clause 2, Article 100
of the Law on Housing that is owned and used in common by owners of that
apartment area.
14. Shared portion of an office, service and
commercial area refers to the area, equipment system as prescribed in Point
b, Clause 2, Article 100 of the Law on Housing that is owned and used in common
by owners of such functional area.
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Article 4. Principles for
managing and using apartment buildings
1. An apartment building should be used according
to its uses, designs and contents of approved project.
2. Management and use of apartment buildings should
be in compliance with regulations of individual apartment buildings, the Law on
Housing, this Regulation and relevant law provisions.
3. Payment of fees for administration and operation
of apartment buildings shall be carried out according to negotiations between
apartment owners, occupants and managing units on the basis of the Law on
Housing. Use of budget for operation and maintenance of shared portion of the
apartment building should serve primary purpose, be transparent and in
accordance with the Law on housing and this Regulation; contribution of fees
and charges during the use of apartment building should be in compliance with
law provisions.
4. Apartment owners, occupants should pay fees for
maintenance and operation of the apartment building, fees for activities
performed by the Management Board and other fees during the use of apartment
buildings according to this Regulation and relevant law provisions; comply with
regulations on management and use of apartment buildings, regulations of the
Law on Housing, this Regulation and relevant law provisions during the
management and use of apartment buildings.
5. Management Board shall exercise rights and
responsibilities in relation to management and use of apartment buildings
according to the Law on Housing and this Regulation on behalf of apartment
owners, occupants; In case an apartment building does not require the establishment
of the Management Board under the Law on Housing, the apartment owners,
occupants themselves shall negotiate plans for management of the apartment
building.
6. Disputes, complaints in relation to management
and use of apartments shall be handled according to the Law on Housing, this
Regulation and relevant law provisions.
7. Any act of violating regulations on management
and use of apartments shall be handled in a timely and strict way under laws.
Chapter II
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Article 5. Establishment,
handover and storage of apartment building documentation
1. Apartment owners shall establish and store
apartment documents according to Article 76 and Article 77 of the Law on
Housing.
2. The investor shall be responsible for establishing
documents of apartment buildings; the documents include:
a) Investment and construction project documents
approved by competent agencies including the project’s legal documents and
as-build documents according to the Law on Construction;
b) Procedures on maintenance of apartment buildings
shall be established and submitted for approval by the investor according to
the Law on Construction;
c) Procedures on maintenance of equipment that
belong to commonly owned portion of apartment building shall be established by
equipment supplier;
d) Drawing of motorbike parking lot shall be
established by the investor on the basis of approved project documents and
designs with owner and occupant parking areas (including motorbike parking area
owned in common, auto parking lot) and public parking lot.
3. Storage of apartment building documentation as
prescribed in Clause 2, this Article is prescribed as follows:
a) The investor shall be responsible for storing
the documentation as prescribed in Clause 2, this Article; within 20 working
days since the Management Board or representatives of apartment building
management (in case establishment of the Management Board is not required)
issues a written request for handing over apartment building documentation, the
investor shall be responsible for providing two sets of documentation as
prescribed in Clause 2, this Article.
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c) If the investor fails to hand over the
documentation after the time limit as prescribed in Point a, this Clause, the
Management Board shall issue a written request to People’s Committees of
districts, rural districts, district-level towns, provincial cities where the
apartment building is situated (hereinafter referred to as ‘People’s Committees
of districts').
The investor shall be penalized for administrative
violations in the areas of management and use of apartment buildings if failing
to hand over the documentation within ten working days since receipt of request
from People’s Committees of districts.
4. Before the documentation is handed over, the
investor and the Management Board or apartment building management
representatives should carry out the counting of equipment, definition of
commonly owned portion of the apartment building according to the Law on
Housing; handing over the apartment building site and the documentation should
be made in a written record with confirmations by the concerned parties.
Article 6. Management of
privately owned portion of multi-owner apartment
1. Privately owned area or equipment as prescribed
in Clause 1, Article 100 of the Law on Housing should be specified in apartment
purchase and sale contract, apartment lease purchase contract or area other
than the apartment (hereinafter referred to as ‘the purchase and lease purchase
contract').
Apart from the purchase and lease purchase
contract, the investor should provide the drawings as prescribed in Point d,
Clause 2, Article 5, this Regulation to buyers, tenants.
2. If the purchase and lease purchase contract is
signed before the effective date of this Regulation, definition of privately
owned area and equipment as well as provision of the drawings shall be
instructed in the Law on Housing at the time of signing or based on the
purchase and lease purchase contract if not prescribed by laws.
3. Apartment owners may directly use or authorize
others to manage their privately owned portion but should ensure that the use
and management of such portion accord with approved designs and do not affect
other privately-owned area of other owners or shared area of the apartment.
Article 7. Management of shared
portion of multi-owner apartment buildings
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2. The investor shall be responsible for managing
the works designed for leisure activities of apartment owners, occupants and
subject to be handed over to the State for management under the approved
project.
3. If these works are constructed for business by
the investor itself according to contents of the approved project, the investor
shall have the ownership thereto and be responsible for managing and
maintaining these works.
4. For shared portion of the residential apartment
block, the owners thereto shall be responsible for managing such portion
together; if an apartment requires the managing unit, such portion shall be
transferred to the managing unit for management; if an apartment does not
require the managing unit, the Management Board or other managing units shall
be chosen for management.
5. For shared portion of mixed-use apartment block,
management shall be instructed as follows:
a) If shared portions of the office, service and
commercial areas (hereinafter referred to as ‘the functional area’) and
residential apartment buildings is undefinable, the owners thereto shall be
responsible for managing such portions together.
b) If such portion is separately definable, the
shared portion of the residential apartment shall be managed by owners of
residential apartment buildings and the shared portion of the functional area
shall be managed by the managing unit or by owners of this functional area if
the managing unit is not required by the apartment building. The management of
this shared portion is instructed in Clause 4, this Article.
For commonly owned portions of an entire apartment
building, all the apartment building owners shall be responsible for managing
such portions together; the management of such portions is instructed in Clause
4, this Article.
6. For community activity houses of the apartment
block, owners or the Management Board (if any) or the managing unit shall be
responsible for managing such houses according to decision given in the apartment
building meeting.
7. For commonly owned portions of an apartment
complex, the Management Board shall be responsible for managing such portions
on behalf of owners.
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Article 8. Ownership and
management of parking lot of apartment buildings
1. Parking lot of an apartment building is
constructed on the basis of construction standards, norms and approved designs.
Parking lot may be located at basement floor or ground floor or in other areas
inside or outside an apartment building and should be specified in the purchase
and lease purchase contract; Parking lot should be used purposefully according
to contents of the approved project and provisions prescribed in Article 101 of
the Law on Housing.
2. For single-owner apartment building, the parking
lot shall belong to the ownership and management of the apartment building
owner but be used in accordance with contents of the approved project, the Law
on Housing and this Regulation. For an apartment building that requires the
managing unit, the managing unit shall manage this parking lot; For an
apartment building without a managing unit, owners themselves or other units
shall manage this parking lot.
3. Shared parking lot as prescribed in Point a,
Clause 1, Article 101 of the Law on Housing shall be managed by the managing
unit or by the Management Board or other units on behalf of owners (in case the
managing unit is not required by such apartment building), or by owners
themselves or other units to be hired (in case neither the managing unit nor
the management board is not available).
4. For auto parking lot intended for apartment
building owners as prescribed in Point b, Clause 1, Article 101 of the Law on
Housing, execute following provisions:
a) Persons who purchase or lease purchase an
apartment or other space within the apartment building (hereinafter referred to
as 'the buyers') decide to purchase or lease auto parking spaces intended for
apartment building owner according to the Law on Housing.
If an apartment building has sufficient auto
parking spaces for all the apartments and the buyer needs to purchase or lease
auto parking spaces in this parking lot, the investor shall make arrangements
but ensure that the number of parking spaces purchased or leased by each
apartment owner or space owner (owner of other space within the apartment
building) should not exceed the number of parking spaces designed for each
apartment or a privately-owned portion of an apartment building under the
approved project.
b) If an apartment building has insufficient auto
parking spaces for each apartment, the investor shall make arrangements on the
basis of negotiations among buyers;
c) Purchase or lease of auto parking spaces as
prescribed in Points a and b, this Clause may be specified in the apartment
purchase and lease purchase contract or in a separate contract; parking rent
shall be paid in a monthly or periodical basis; the sum of money for purchase
of parking space shall be paid once at a time or by installments as agreed by
the parties. In case parking spaces are rented, obligations for paying fees for
management and car keeping services shall be negotiated and agreed by the
parties in the contract for parking rent; in case parking spaces are purchased,
parking space buyers shall pay fees for management and car keeping services
according to laws and the agreement with service providers;
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dd) If the buyers do not purchase auto parking
spaces as prescribed in this Clause, the parties should specify in the
apartment purchase and lease purchase contract that this space belongs to the
ownership and management of the investor and the investor shall not include
expenses for investment and construction of this space in sale price, rents of
the apartment; if the buyers need to purchase or lease auto parking spaces, the
investor shall calculate sale price and rents of parking spaces independent of
sale price, rents of the apartment.
e) The parking lot prescribed in this Clause shall
be managed by the managing unit or by owners themselves or other units (in case
the managing unit is not required by such apartment building).
5. Management of public parking lot (parking lot
designed for people other than apartment building owners or occupants) is
prescribed as follows:
a) If owner of the functional area purchases the
public parking lot from the investor, this owner shall take the responsibility;
b) If the public parking lot belongs to ownership
of the investor, the investor shall take the responsibility; if owner of the
functional area leases the public parking lot from the investor, the management
of this parking lot shall be negotiated in the contract for parking rent;
c) If the public parking lot is managed by the
State according to the approved project, the unit tasked by the State with
managing this parking lot shall take the responsibility.
6. Organizations, individuals as owners of parking
spaces as prescribed in Clauses 4 and 5, this Article shall be responsible for
paying fees for management and maintenance of these parking spaces; in case
parking spaces are rent, obligations for maintenance of parking spaces shall be
agreed in the contract for parking rent.
Article 9. Rules and
regulations on management and use of apartment buildings
1. Apartment buildings within the governing scope
of this Regulation should have rules and regulations on management and use of
apartment buildings with contents as prescribed in Clause.
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a) Regulations applicable to owners, occupants,
temporary residents, guests;
b) Prohibited acts in the use of apartment
buildings and handling of violations;
c) Regulations on use of shared portion of
apartment building;
d) Regulations on repair work for damage, changes
of equipment in privately-owned portions and emergency responses;
dd) Regulations on fire and explosion prevention
and combat;
e) Regulations on public disclosure of information
in relation to the use of apartment building;
g) Regulations on obligations of owners, occupants;
h) Other regulations depending on characteristics
of each apartment building;
3. If the first apartment building meeting has not
been held, the investor shall be responsible for constructing rules and
regulations on management and use of apartment buildings on the basis of
Clauses 1, 2, this Article, attaching the apartment purchase and lease purchase
contract and making public disclosure of these rules and regulations in
community activity house, stair halls and reception area of the apartment
block.
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Article 10. Administration and
operation of apartment buildings
1. Activities of administration and operation of
apartment buildings are as follows:
a) Control and maintain operation, carry out
regular maintenance of lifts, water pumps, power generators, automatic fire
alarm system, fire extinguishing system, firefighting instruments, back-up
equipment and other equipment that belong to shared portions of apartment
blocks, apartment complexes.
b) Provide services of security, environmental
hygiene, waste collection, care for flower garden and ornamental plants,
destruction of insecticides and other services to ensure normal operation of
the apartment building;
c) Other relevant works;
2. In case an apartment building requires the
managing unit as prescribed in Point a, Clause 1, Article 105 of the Law on
Housing, all the tasks as prescribed in Clause 1, this Article shall be
performed by the managing unit; owners, occupants are not permitted to hire
outside service providers. The managing unit may enter a contract with service
providers for the performance of administration and operation of apartment
buildings yet shall take the responsibility as agreed in the contract signed
with the Management Board.
Article 11. Maintenance of
apartment buildings
1. Maintenance activities include quality
inspection, monitoring and assessment, minor repairs, regular repairs and major
repairs to construction work of apartment building; inspection and maintenance
of fire and explosion prevention and combat system; replacement of spare parts
or equipment commonly used in apartment buildings and complexes.
2. Apartment building owners shall be responsible
for carrying out maintenance of privately-owned portions and make financial
contributions to the maintenance of shared area of apartment building according
to the Law on Housing and this Regulation.
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3. Maintenance of apartment building’s construction
work shall be carried out by qualified units as prescribed in the Law on
Construction; Maintenance of apartment building’s equipment system shall be
performed by qualified units in proportion to maintenance work. The managing
unit may be hired to carry out the maintenance work if qualified.
4. If the first apartment building meeting has not
yet been organized, the maintenance of shared area of apartment building shall
be carried out according to the maintenance procedures as prescribed in Points
b and c, Clause 2, Article 5 and this Regulation.
5. If the first apartment building meeting has been
organized, the maintenance of shared area of multi-owner apartment building
shall be carried out according to the maintenance procedures as prescribed in
Points b and c, Clause 2, Article 5 and this Regulation and annual maintenance
plan passed by the apartment building meeting as prescribed in this Regulation;
in case of irregular damage or damage caused by natural disasters,
conflagration, the Management Board shall make decisions on maintenance according
to this Regulation and relevant law provisions but a report should be given in
forthcoming meetings.
6. Maintenance of shared area of apartment building
shall be carried out according to provisions set out in Section 4, Chapter III
hereof.
Chapter III
ORGANIZING MANAGEMENT AND USE OF APARTMENT BUILDINGS
Section 1. APARTMENT BUILDING
MEETING
Article 12. Apartment building
meeting
1. For single-owner apartment buildings, the
apartment building meeting is the meeting attended by the owner’s
representatives.
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3. The apartment building meeting may issue
decisions on management and use of apartment buildings according to Article 102
of the Law on Housing and this Regulation.
Article 13. First apartment
building meeting
1. Requirements for organization of the first
apartment building meeting are as follows:
a) The first apartment block meeting shall be
organized within 12 months since the apartment building is put into operation
and attended by at least 50% of the number of delivered apartments (including
the number of apartments retained not for sale by the investor); if the
percentage of delivered apartments remains below 50% after this specified
period, the first apartment block meeting shall not be organized until at least
50% of the delivered apartments is reached.
b) The first apartment complex meeting (the first
meeting of apartment complexes) shall be organized if attended by at least 50%
of the number of delivered apartments in each apartment building (including the
number of apartments retained not for sale by the investor) and at least 75% of
representatives of owners of delivered apartment buildings in each apartment
building who agree to incorporate the apartment buildings into the apartment
complex.
2. Requirements for number of people attending the
first apartment building meeting are as follows:
a) For the apartment block meeting, attendance
should ensure at least 75% of representatives of owners of delivered
apartments; otherwise, the meeting shall be organized for the second time with
the attendance of at least 50% of representatives of owners of delivered apartments.
If the attendance remains below 50% as prescribed in this Point, the investor
may make requests to People’s Committees of communes, wards, commune-level
towns where the apartment building is located (hereinafter referred to as
People’s Committee of wards) for organization of the meeting according to
Clause 5, this Article;
b) For the first apartment complex meeting, the
attendance should ensure adequate proportion of the owners who agree to
incorporate apartment buildings into the apartment complex as prescribed in
Point b, Clause 1, this Article; if the attendance remains below the proportion
as prescribed, the meeting shall not be organized until the attendance reaches
50% of owners who agreed to incorporate apartment buildings into the apartment
complex; if the attendance remains below 50%, a written request should be made
to People’s Committee of wards for organization of the meeting as prescribed in
Clause 5, this Article.
c) If the attendance for the apartment complex
meeting remains insufficient after the second summoning as prescribed in Point
b, this Clause, owners of these apartment blocks may organize the apartment
building meeting on the establishment of their own Management Board as
prescribed in Point a, this Clause.
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a) Inspect and determine status of owner
representatives for attendance; in case of authorization, a letter of
authorization should be enclosed;
b) Draft regulations on apartment building meeting;
c) Anticipate amendments, supplements to contents
of management and use of apartment building (if any);
d) Draft regulations on election of the Management
Board, propose a name for the management board as prescribed in Point a, Clause
1, Article 23, this Regulation; propose number of members of the board, heads,
deputy heads (if required by the apartment building);
dd) For multi-owner apartment buildings, prepare proposals
for apartment building administration and operation service price (hereinafter
referred to as ‘service price’), draft plan for maintenance of shared area,
proposals for the establishment of a managing unit if required by the apartment
building; if the apartment building requires the Management Board, operation
model, draft regulations on operation, receipts and expenditures should be
proposed;
e) Make announcement on paid services such as
swimming pools, gyms, tennis court, spa, supermarkets and other services (if
any);
g) Other proposals in relation to management and
use of apartment buildings;
4. The first apartment building meeting shall
decide following issues:
a) Regulations on apartment building meetings
(including first meeting, regular meetings and irregular meetings);
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c) Amendments, supplements to contents of management
and use of apartment building (if any);
d) Issues as prescribed in Point dd, Clause 3, this
Article; particularly, service price shall be based on this Regulation and the
agreement with managing unit;
dd) Expenses to be contributed by owners, occupants
during the use of apartment buildings;
e) Other relevant issues;
5. People’s Committee of wards shall be responsible
for organizing the first apartment building meeting in one of the following
cases:
a) The investor fails to organize the meeting after
the apartment building has been in operation for more than 12 months when
percentage of delivered apartments as prescribed in Point a, Clause 1, this
Article reaches 50% and representatives of owners of delivered apartments have
issued a written request to People’s Committee of wards for organization of the
meeting;
b) The investor has made preparations for the
organization of the meeting but the attendance is not sufficient as prescribed
in Clause 2, this Article and the investor and owner representatives have
issued a written request to People’s Committee of wards for organization of the
meeting;
6. Within 30 days since receipt of the written
request from owner representatives or the investor as prescribed in Clause 5,
this Article, the People’s Committee of wards shall be responsible for
organizing the first apartment building meeting. Outcomes of the first
apartment building meeting organized by People’s Committee of wards shall be
applicable to owners, occupants of apartment buildings the same as apartment
building meetings organized by the investor.
Article 14. Irregular
apartment building meetings
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a) Select replacements for heads or deputy heads
who are dismissed, pass away, or missing; in case of replacement of deputy
heads as the investor's representatives, the investor shall appoint others
without organizing of irregular apartment building meetings;
b) Dismiss all members of the Management Board and
elect new one.
c) Select replacements for members of the
Management Board who are dismissed, pass away or missing in case the collection
of suggestions from owners fails to reach the unanimity as prescribed in Point
b, Clause 3, Article 26 hereof or select replacements for members of the
Management Board as prescribed in Point b, Clause 4, Article 26 hereof;
d) The Management Board requests changing the
managing unit or adjustments to service price;
dd) Other cases as requested by more than 50% of
representatives of owners of delivered apartments;
2. Number of people attending irregular apartment
block meetings are stipulated as follows:
a) At least 50% of representatives of owners of
delivered apartments with respect to meetings on issues as prescribed in Points
a, b, c, or d, Clause 1, this Article;
a) At least 75% of people who have made requests
for organization of irregular meetings with respect to meetings proposed by
owners as prescribed in Point dd, Clause 1, this Article;
3. Requirements for number of people attending
irregular apartment complex meetings are as follows:
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In case each apartment building of an apartment
complex makes a request for changing its managing unit or for adjustments made
to service price, at least 50% of representatives of owners of delivered
apartments in such apartment building are required;
b) In case of selection of replacements for deputy
heads or members of the Management Board as representatives of an apartment
building in the apartment complex, the irregular meeting of such apartment
building is organized; apartment building meetings shall be organized to select
replacements when at least 50% of representatives of owners of delivered
apartments within such apartment building required.
c) For apartment complex meetings as requested by
owners as prescribed in Point dd, Clause 1, this Article, at least 75% of
people who make requests for organization of irregular meetings are required;
4. The Management Board shall be responsible for
making preparations including time and venue of the meeting attended by owners,
occupants.
5. People’s Committee of wards shall be responsible
for organizing irregular meetings (apartment building, apartment complex
levels) to make decisions on issues prescribed in Points a, b, or c, Clause 1,
this Article in one of the following cases:
a) The attendance is insufficient as prescribed in
Point a, Clause 2, Point a, Clause 3, this Article and the Management Board
issues a written request;
b) The Management Board fails to organize irregular
meetings (apartment building, apartment complex levels) on settlement of issues
as prescribed in Points a, b, or c, Clause 1, this Article even though at least
50% of representatives of owners of delivered apartments make the request.
6. Within 30 days since receipt of the written
request from the Management Board or owner representatives as prescribed in
Clause 5, this Article, the People’s Committee of wards shall be responsible
for organizing the irregular meeting. Outcomes of the irregular meeting
organized by People’s Committee of wards shall be applicable to owners,
occupants of apartment buildings the same as apartment building meetings
organized by the Management Board as prescribed hereof.
Article 15. Annual apartment
building meetings
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a) Listen to reports on performance of management
board and pass annual management board receipts and expenditures;
b) Consider and pass the apartment building’s
balance sheet of expenses for maintenance of shared area in the year and plans
for maintenance of shared area in the following year;
c) Listen to reports on administration and
operation of apartment buildings;
d) Decide other issues as prescribed in Article 102
of the Law on Housing (if any);
2. For annual apartment block meetings in
combination with making decisions on one of the following issues, attendance
should ensure at least 50% of representatives of owners of delivered
apartments:
a) Select replacements for heads or deputy heads
who are dismissed, pass away, or missing; in case of replacement of deputy
heads as the investor's representatives, the investor shall appoint others
without organizing of irregular apartment building meetings;
b) Dismiss all members of the Management Board and
elect new one.
c) Select replacements for members of the
Management Board (other than heads or deputy heads) who are dismissed, pass
away or missing in case the collection of suggestions from owners fails to
reach the unanimity as prescribed in Point b, Clause 3, Article 26 hereof or
select replacements for members of the Management Board as prescribed in Point
b, Clause 4, Article 26 hereof;
3. For annual meetings in combination with election
of head of the Management Board or decisions on issues prescribed in Points b,
d, Clause 1, Article 14 hereof , attendance should ensure at least 50% of
representatives of owners of delivered apartments of such apartment complex.
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5. The Management Board may make a written request
to People’s Committee of wards for organization of the apartment building
meeting as prescribed in Clauses 5, 6, Article 14 hereof in case of
insufficient attendance as prescribed in Clause 2, this Article.
6. In case the Management Board, its members are
found in breach of financial issues, depending severity of the case, the
meeting shall issue decisions on dismissal for one, a number of all the members
of the Management Board and carry out election of replacements as prescribed in
Clause 2 or Clause 3 and Clause 5, this Article; if the offender is subject to
criminal prosecution, the meeting shall pass the decision on making requests to
competent agencies for consideration and handling according to laws.
In case of need, the meeting shall make decision on
the establishment of an inspection team or employment of a professional unit to
inspect financial records of the Management Board; if a professional unit is
hired, owners or occupants shall make financial contributions to the payments
made to this unit as agreed.
Article 16. Participants and voting
at apartment building meetings
1. For single-owner apartment buildings, apartment
complexes, participants in the meeting comprise owner representatives,
occupants and representatives of People’s Committee of wards where the
apartment building is situated.
2. For multi-owner apartment buildings, apartment
complexes, participants are regulated as follows:
a) For meetings organized for the first time,
participants comprise the investor’s representatives, representatives of owners
of delivered apartments and representatives of People’s Committee of wards;
b) For irregular and annual meetings, participants
comprise representatives of owners of delivered apartments, the investor’s
representatives (if the investor still owns some areas in the apartment building),
representatives of the managing unit (if any) and representatives of People’s
Committee of wards;
3. Rights to vote at apartment block, apartment
complex meetings are based on the number of apartments and prescribed as
follows:
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b) For space other than apartments, each space
equivalent to the largest apartment's floor area according to approved designs
is in proportion to one vote.
4. Every decision made in apartment block,
apartment complex meetings shall be passed under the majority rule in the form
of voting; developments of the meeting shall be made in a written record with
signatures of presiding members and the secretary.
Section 2. MANAGEMENT BOARD
Article 17. Management board
1. For multi-owner apartment buildings requiring
the establishment of a management board according to the Law on Housing, the
Management Board shall be an organization having legal capacity, legal stamp
and operating according to the model as prescribed in Clause 1, Article 18
hereof; the Management Board elected in the meeting shall exercise rights and
obligations as prescribed in Clauses 1 and 2, Article 41 hereof.
2. For single-owner apartment buildings or
multi-owner apartment buildings having less than 20 apartments, the meeting
shall decide to or not to establish the Management Board. If the Management
Board is established, its operating principles and organizational model are as
follows:
For single-owner apartment buildings, the
Management Board shall not have legal capacity and legal stamp; the Management
Board shall operate according to the model as prescribed in Clause 3, Article
18 and exercise rights and obligations as prescribed in Clause 2, Article 41
hereof.
b) For multi-owner apartment buildings, operating
model and principles of the Management Board are prescribed in Clause 1, this
Article.
3. The Management Board as prescribed in Clauses 1
and 2, this Article has a three-year tenure and shall be re-elected in annual
meetings at the end of the tenure except in cases of irregular meetings to
elect replacements.
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5. In case an apartment building requires the
managing unit according to the Law on Housing, the Management Board shall not
be allowed to hire others or establish affiliated divisions; in case the
management unit is not required, the Management Board may hire outside
services. Members of the Management Board shall be responsible for performing
assigned duties as prescribed in the Management Board’s operation regulation.
6. The Management Board's operation expenditures
shall be contributed annually by owners and occupants based on decisions given
in the meeting; such expenditures should be specified in the Management Board's
operation regulations and managed through a bank account; The Management Board
should use these expenditures purposefully and make reports on receipts and
expenditures in annual meetings.
7. Remuneration for members of the Management Board
shall be contributed by owners, occupants through decisions given in the
meeting based on specific conditions of each apartment building, apartment
complex and locality unless otherwise as refused by the members.
If an apartment building requires the managing unit
as prescribed in the Law on Housing and this Regulation, owners and occupants
shall be responsible for paying remuneration to the Management Board via this
management unit; this sum of money shall not be included in the managing unit’s
business activities. If the managing unit is not required as prescribed in the
Law on Housing and this Regulation, this remuneration shall be paid to
individual members by the Management Board itself.
Article 18. Management board
model
1. Management boards of multi-owner apartment
buildings, apartment complexes shall be established according to model of board
of directors of a cooperative or a joint-stock company. Apartment building
meetings shall make decision on operation model of the Management Board.
2. If the Management Board is established and
operates according to model of board of directors of a cooperative, convening
and organizing the Management Board’s meetings shall be instructed in the Law
on Cooperatives. If the Management Board is established and operates according
to model of board of directors of a joint-stock company, convening and
organizing the Management Board’s meetings shall be instructed in the Law on
Enterprises.
Voting and making written records of the Management
Board’s meetings should comply with provisions set out in Article 25 hereof.
3. Management boards of single-owner apartment
buildings, apartment complexes shall be established according to self-governing
model; members of the Board shall unify the exercise of rights and obligations
among themselves as prescribed in Clause 2, Article 41 hereof.
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1. For a multi-owner apartment building, members of
the Board must be the owners who are using such apartment building; for a
single-owner apartment building, members of the Board must be owner
representatives and occupants of such apartment building. Members of the Board
shall be those who have good health, no previous convictions and offenses.
2. Members of the Board should participate in
training courses on management and use of apartment buildings organized by
professional training institutions according to the Ministry of Construction’s
regulations.
Article 20. Number,
composition of management board
1. The number of members of the Board of apartment
buildings, apartment complexes shall be decided in apartment building meetings
but should be in compliance with following decisions:
a) For apartment blocks, the number of members of
the Board should range from three to five;
b) For apartment complexes, the number of members
should range from six to 25 of which each apartment building accounts for from
three to five members.
2. Composition of multi-owner apartment buildings,
apartment complexes are regulated as follows:
a) For apartment blocks, the Management Board shall
comprise one head, one or two deputy heads and other members as decided in
apartment building meetings.
If the investor still owns some area in the
apartment building, its representatives may be elected as head or deputy head
of the Management Board in apartment building meetings.
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If the investor still owns some area in the
apartment complex, its representatives may be elected as head of the Management
Board in apartment building meetings. If the investor still owns some area in
either apartment building of the apartment complex, its representatives may be
elected as deputy head of the board of such apartment complex except that the
representatives have been elected as head of the board of such apartment
complex.
3. For single-owner apartment buildings, apartment
complexes, the board shall comprise one head, one or two deputy heads and other
members as decided in apartment complex meetings.
Article 21. Separation and
merging of management board
1. Separation and merging of management boards as
prescribed in this Article shall apply only to multi-owner apartment buildings
with management board already established.
2. Separation of management board of an apartment
complex is instructed as follows:
a) In case representatives of owners of either
apartment building need to separate from the apartment complex and establish a
management board for their own apartment building, an apartment building
meeting should be convened to collect suggestions from the owners; if at least
50% of representatives of owners of delivered apartments of such apartment
building agree (via the minutes of collective meeting), members of the board as
representatives of this apartment building shall deliver the minutes of
collective agreement to management board of the apartment complex.
After the minutes has been delivered to the
apartment complex’s management board, owners of the apartment building that
request separation from the apartment complex shall appoint an interim
organization committee for the organization of the first apartment building
meeting as prescribed in Clauses 1, 2, 3 and 4, Article 13 hereof; election and
determination of composition, number and model of management board operation
shall be instructed in this Section. Representatives of the apartment building as
current members of the apartment complex’s management board shall not be
recognized as members of the apartment complex’s management board after the
apartment block’s management board is established;
b) If representative of the apartment block is
still holding the position as head of the apartment complex’s management board
after separation, the apartment complex's management board should organize an
irregular meeting to elect replacement as prescribed in Article 14 hereof;
c) Procedures on recognition of management board as
prescribed in this Clause are instructed in Article 22 hereof.
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a) If individual apartment blocks have their own
management board and meet requirements for establishment of an apartment
complex as prescribed hereof, management boards of these apartment buildings
should organize meetings to agree on establishment of the apartment complex’s
management board; the minutes of meeting should specify plans for merging into
the apartment complex's management board, transfer of apartment buildings’
documents, records of management board’s operation and expenditures
administered by apartment buildings’ management boards.
Each apartment building’s management board must
organize meetings to collect suggestions from owners; if at least 50% of
representatives of owners of delivered apartments of each apartment building
agree to merge into the apartment complex (via the minutes of collective
agreement), management boards of such apartment buildings shall be responsible
for coordinating organization of the first apartment complex meeting (the first
meeting at apartment complex level). Organization of the first apartment
complex meeting should be in compliance with provisions set out in Clauses 1,
2, 3, 4, Article 13 and Article 26 hereof.
b) If an apartment block that already has its own
management needs to merge into management board of the established apartment
complex, the apartment building and apartment complex's management boards
should organize meetings to make decisions on the merging into the apartment
complex's management board.
After the decision on the merging is made, the
apartment building and apartment complex’s management boards each shall
organize meetings to collect suggestions from owners of the apartment building
and apartment complex respectively; if at least 50% of representatives of
owners of delivered apartments of the apartment complex and at least 50% of
representatives of owners of delivered apartments of the apartment block agree
to merge into the apartment complex (via the minutes of collective agreement),
management board of this apartment building should organize apartment building
meetings (meetings at apartment building level) to appoint representatives to
participate in the apartment complex’s management board.
The number and composition of representatives of
apartment buildings participating in the apartment complex’s management board
shall be determined in the same way as other apartment buildings within this
apartment complex; if some representative of the investor is holding the
position as deputy head of the apartment building's management board, such
representative may be elected as deputy head of the apartment complex's
management board;
c) Procedures on recognition of the apartment
complex’s management board as prescribed in this Clause are instructed in
Article 22 hereof.
4. Hand-over and management of apartment building
documents, the management board’s performance records and relevant expenditures
with respect to the case as prescribed in Clauses 2 and 3, this Article are
instructed as follows:
a) For the case as prescribed in Clause 2, this
Article, within seven working days since receipt of a written request from new
management board of an apartment building, the apartment complex’s management
board shall be responsible for handing over documents and all expenditures in
relation to the apartment building separated from the apartment complex to the
new management board of such apartment building for management as prescribed;
b) For the case as prescribed in Clause 3, this
Article, within seven working days since receipt of a written request from the
apartment complex’s management board, the apartment building’s management board
shall be responsible for handing over documents and all expenditures in
relation to such apartment building to the apartment complex's management board
for management as prescribed;
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d) Upon receipt of the written request as
prescribed in Point c, this Clause, the credit institution shall transfer all
the remaining expenditures as prescribed in Points a and b, this Clause to new
management board; the transfer of records of management board’s performance as
well as expenditures as prescribed in this Clause should be made into a written
record signed by concerned parties; the management and use of such expenditures
after being transferred to new management board is instructed in the Law on
Housing and this Regulation.
Article 22. Procedures on
recognition and announcement of management board operation
1. Within 10 working days since being elected, the
management board shall be responsible for submitting the application for
recognition of management board as prescribed in Article 23 hereof to People’s
Committee of District where the apartment building is situated.
2. Within seven working days since receipt of the
application, People’s Committee of District shall carry out inspection and
issue the Decision on recognition of management board (herein ‘the Decision’);
any decision on recognition of management board that was previously granted
should be revoked before the new one is issued.
3. Contents of the Decision comprise:
a) Name of management board and model of management
board operation;
b) Number of members of management board;
c) Full name and titles of heads, deputy heads of
management board;
d) Tenure of management board;
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4. After the Decision is issued, the recognized
management board shall be responsible for opening an account for operation; in
case of multi-owner apartment buildings, the management board should open an
account for expenditures for maintenance of shared area according to the Law on
Housing, this Regulation and register a legal seal according to laws on registration
of legal seals (name of management board inscribed on the seal must be
identical to the name recognized by People’s Committee of District) except that
the management board already has a seal and an account opened as prescribed.
5. Management board of single-owner apartment
buildings shall operate only when it is recognized by People’s Committee of
District. Management board of multi-owner apartment buildings shall operate
only when a seal is registered according to laws and an account opened according
to this Regulation.
Article 23. Applications for
recognition of management board
1. In case management board is established for the
first time, the application for recognition comprises:
a) A written request by management board specifying
that the name has been approved in the apartment building meeting (the meeting
at apartment building level); in case of establishment of apartment block’s
management board, the name should be taken after name or number of the
apartment building; in case of establishment of apartment complex’s management
board, the name shall be decided in the apartment building meeting;
b) The minutes of apartment building meeting on
election of management board;
c) Lists of members of management board; full name
of heads, deputy heads;
d) Management board’s operation regulations passed
in the apartment building meeting.
2. In case management board is re-elected due to
tenure expiration or dismissals or selection of replacements for heads or
deputy heads, the application shall comprise:
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b) Original copy of the Decision;
c) The minutes of apartment building meeting on
re-election of management board, re-election for alternative Management Board
or for selection of replacements for heads, deputy heads;
d) Lists of members of management board; full name
of heads, deputy heads;
dd) Management board’s operation regulations passed
in the apartment building meeting (if amended, supplemented);
3. In case of separation of management board of
apartment complex as prescribed in Clause 2, Article 21 hereof, the application
shall be instructed as follows:
a) For requests for recognition of management board
of an apartment building after separation from the apartment complex, the
application shall comprise documents as prescribed in Clause 1, this Article
enclosed with the minutes of collective agreement as prescribed in Point a,
Clause 2, Article 21 hereof; For the case as prescribed in Point c, Clause 2,
Article 21 hereof, an original copy of the Decision should be added;
b) For requests for recognition of management board
of an apartment complex after some apartment building is separated, the
application shall comprise a written request by management board of the
apartment complex, original copy of the Decision, lists of remaining members of
management board (clearly specify full names of individual members); in case of
re-election of head of management board of apartment complex as prescribed in
Point b, Clause 2, Article 21 hereof, the minutes of apartment building meeting
on the election should be added.
4. In case of merging of management board as
prescribed in Clause 3, Article 21 hereof, the application for recognition of
management board of apartment complex shall be instructed as follows:
a) For requests for recognition of management board
of an apartment complex formed by joining management boards of apartment
buildings together, the application shall comprise documents as prescribed in
Clause 1, the minutes of collective agreement as prescribed in Point a, Clause
3, Article 21 hereof and original copy of decisions on recognition of
management boards of apartment blocks;
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Article 24. Regulations on
management board operation, receipts and expenditures
1. Regulations on operation and receipts and
expenditures of management boards of apartment buildings, apartment complexes
shall be passed in apartment building meetings, ensuring public disclosure,
transparency and full compliance with provisions laid down hereof, the Law on
Housing and other relevant law provisions.
2. Operation regulations of management boards of
apartment buildings and complexes comprise following information:
a) Model of management board operation;
relationship between members of management board, between management board and
relevant agencies, organizations during management and use of apartment
buildings;
b) Principles for organizing management board
meetings including regulations on convener, conditions for meetings,
chairpersons for meetings, the minutes of meetings, manners of voting, making
decisions on issues within responsibility and authority of management board,
effects of decisions made by management board;
c) Rights and obligations of management board and
specific responsibility of each member of management board of which
responsibility for signing documents of management board, signing contracts
with managing units, units in charge of maintenance of shared areas of
apartment buildings; responsibility for managing and signing documents in the
absence of heads or deputy heads; responsibility for managing legal seals of
management board (if seal is available) should be specified;
d) Rights to get access to information and
responsibility for supplying information between members of management board;
dd) Reception and responses to proposals by
apartment building owners, occupants, handling of cases concerning dismissal of
members of management board and responsibility for making compensations for
damages of persons committing acts in violation of regulations;
e) Mechanism of reporting and approving decisions
on expenses of management board; persons responsible for managing documents and
records of management board performance;
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3. Regulations on receipts and expenditures of
management boards of apartment buildings and complexes comprise following
information:
a) Regulations on receipts managed by management
board, name of person as owner of the account for operation, account for
expenditures for maintenance of shared area managed by management board,
regulations on deposit terms for expenditures for maintenance of shared area of
apartment building;
b) Regulations on remuneration for each member of
management board and other expenses supporting management board operation;
c) Assignment of responsibilities for collecting
expenditures, signing in approval for expenses for management board operation
on behalf of management board, signing written request for withdrawal of
expenditures for maintenance of shared areas of apartment buildings and other
papers;
d) Procedures on withdrawal of money and relevant
documents;
dd) Assignment of responsibilities for keeping
records of invoices, vouchers of receipts and expenditures of management board;
e) Regulations on maximum level of cash management
board may withdraw for making payments to units carrying out maintenance of
shared area of apartment buildings; level of expenditure management board may
use for irregular maintenance without organizing apartment building meetings or
asking for opinions from owners;
g) Regulations on handling of committed offences
such as improper spending or appropriation of expenditures managed by
management board or offenses relating to keeping records of invoices, vouchers;
h) Other regulations;
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1. Decisions made by management board of apartment
buildings, apartment complexes shall be passed in the form of voting as
prescribed in management board’s operation regulations, made into written
records signed by a secretary, members of management board present in the
meeting and affixed with a stamp of management board (if seal is available). In
case the ayes achieve 50% of the number of members of management board, the
final result shall be decided by the head or deputy head (in case the head is
absent) unless otherwise as regulated in Clauses 2 and 3, this Article.
2. For multi-owner apartment buildings, following
proposals shall be passed when at least 75% of total number of members of
management board of apartment buildings, apartment complexes vote in favor:
a) Proposals on change of managing unit;
b) Decisions on selection of units carrying out
maintenance;
c) Proposals on change of service price;
d) Proposals, requests from management board to the
investor during management and use of apartment buildings;
dd) Other cases as decided by apartment building
meetings;
3. For decisions on expenditures on maintenance of
shared areas of multi-owner apartment buildings, voting shall be carried out as
follows:
a) Decisions on maintenance of shared area of
apartment block made by management board of the apartment block should be voted
for by 100% of the number of members of the management board except that some
member is absent due to force majeure;
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Article 26. Dismissal of
members of management board or management board itself
1. Members of management board of apartment
buildings, apartment complexes shall be dismissed in one of the following
cases:
a) Members of management board apply for
resignation;
b) Members of management board are no longer
apartment building owners (in case of multi-owner apartment buildings);
c) Members of management board move to other
locations;
d) Head of management board of apartment block
after separation from apartment complex in the case prescribed in Point b,
Clause 2, Article 21 hereof;
dd) Members of management board of apartment
building merging into apartment complex in the case prescribed in Clause 3,
Article 21 hereof;
2. Dismissal of management board, members of
management board of apartment buildings, apartment complexes shall be
implemented at the request of management board or apartment building owners in
following cases:
a) Management board fails to make reports on its
performance in apartment building meetings as prescribed hereof;
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c) Members of management board commit acts in
violation of regulations on operation, receipts and expenditures of management
board;
d) Members of management board fail to participate
in management board operation for six straight months or fail to attend at
least 30% of total number of management board meetings for a year.
3. Re-election of members of management board of
apartment blocko is carried out as follows:
a) In case of election of replacements for
management board, heads or deputy heads of management board, an irregular
apartment building meeting should be held to give decisions as prescribed in
Article 14 hereof; in case of dismissal of deputy heads as representatives of
the investor, the investor shall appoint other representatives as replacements
without organization of irregular apartment building meetings;
b) In case of election of members of management
board apart from the subjects as prescribed in Point a, this Clause, the
management board shall propose replacements and ask for opinions from owners;
if approved by at least 50% of representatives of owners of delivered
apartments or less as decided by apartment building meeting, such replacements
shall be recognized as members of management board; otherwise, an irregular
apartment building meeting shall be organized to elect replacements as
prescribed in Article 14 hereof.
4. Re-election of members of management board of
apartment complex is carried out as follows:
a) In case of election of replacements for
management board or heads of management board, an irregular apartment complex
meeting should be held to give decisions as prescribed in Article 14 hereof;
b) In case of election of members of management
board of apartment complex apart from the subjects as prescribed in Point a,
this Clause, the management board shall propose replacements and ask for opinions
from owners of apartments of the apartment building to which the members to be
replaced belong; if approved by at least 50% of representatives of owners of
delivered apartments or less as decided by apartment building meeting, such
replacements shall be recognized as members of management board of the
apartment complex; otherwise, an irregular apartment building meeting shall be
organized to elect replacements as prescribed in Article 14 hereof.
In case of dismissal of deputy heads of management
board of apartment complex as representatives of the investor, the investor
shall appoint others as replacements without organizing irregular apartment
complex meetings;
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Article 27. Apartment building
administration and operation unit (Managing unit)
1. Managing unit refers to an organization or
enterprise which has functions or capacity as prescribed in Clause 1, Article
28 hereof and has its name published on the portals of Agency for Management of
Housing and Real Estate Market and the Ministry of Construction. Managing unit
may be the investor or other units as prescribed hereof.
2. The investor may directly administer, operate
apartment buildings or entrust other units having functions and capacity as
prescribed in Clause 1, Article 28 hereof with such duties when the first
apartment building meeting is yet to be held. After the first apartment
building meeting is held, management board shall enter the contract for
administration and operation services (herein ‘the service contract’) with the
investor who has functions and capacity in apartment building administration
and operation, or with other units entrusted by the investor.
If an apartment building has no lifts, the
apartment building meeting shall make decisions on hiring managing units or
self-governing; in case of the former, regulations on apartment building
administration and operation as prescribed hereof should be complied with.
3. If the managing unit fails to comply with the
agreement, is subject to termination of signed contract or has name removed
from the portals of Agency for Management of Housing and Real Estate Market and
the Ministry of Construction after entering the service contract with
management board, the management board shall organize an irregular apartment
building meeting as prescribed in Article 14 hereof to consider seeking other
replacements.
4. Each apartment block shall have only one
managing unit. An apartment complex may have one managing unit or each
apartment building in the apartment complex may have its own managing unit as
decided in apartment complex meetings. If each apartment building has its own
managing unit, management board of the apartment complex shall join all the
managing units together for performance of administration and operation of
shared technical works and system in the apartment complex.
5. Managing units may enter the service contract
with other service providers but shall be responsible for terms and conditions
under the contract signed with management board.
Article 28. Conditions for
functions and capacity of managing units and public notices about lists of
managing units
1. Managing units of apartment building should meet
requirements for functions and capacity as follows:
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b) At least have professional specialty (including
technical) offices or divisions; guards and security; reception and environment
hygiene services;
c) Members of board of directors and officials
working in professional specialty offices, divisions as prescribed in Point b,
this Clause should obtain professional level corresponding to job position and
certificates of completion of training in professional competence in apartment
building administration and operation as prescribed by the Ministry of
Construction.
2. Managing units that meet requirements as
prescribed in Clause 1, this Article should deliver an application to the
Ministry of Construction (Agency for Management of Housing and Real Estate
Market) for considerations and public announcement on portals of Agency for
Management of Housing and Real Estate Market and the Ministry of Construction.
The application comprises:
a) Certified true copy of documents proving
functions as prescribed in Point a, Clause 1, this Article;
b) Certified true copy of establishment decisions
of professional specialty offices or divisions as prescribed in Point b, Clause
1, this Article and lists of officials from such offices, divisions;
c) Certified true copy of certificates of
completion of training in professional competence in apartment building
administration and operation granted to members of board of directors,
managers, assistant managers, professional and technical operations shift
leaders, assistants of the unit.
3. Within 20 working days since receipt of
application as prescribed in Clause 2, this Article, Agency for Management of
Housing and Real Estate Market shall be responsible for carrying out
consideration and inspection and issuing a written notice to the applicant (the
managing unit) if the requirements as prescribed in Clause 1, this Article are
met. The notice shall be published on the portals of Agency for Management of
Housing and Real Estate Market and the Ministry of Construction as foundations
for apartment building meetings to refer to and make decisions on selection of
managing unit. Only managing units that have names published on the portals of
Agency for Management of Housing and Real Estate Market and the Ministry of
Construction are eligible for executing the service contract with management
board or representatives of apartment building management.
After the notice is published on the portals as
mentioned above, if managing unit goes bankrupt, dissolved, subject to
termination of contract, or is found failing to meet requirements for functions
and capacity as prescribed in Clause 1, this Article during the investigation,
inspection conducted by competent agencies, Agency for Management of Housing
and Real Estate Market shall be responsible for conducting inspection or making
requests to the Service of Construction where managing unit is headquartered,
and the Ministry of Construction for inspection, and removing name of the
managing unit from the portals if it is found failing to meet requirements for
performance of administration and operation as prescribed.
4. For state-owned apartment buildings, depending
on specific cases as prescribed in the Law on Housing, the administration and
operation may be performed by units that meet requirements as prescribed in
Clause 1, this Article or by other organizations according to regulations on
management and use of state-owned houses.
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1. The administration and operation of apartment
buildings shall be carried out via the service contract signed between managing
unit and management board. The service contract signed between the parties
should specify information as prescribed in Clause 2, this Article be in
compliance with Annex 02 enclosed herewith.
2. The service contract comprises following
information:
a) Full name, address, representatives
participating in contract signing;
b) Scale and area of shared portions inside and
outside apartment buildings that need administering and operating;
c) Requirements for quality, quantity, time and
venue for provision of services;
d) Service price calculated on the basis of usable
square meter (m2); payment of charges;
dd) Service contract duration;
e) Cases of contract termination;
g) Rights and obligations of the parties; responsibility
for coordination between the parties; settlement of disputes over terms and
conditions of the contract;
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i) Effectiveness of the contract;
3. Acceptance, payment, financial settlement and
contract settlement shall be carried out according to terms and conditions in
the contract and civil laws.
Article 30. Apartment building
administration and operation service price (the service price)
1. The service price shall be instructed in Article
106 of the Law on Housing and based on types of apartment buildings and
agreements with managing units. In case an apartment building is put into
service but the first apartment building meeting is yet to be held, the service
price shall be decided by the investor and specified in the purchase and lease
purchase contract; after the first apartment building is held, the service
price shall be based on negotiations with managing unit.
2. The service price is expressed in Vietnam dong and calculated according to usable square meter (m2) or other areas
within the apartment building (determined according to carpet area).
3. For mixed-use apartment buildings, the service
price for the functional area, and privately-owned area used as auto parking
space is determined as follows:
a) The service price for office, service and
commercial area shall be negotiated between the parties on the basis of actual
business, service and office activities and specific positions of apartment
buildings.
b) The service price for privately-owned area used
as auto parking space shall be negotiated between parties and may be lower than
the service price for apartment buildings in the same apartment building. These
regulations also apply to privately-owned areas used as auto parking space of
residential apartment buildings.
c) If the service price as prescribed in Points a
and b, this clause cannot be agreed by the parties, the service price issued by
People’s committees of provinces where such apartment building is situated shall
be used instead.
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Article 31. Expenditures on
services
1. Expenditures on services shall be paid on a
monthly or periodical basis by owners and occupants to managing units for
performance of duties as prescribed in Clause 1, Article 10 hereof.
2. Expenditures on services are determined by
multiplying the service price as prescribed in Article 30 hereof by usable area
of apartments or other space other than apartments in the apartment building.
3. Usable area of apartments or other space other
than apartments in the apartment building shall serve as foundations for
calculation of expenditures on services as follows:
a) If certificates of land use rights, ownership of
houses and land-linked properties (hereinafter referred to as ‘the
Certificate’), the area serving as foundations for calculation of expenditures
on services shall be the area specified in the Certificate;
b) If the Certificate is yet to be granted, the
area serving as foundations for calculation of expenditures on services shall
be usable area privately owned by owners (carpet area as prescribed in Clause
2, Article 101 of the Law on Housing); this area is determined in the purchase
and lease purchase contract or in practice.
4. For state-owned apartment buildings,
expenditures on services shall be collected according to Point a, Clause 5,
Article 106 of the Law on Housing.
Section 4. MAINTENANCE OF
APARTMENT BUILDINGS
Article 32. Principles for
maintenance of apartment buildings
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2. Maintenance of privately-owned portions should
not have any effect on privately-owned portions and works, equipment system
used in common in apartment buildings.
3. Maintenance of shared portions of residential
and mixed-use apartment buildings (if undefinable) shall be carried out
according to maintenance plan passed by apartment building meeting and
procedures on maintenance of equipment established under this Regulation.
4. Maintenance of shared portions of residential
and mixed-use apartment buildings (if separately definable) shall be carried
out according to following principles:
a) For shared portions of apartment area and shared
portions of the entire apartment building, the owners shall carry out
maintenance according to the plan passed by the apartment building meeting and
established procedures except in cases of unexpected damage caused by natural
disasters, conflagration;
b) For shared portions of the functional area, the
owners thereto shall carry out the maintenance according to procedures on
maintenance of apartment buildings and equipment system as prescribed.
5. Maintenance of shared portions of apartment
complex shall be carried out by owners and occupants of such apartment complex.
6. Only individuals or units that meet requirements
for conditions and capacity shall be hired by owners and management board of
apartment buildings to carry out the maintenance.
Article 33.
Plans for maintenance of shared portions of apartment buildings
1. Plans for maintenance of shared portions of
apartment buildings shall be passed by apartment building meetings to apply to
the cases as prescribed in Clause 3 and Point a, Clause 4, Article 32 hereof.
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3. Plans for maintenance of shared portions of
apartment buildings applied to the cases as prescribed in Clause 3, Point a,
Clause 4, Article 32 hereof shall be established and passed on the basis of the
procedures on maintenance of civil works of apartment buildings, procedures on
maintenance of equipment system provided by the investor and current conditions
of shared portions of apartment buildings.
4. Contents of plans for maintenance of shared
portions of apartment buildings applied to the cases as prescribed in Clause 3
and Point a, Clause 4, Article 32 hereof comprise:
a) Work items that need maintenance in the year and
are expected to be maintained for the next three to five years; Work items
subject to unexpected maintenance in the year (if any);
b) Time and progress of maintenance of each work in
the year;
c) Expected budgets for maintenance of each work
item;
d) Responsibility for supporting and creating
conditions of owners in relation to the area that needs maintenance;
responsibility for inspection, monitoring and acceptance of management board;
dd) Other relevant issues;
Article 34. Work items of
apartment buildings eligible for use of expenditures on maintenance of shared
portions for maintenance
1. Work items and area that belong to shared
portions as prescribed in Points a and b, Clause 2, Article 100 of the Law on
Housing;
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3. Outside infrastructure connected to apartment
buildings; public works as prescribed in Point b, Clause 2, Article 100 of the
Law on Housing;
4. Handling wastewater stagnation and septic tank
emptying; injecting microorganisms to apartment building’s wastewater treatment
system;
5. Other work items that belong to shared portions
of apartment buildings as agreed in the purchase and lease purchase contract or
according to the Law on Housing;
Article 35. Maintenance
contract and implementation of maintenance of shared portions of apartment
buildings
1. Management board, owners of the functional area
may choose and sign maintenance contract as follows:
a) For civil work of an apartment building,
management board, owners may directly hire a managing unit to perform
maintenance (if such apartment building has the managing unit; for apartment
buildings requiring no managing unit, other qualified units may be hired to
perform the maintenance instead;
hireb) For
shared equipment system, managing unit may be hired or authorized to hire
equipment supplier or other units to carry out maintenance; in case of replacement
of equipment, the equipment supplier should provide warranty coverage according
to the period as regulated by the manufacturer;
2. Maintenance units should perform maintenance
according to established maintenance procedures, ensure safety for owners and
occupants during the maintenance, comply with progress and other terms and
conditions under signed maintenance contract.
3. Maintenance contract is established and signed
between management board (or owner of the functional area) and maintenance unit
according to laws. For apartment buildings requiring no management board,
representatives of apartment building management shall sign the contract with
maintenance unit.
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Article 36. Establishment,
transfer and management of expenditures on maintenance of shared portions of
multi-owner apartment buildings
1. The investor shall be responsible for opening an
account at a credit institution which is currently operating in Vietnam for
temporary management of expenditures on maintenance of shared portions of
multi-owner apartment buildings as prescribed in the Government’s Decree No.
99/2015/NDD-CP dated October 20, 2015 detailing the implementation of a number
of articles of the Law on Housing (herein ‘Decree No. 99/2015/NDD-CP’).
2. For residential apartment buildings, mixed-use
apartment buildings with shared portions of apartment area and the functional
area being undefinable, after the first apartment building meeting is held, the
opening of account, transfer and management of expenditures on maintenance of
shared portions shall be carried out as follows:
a) Management board shall open an account at a
credit institution for management and use of expenditures on maintenance of
shared portions of the apartment block;
b) Within seven working days since receipt of a
written request for transfer of expenditures on maintenance from management
board, the investor shall be responsible for transferring expenditures on
maintenance collected from buyers, tenants and expenditures on maintenance with
respect to the area retained not for sale, lease purchase or rent by the
investor as prescribed in Point b, Clause 1, Article 108 of the Law on Housing
to the account opened by management board as prescribed in Point a, this Clause
for management and use according to laws;
c) Deposit account for expenditures on maintenance
of residential apartment buildings may be co-owned by one or multiple members
of management board; deposit account for expenditures on maintenance of
mixed-use apartment buildings is co-owned by one member of management board as
owner of apartment building area and one member of management board as
representative of owner of the functional area.
Deposit terms and owner of deposit account for
expenditures on maintenance as prescribed in this Clause are instructed in
management board’s regulations on receipts and expenditures passed by the
apartment building meeting.
3. For residential apartment buildings with shared
portions of apartment area and the functional area being definable, after the
first apartment building meeting is held, the opening of account, transfer and
management of expenditures on maintenance of shared portions shall be carried
out as follows:
a) Management board shall open an account at a
credit institution currently operating in Vietnam for management of
expenditures on maintenance of shared portions of the apartmeng building area
and entire apartment block;
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c) Owner of the functional area shall be
responsible for self-governing expenditures left as prescribed in Point b,
Clause 4, this Article for maintenance of shared portions of this functional
area;
d) Transfer of expenditures on maintenance of
shared portions of apartment buildings as prescribed in this Clause is
instructed in Clause 4, this Article.
4. Transfer and management of expenditures on
maintenance for cases as prescribed in Clause 3, this Article is prescribed as
follows:
a) Within seven working days since receipt of a
written request from management board, the investor shall be responsible for
transferring expenditures on maintenance collected from buyers, tenants and
expenditures on maintenance with respect to the area retained not for sale,
lease purchase or rent by the investor as prescribed in Point b, Clause 1, Article
108 of the Law on Housing to the account opened by management board as
prescribed in Point a, Clause 3, this Article for management and use according
to laws;
b) For expenditures on maintenance payable for the
functional area, the investor shall transfer the proportion as agreed with
buyers, tenants in the purchase and lease purchase contract as prescribed in
Clause 5, Article 108 of the Law on Housing or approved in the apartment
building meeting (if not finalized in the purchase and lease purchase contract)
to the account established by management board as prescribed in Point a, Clause
3, this Article for management and maintenance of shared portions of the entire
apartment building; remaining expenditures shall be self-governed by the
investor as prescribed in Point c, Clause 3, this Article.
5. In case of establishment of an apartment
complex, based on use purpose of each apartment building within, management
board of the apartment complex shall open a separate account for expenditures
on maintenance of each apartment building as prescribed in Clauses 2, 3, and 4,
this Article;
6. Transferor (party that transfers expenditures)
and transferee (party that receives expenditures) as prescribed in this Article
shall be responsible for fulfilling procedures on settlement of these
expenditures prior to the transfer. Documentation of settlement of expenditures
on maintenance of shared portions comprises:
a) Written records of area, equipment that belongs
to shared portions of apartment buildings as prescribed in the Law on Housing;
b) Written records of total expenditures collected
according to the Law on Housing of which the amount of money collected from
buyers, tenants and amount of money paid by the investor as prescribed is
specified; Name, number of deposit account managed by the investor;
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7. If the investor fails to transfer or transfers
in an inadequate and unpunctual manner expenditures on maintenance of shared
portions as prescribed in this Article, management board of apartment building
shall make requests to People’s committees of provinces where the apartment
building is situated for coercive measures according to Decree No.
99/2015/NDD-CP.
8. The investor shall be responsible for collecting
expenditures on maintenance of shared portions and transfer to management board
according to laws and this Regulation;
Article 37. Use of
expenditures on maintenance of shared portions of multi-owner apartment
buildings
1. Expenditures on maintenance of shared portions
of apartment block is used only for the maintenance of shared portions of such
apartment building. Management board shall use such expenditures on the
maintenance of items as prescribed in Article 34 hereof; expenditures that are
not used up in case an apartment building is demolished shall be used to
support relocation or added to funds for maintenance of shared portions of new
apartment buildings (if re-constructed).
2. Management board should make public announcement
about established deposit account in the apartment building meeting. Use of
budget for operation and maintenance of shared portions of the apartment building
should comply with this Regulation and should be accompanied by records,
invoices, vouchers as prescribed for monitoring and management.
3. In case of establishment of accounts for
management of expenditures as prescribed in Point a, Clause 3, Article 36
hereof, both management board and the investor shall be unanimous in dividing
the expenditures into two proportions, expenditures on maintenance of shared
portions of entire apartment building and expenditures on maintenance of shared
portions of apartment area.
Proportion of expenditures used for maintenance of
shared portions of apartment area shall be used for maintenance of shared
portions of apartment area only; Proportion of expenditures used for
maintenance of shared portions of entire apartment building shall be used for
maintenance of shared portions of entire apartment building only; The investor
and management board may be unanimous in the establishment of two different
accounts for management of two proportions of expenditures as prescribed in
this Clause.
4. The credit institution that is managing the
deposit account for expenditures on maintenance of shared portions of apartment
buildings shall be responsible for transferring money to the maintenance unit’s
account within three working days since receipt of written request from
management board. The written request for transfer of money comprises:
a) Request form specifying reasons for transfer of
money and the amount to be transferred;
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c) Maintenance plan passed by apartment building
meeting except in cases of irregular maintenance;
d) The contract for maintenance signed with
individuals, units that have capacity for maintenance performance as prescribed;
5. In case value of the contract for maintenance is
within permissible limits as stated in the management board's regulations on
receipts and expenditures of management board, after receipt of written request
as prescribed in Clause 4, this Article, the credit institution shall carry out
procedures on transfer of cash to management board for direct payment to
maintenance units.
6. In case of irregular maintenance works with
expenditures within permissible limits as stated in management board's regulations
on receipts and expenditures, the management board shall issue a written
request accompanied by the minutes of management board meeting on money
withdrawal and the signed maintenance contract to the credit institution;
within three working days since receipt of such written request, the credit
institution shall transfer the money; transfers through accounts or in cash are
instructed in Clauses 4, 5, this Article.
7. Expenditures used for the maintenance of shared
portions of apartment buildings in an apartment complex are instructed as
follows:
a) In case of irregular maintenance of shared
portions of entire apartment complex, expenditures on the maintenance shall be
deducted equally from expenditures on maintenance of shared portions of each
apartment building;
b) In case of irregular maintenance of shared
portions of a number of apartment buildings in the apartment complex,
expenditures on the maintenance shall be deducted equally from expenditures on
maintenance of shared portions of each related apartment building;
c) Withdrawal of expenditures on maintenance of
shared portions as prescribed in Points a and b, this Clause is instructed in
Clauses 4, 5 and 6, this Article.
Section 5. RIGHTS AND
OBLIGATIONS OF ORGANIZATIONS, INDIVIDUALS FOR MANGEMENT AND USE OF APRTMENT
HOUSES
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1. Manage and operate apartment buildings as
prescribed in Clause 2, Article 27 hereof; Submit proposal of qualified
managing units to the first apartment building meeting for considerations,
decisions in case:
a) The investor has no function and capacity for
management and operation and fails to entrust other qualified units.
b) The investor has function and capacity for
management and operation but fails to participate in and also fails to entrust
other qualified units.
2. Collect expenditures on maintenance of shared
portions of apartment buildings as prescribed in Articles 108, 109 of the Law
on Housing, Decree No. 99/2015/NDD-CP and hand such expenditures over to
management board according to the Law on Housing and this Regulation;
3. Preside over organization of the first apartment
building meeting, appoint people to participate in management board and voting
in apartment building meetings as prescribed hereof;
4. Hand over infrastructural system outside
apartment buildings to local regulatory agencies according to laws; establish
and hand over apartment building documentation to management board as
prescribed hereof;
5. Manage and use the works serving domestic
activities of owners and occupants of apartment buildings assigned by the State
or constructed for business in accordance with the purposes specified in
approved project;
6. Maintain its own portions; make compensations to
owners for damages & losses caused by maintenance or no maintenance;
7. Request competent agencies to handle acts of
invading its legally-owned properties or acts of obstructing legal business
according to approved project;
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9. Buy compulsory fire and explosion insurance
according to the Law on Fire and Explosion Prevention and the Law on Insurance
Business;
10. Make compensations for damages & losses as
agreed in the contract or as prescribed by laws; comply with decisions on
penalties made by competent state agencies;
11. Other rights and responsibilities according to
laws;
Article 39. Rights and
obligations of apartment building owners
1. For multi-owner apartment buildings, the owners
thereto shall exercise following rights and obligations during management and
use of apartment buildings:
a) Be entitled to own and use privately-owned
portions and shared portions according to the Law on Housing and this
Regulation; Carry out maintenance of privately-owned portions according to the
Law on Housing and this Regulation; make compensations for any damage caused to
other owners;
b) Request the investor, management board or
People’s Committee of Ward to organize apartment building meetings as
prescribed hereof; attend apartment building meetings and vote on issues raised
in apartment building meetings according to the Law on Housing and this
Regulation;
c) Request the investor, managing units, management
board to provide information and make public disclosure of management and use
of apartment buildings;
d) Fully comply with decisions made in apartment
building meetings including cases of absence; comply with decisions made by
competent state agencies;
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Owners that fail to make the payments as prescribed
shall be handled according to terms and conditions in the service contract
signed between management and managing unit;
e) Comply with rules and regulations on management
and use of apartment buildings; detect and make early notifications of
committed offenses concerning managing and use of apartment buildings to
competent state agencies and managing unit;
g) Create favorable conditions and assist
functional units in carrying out maintenance of shared portions as prescribed;
h) Restore former conditions and be liable for any
damage caused to the area, equipment that belong to shared portions or
privately owned portions; be liable to handling according to law and for any
damage caused if committing acts of obstructing legal businesses of owners of
the functional area;
i) Buy compulsory fire and explosion insurance
according to the Law on Fire and Explosion Prevention and the Law on Insurance
Business;
k) Exercise other relevant law provisions;
2. For single-owner apartment buildings, the owners
thereto shall be entitled to use of apartment buildings and exercise rights and
obligations as prescribed in Points b, c, d, e and k, Clause 1, this Article.
Article 40. Rights and
obligations of occupants as non-owners
1. Use shared portions and privately-owned portions
of apartment buildings according to the Law on Housing and this Regulation;
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3. Attend apartment building meetings (in case of
single-owner apartment buildings); attend apartment building meetings on behalf
of owners who do not attend (in case of multi-owner apartment buildings);
4. Exercise relevant rights and obligations as
prescribed in Points b, c, d, dd, e, g, h and k, Clause 1, Article 39 hereof;
Article 41. Rights and
obligations of management board
1. Management board of multi-owner apartment
buildings shall exercise rights and obligations as prescribed in Clause 1,
Article 104 of the Law on Housing and this Regulation and following
responsibilities:
a) Take delivery, maintain and manage apartment
building documents; supply one set of documents received from the investor to
managing unit in case the apartment building requires a managing unit as
prescribed in Clause 2, Article 5 hereof except that the managing unit is the
investor;
b) Make preparations for organization of apartment
building meetings as prescribed hereof; make public disclosure of contents of
signed service contract and maintenance contract in apartment building
meetings;
c) Make reports on management board receipts and
expenditures, performance of maintenance, receipts and expenditures on
maintenance of shared portions of apartment buildings to apartment building
meetings for ratification as prescribed hereof;
d) Exercise rights over shared portions of
apartment buildings on behalf of owners as prescribed in the Law on Housing and
this Regulation; Do not incite other people to cause loss of order and security
in apartment building area;
dd) Bear responsibility to owners for assigned
tasks; comply strictly with regulations on operation, receipts and expenditures
of management board;
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g) Make requests to competent agencies for handling
in case the investor fails to hand over apartment building documents,
expenditures for maintenance of shared portions of apartment buildings as
prescribed;
h) Hand over documents, records under management to
new management boards;
i) Any member of management board that violates
this Regulation and relevant law provisions, depending on severity of violation
shall be handled, penalized for administrative violations or liable to criminal
prosecution and make compensations for any damaged caused;
k) Comply with decisions on handling made by
competent state agencies and exercise other rights and responsibilities
according to laws;
l) Exercise other rights and obligations as
prescribed in regulations on operation, receipts and expenditures of management
board passed by apartment building meetings and provisions in this Regulation.
2. Management board of single-owner apartment
buildings shall exercise rights and obligations as prescribed in Clause 2,
Article 104 of the Law on Housing and other relevant rights and obligations as
prescribed in Points a, b, dd, e, g, h, i, k and l, Clause 1 in this Article.
Article 42. Rights and
obligations of management units
1. Carry out management and operation of apartment
buildings as prescribed hereof and the service contract signed with management
board or representatives of apartment building management (for apartment
buildings without management boards); carry out maintenance of shared portions
of apartment buildings according to maintenance contract;
2. Sign sub-contracts with service providers in the
management and operation of apartment buildings (if any); monitor supply of
services by these units;
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4. Collect expenditures on services as agreed with
owners, occupants of apartment buildings; pay compensations to members of
management board under decisions made by apartment building meetings;
5. Make public notices about administration and
operation of management board on a six-month basis or at the request of
competent agencies; make reports on management and operation of apartment
buildings; collect suggestions from occupants on the services;
6. Cooperate with management board in handling
other relevant difficulties arising during the management and use of apartment
buildings;
7. Comply with decisions on handling made by
competent state agencies;
8. Exercise other rights and obligations as agreed
in the service contract or according to relevant law provisions;
Chapter IV
SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS IN
MANAGEMENT AND USE OF APARTMENTHOUSES
Article 43. Settlement of
disputes
1. Disputes over ownership of apartment buildings
shall be settled on the basis of negotiations and reconciliation in conformity
with provisions of the Law on Housing, this Regulation and relevant law
provisions; any dispute that cannot be settled through negotiations and
reconciliation shall be brought to the People's court for settlement according
to laws.
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3. Disputes between members of management board
shall be settled in conformity with the management board’s operation
regulations ratified by the apartment building meeting.
4. Disputes between management board with owners,
occupants of apartment buildings over election, dismissal or replacement of
members of management board shall be settled via reconciliation; otherwise, an
apartment meeting house should be convened for settlement.
5. Disputes over the service contract, maintenance
contract between service providers and managing units shall be settled through
negotiations between the parties; disputes that cannot be settled through
negotiations between the two parties shall be brought to the People’s court according
to laws.
Article 44. Handling of
violations
1. Management board, members of management board
that violate regulations on management and use of apartment buildings,
depending on severity of violation shall be dismissed or replaced as prescribed
hereof and liable to administrative handling or criminal prosecution according
to laws.
2. If the organization of an apartment building
meeting is inconsistent with this Regulation, decisions and outcomes therefrom
shall not be accepted.
3. Any decision made by management board
inconsistent with regulations on operation, receipts and expenditures shall not
be accepted.
4. Any person who takes advantage of authority,
being owners or occupants of apartment buildings to violate regulations on
management and use of apartment buildings, depending on severity of violation
shall be liable to administrative handling or criminal prosecution.
5. Any person who commits violations causing damage
shall make compensations according to laws.
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PROVISIONAL PROVISIONS
Article 45. Transitional
provisions on management board operation model and management of shared
portions of apartment buildings
1. Any apartment building established before the
effective date of this Regulation needs to re-organize operation model, change
number and composition of management board according to the Law on Housing and
this Regulation, or separate or merge management board should organize
apartment building meetings to elect management board as prescribed hereof.
2. If management board of an apartment building was
established before the effective date of this Regulation with regulations on
operation, receipts and expenditures inconsistent with this Regulation or
without any regulations at all as prescribed hereof, the management board
should establish the regulations, or make amendments and supplements to
previous regulations.
3. Any apartment building that has management board
established before the effective date of this Regulation and does not require
management board according to the Law on Housing and this Regulation, the
management board shall organize apartment building meeting to make decision on
operation of the management board.
4. Expenditures on maintenance of shared portions
of apartment buildings transferred before the effective date of this Regulation
shall be managed and used in conformity with the Law on Housing and this
Regulation. The investor and management board may be unanimous in the
establishment a deposit account for expenditures on maintenance of shared
portions of apartment buildings in conformity with provisions of this
Regulation but reports must be made in forthcoming meetings.
Article 46. Transitional
provisions on administration and operation of apartment buildings
1. For apartment buildings currently having
managing units that are not required as prescribed by the Law on Housing, an
apartment building meeting should be convened to give decisions on either
terminating or continue the service contract signed with the managing unit.
2. Any managing unit currently in operation and
found unqualified under this Regulation should submit an application with
supplements made to its conditions and capacity to the Ministry of Construction
as prescribed in Article 28 of this Regulation within one year since the
effective date of this Regulation; if the managing unit fails to make
supplements to conditions and capacity as prescribed in this Regulation after
this period, such managing unit shall be made ineligible for signing the
service contract except that such apartment building is owned by the state and
administered and operated in conformity with the provisions of the law on
management and use of state-owned houses.
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Chapter VI
IMPLEMENTATION
Article 47. Responsibility of
People’s committees of provinces and Services of Construction
1. People’s committees of provinces:
a) Direct execution of provisions set out in this
Regulation in administrative divisions; provide instructions on management and
use of apartment buildings based on local realities and this Regulation;
b) Organize propaganda and dissemination of
regulations on management and use of apartment buildings in administrative
divisions;
c) Promulgate service price frame as prescribed in
Clause 5, Article 106 of the Law on Housing;
d) Take coercive measures to recover expenditures
on maintenance of shared portions of apartment buildings according to the Law
on Housing and this Regulation;
dd) Direct local functional agencies to receive
construction works, infrastructural system from projects on investment and
construction of houses in conformity with the approved contents and written
approval on investment policies issued by competent agencies;
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g) Organize inspection, investigation and handling
of violations within competence or at the request of competent agencies; handle
committed acts in violation of regulations on management and use of apartment
buildings as prescribed;
h) Other rights and responsibilities according to
laws;
2. The Services of Construction shall be
responsible for assisting People’s committees of provinces in performing state
administration on management and use of apartment buildings in administrative
divisions; make reports to the Ministry of Construction on management and use of
apartment buildings in administrative divisions on a six-month, annual basis or
on request;
Article 48. Responsibility of
People’s committees of districts
1. Make reports to People’s committees of provinces
for decisions on assignment of responsibility for administrative management for
apartment buildings area and handle difficulties within competence;
2. Make decision on recognition of management board
as prescribed hereof;
3. Inspect management and use of apartment
buildings; handle within competence or make requests to competent agencies for
handling committed acts in violation of regulations on management and use of
apartment buildings in administrative divisions;
4. Exercise other responsibilities assigned by
People’s committees of provinces according to laws;
Article 49. Responsibility of
People’s committees of wards
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2. Monitor, inspect and handle difficulties arising
during the management and use of apartment buildings within competence or make
reports to People’s Committee of districts for consideration and handling;
3. Coordinate and create favorable conditions for
managing units to provide services in administrative divisions;
4. Organize and attend apartment building meeting
as prescribed hereof;
5. Exercise other obligations according to laws;
Article 50. Responsibility of
Agency for Management of Housing and Real Estate Market
1. Instruct and speed up execution of this
Regulation;
2. Inspect management and use of apartment
buildings across the country and make proposals to competent agencies for
handling committed acts in violation of laws on management and use of apartment
buildings;
3. Cooperate with relevant agencies in organizing
training, propaganda and dissemination of the provisions of the law on
management and use of apartment buildings across the country;
4. Compile reflections from relevant organizations
and individuals on difficulties arising, and make proposals for amendments and
supplements to this Regulation as appropriate;
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Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Construction for
instructions, amendments or supplements./.
ANNEX 01
MODEL TABLE OF
REGULATIONS ON MANAGEMENT AND USE OF APARTMENT BUILDINGS
(Enclosed with the Ministry of Construction’s Circular No. 02/2016/TT-BXD)
TABLE OF
REGULATIONS ON MANAGEMENT AND USE OF APARTMENT BUILDINGS
Article 1. Regulations applicable to owners,
occupants, temporary residents, guests
1. Owners shall comply strictly with the Regulation
on management and use of apartment buildings issued by the Ministry of
Construction and this Table of Regulations.
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3. Temporary occupants shall register temporary
residence at the reception desk (if any) or security guards and with police
authorities of relevant wards.
4. Occupants, temporary occupants shall be
responsible to the law for acts in violation of the Regulation on management
and use of apartment buildings and this Table of Regulations.
5. Regulations applicable to employees working in
the office, service and commercial areas shall be supplemented by the
investor, apartment building meeting to accord with each apartment building.
Article 2. Prohibited acts during use of
apartment buildings
1. Cause loss of security and order, talk filth and
use radio, TV or sound equipment which give high-decibel noise.
2. Make a mess, drop litter or waste and toxic
substances that cause environment pollution in apartment building area.
3. Throw objects out of windows or balcony of the
apartment building;
4. Raise and leave livestock and poultry unbridled
in the apartment building;
5. Burn votive papers, make a fire in the apartment
building except in locations as prescribed.
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7. Organize activities of gambling and prostitution
in the apartment building;
8. Trade in stuff that is highly explosive,
inflammable representing a hazard to lives and properties of occupants.
9. Conduct illegal trade, storage and use of drugs
in the apartment and other areas in the apartment building.
10. Transform uses and purposes of shared portions
and facilities of the apartment buildings on one’s own initiative.
11. Other acts according to relevant law provisions
on apartment buildings shall be supplemented via the apartment building
meeting to accord with each apartment building.
12. Other prohibited acts as prescribed;
Article 3. Regulations on use of shared portions
of apartment building
Owners, occupants and guests should comply with
following regulations:
1. Use elevators and other shared facilities in
accordance with their purposes, uses; Children under 12 should be accompanied
by parents or caretakers while using elevators or shared facilities.
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3. Do not appropriate or use shared areas for one’s
own purpose; do not leave privately-owned objects in shared areas;
4. Comply fully with regulations on stopping and
parking;
5. Use community activity house in accordance with
purposes and uses as prescribed in the Law on Housing;
6. Comply fully with regulations on fire safety in
apartment buildings;
7. Other regulations that shall be supplemented
via the apartment building meeting to accord with each apartment building.
Article 4. Regulations on repairs, replacement
or installation in apartments, other privately-owned areas
1. Owners or occupants may carry out repairs,
replacement or installation in the apartments or areas of their private
ownership but should not cause any damage to shared areas and affect other
owners.
2. Repairs, replacement or installation of
equipment should not change, deform shapes or damage structure of apartment
buildings.
3. Replacement and repairs of the equipment that
belongs to the shared portions closely connected with the apartment and other
privately-owned areas should conform with the Regulation on management and use
of apartment buildings issued by the Ministry of Construction but should not affect
other owners' areas. Upon detection of any damage, owners should make
notification to the Managing unit for repairs and replacement and create
favorable conditions for the construction units to carry out repair work.
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5. Movement of equipment, belongings or materials
within the apartment building should be notified to the Managing unit and must
be carried out from 8:00am to 6:00pm the same day to avoid possible effects on
activities of the apartment building.
6. Other regulations that shall be supplemented via
the apartment building meeting to accord with each apartment building.
Article 5. Regulations on handling of problems
to apartment building
1. Upon detection of any problem that can cause
danger to human lives and properties of the apartment building, owners should
make immediate notification to the Managing unit for handling.
2. In case of an emergency that requires evacuation
of people out of the apartment building, instructions given on loudspeakers or
escape signs or from security guards, competent units should be followed.
Article 6. Regulations on public disclosure of
apartment building-related information
1. The Managing unit should make public disclosure
of information concerning management and use of apartment buildings on the
bulletin or notice board or other communication means of the apartment
building.
2. Regulations on fire prevention and fighting
should be placed as prescribed; regulations on use of elevators should be
placed next to the elevators to ensure safe and convenient use.
Article 7. Rights and obligations of owners,
occupants of apartment building
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2. Owners of the apartment building shall pay
insurance on fire and explosion according to laws.
3. Strictly comply with the Table of Regulations
and the Regulation on management and use of apartment buildings issued by the
Ministry of Construction;
4. Make timely and adequate payment for expenses on
management and operation of the apartment building and other expenses according
to laws and agreement with the service providers;
Article 8. Handling of violations
1. Owners, occupants, temporary occupants and
guests who commit acts in violation of this Table of Regulations and the
Regulation on management and use of apartment buildings, depending on severity
of violations, shall be liable for penalties according to laws and pay
compensation for damages caused.
2. Owners, occupants shall comply strictly with
penalty decisions made by competent agencies.
_______________
Notes: Apart from regulations above, the investor,
apartment building meeting may make other supplements that accord with each
apartment building yet go against the laws and social ethics.
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MODEL CONTRACT FOR
MANAGEMENT AND OPERATION OF APARTMENT BUILDINGS (SERVICE CONTRACT) (Enclosed
with the Ministry of Construction’s Circular No. 02/2016/TT-BXD)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
SERVICE CONTRACT
Pursuant to the Civil Code No. 33/2005/QH11;
Pursuant to the Law on Housing No. 65/2014/QH13;
Pursuant to the Law on Construction No.
60/2014/QH13;
Pursuant to the Government’s Decree No.
99/2015/NDD-CP dated October 20, 2015 providing instructions on the
implementation of a number of articles of the Law on Housing;
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Pursuant to the demands of the two parties,
The two parties have agreed to sign the contract
as follows:
Party A: Apartment Building Management Board or
apartment building management representatives (hereinafter referred to as
‘Party A')
Business name:
Legally represented by:
Address:
Account
No.:
At:…………………..
Facsimile:
Party B: Apartment Building Managing Unit
(hereinafter referred to as ‘Party B')
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Legally represented by:
Address:
Phone number:
Account
No.:
At:…………………..
Tax code:
Facsimile:
Website (if any):
Today, on……, the two parties have agreed to sign
the service contract with terms and conditions as follows:
Article 1. Interpretation of terms
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1. “The Management Board, representatives for
management of apartment buildings” refer to the management board of apartment
building or representatives for management of apartment building…(1),
address…, known as Party A for short.
2. “Apartment Building Managing Unit” means…(2),
known as Party B for short.
3. “Days, months” means calendar days, months
unless otherwise as agreed by the two parties.
4. “Force majeure events” means the events as
prescribed in Article 14 of this contract.
5. “Works” mean the services performed by Party B
as prescribed in Article 3 of this contract.
6. “Customers/residents” mean owners of apartments,
owners of other areas in the apartment building, legal occupants.
7. “Property” means all equipment, facilities
closely associated with the apartment building.
Article 2. Characteristics of apartment building
Party B undertakes to perform services of
management and operation of the apartment building with following
characteristics:
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2. Type of apartment building(4):
3. Location of apartment building:
4. Scale of apartment building (Number of floors,
apartments):
5. The works that serve daily activities of owners,
occupants of the apartment building:
Article 3. Management and operation of apartment
building services
1. Party A agrees to hire Party B to carry out the
works of management and operation of apartment building at the address….as
follows(5):
a) Establish and implement plans for management and
operation of the apartment building:
b) Construct a management and operation apparatus
and provide personnel; carry out regular control of the management and
operation processes according to plans;
c) Establish and adjust the management and
operation processes, forms to suit characteristics of the apartment building
and apply them to actual management of the apartment building;
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dd) Actively make contact and cooperate with
service providers and assist residents in registering access to services of tap
water, TV, Internet, telephone...;
e) On behalf of Party A, release updates on prices
for services of management and operation of the apartment building (herein ‘the
services’) and collect expenses for management and operation of the apartment
building, service fees, fees for consumption of tap water paid by owners on a
monthly basis, make proposals to Party A for appropriate measures to ensure collection
of these expenses;
g) Monitor maintenance of electromechanical
equipment according to monthly, yearly plans by electromechanical maintenance
company and make reports to Part A;
h) Manage and operate technical system of the
apartment building; arrange technical staff’s work schedule at the apartment
building; monitor daily works by technical staff including items subject to
inspection as well as other repair work;
i) Carry out minor repair work for facilities of
the apartment building: replacement of lights, switches in shared areas; Party
B shall only cover expenses for repair personnel and simple materials (lights
for corridors, switches, fixtures…); Party A shall cover expenses for
replacement materials, equipment within the maintenance fund unless otherwise
as agreed by the two parties;
k) On behalf of Party A, work with relevant
agencies and cooperate with local authorities in implementing regulations of
the laws on public order, environmental hygiene and other movements;
l) Speed up and advise residents to comply with the
Regulation on management and use of apartment buildings; Provide advice and
support to residents in registering temporary and permanent residence in the
apartment building; be open to opinions and settle complaints from occupants
concerning management and use of the apartment building;
m) Organize regular fire training internally for
the Managing unit’s members, technical division, security staff, service and
sanitation division (possibly including residents); cooperate with Party A in
establishing regular plans for fire prevention and fighting as prescribed and
provide instructions to customers/occupants on actions to be taken in case of
emergency;
n) Select and contract qualified contractors to
supply such services as security, bike and automobile keeping, daily
sanitation, ornamental plant care and insect treatment…; provide advice to
Party A in selecting and contracting qualified contractors to provide other
maintenance and repair services (if any),…;
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p) Perform other works as agreed:…
2. Party B shall undertake management and operation
and provide as requested by Party A the services that meet requirements for
quality, safety, environmental hygiene, fire and explosion safety and
applicable regulations.
3. Party B shall carry out management and operation
in the form of provision of personnel in charge of management, engineering,
control and operation of activities of the apartment building and only perform
the works as authorized by Party A
4. In the event Party B is qualified to carry out
the maintenance of shared portions in the apartment building, Party A shall
give some consideration and make decision on signing a contract with Party B
for the job.
Article 4. Prices for management and operation
of apartment building services, payment terms
1. Prices for management and operation of apartment
building services (herein ‘service prices’) shall be determined as follows:
Subjects
Price level
(VND/m2/month)(6)
Service prices for an apartment
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Service prices for an office, service and
commercial area (if any)
Service prices for a privately-owned basement
floor area used for auto parking (basement floor area:….) (if any)
Party B shall be allowed to collect other receipts
from provision of value-added services in the apartment building (elevator
advertising, taxi parking areas for hire, other receipts,…); as agreed by
the two parties.
2. Content of service prices includes (7):
a) Expenses for electricity used for operation of
shared facilities of the apartment building; expenses for water used in public
areas, plant watering; expenses for diesel oil used for operation of backup
power generator; lights in corridor area, lights in escape stair; electricity
for use of elevators, tap water pumps and wastewater pumps;
b) Expenses for security, guarding services
(including supporting gear: walkie-talkie, flashlights,...);
c) Expenses for public sanitation services
(including chemicals, tools,…); green tree care, fertilizers and watering;
periodical insect treatment; expenses for collection and transport of domestic
waste on a monthly basis;
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dd) Expenses for chemicals used for sewer, septic
tank treatment; expenses for annual fire training;
e) Expenses for periodical inspection of tap water
sample; cleaning of underground water tank, tap water tank (if any);
g) Expenses for office equipment and furniture
(desks, computers, printers...) and technical instruments for the Managing
unit's office; expenses for uniforms of the Managing unit’s employees, pays,
remunerations, allowances, social insurance and social benefits for employees
performing the management and operation of this apartment building;
h) Other expenses as agreed by the parties;
3. Principles for determination of service prices:
a) Service prices as prescribed in Clause 1, this
Article shall be kept unchanged for 12 months since the effective date of this
contract;
b) In the event of changes of wage policy as
promulgated by the state or any adjustment made to energy prices (electricity,
water, oil) that affect unit price of personnel and energy cost, the two
parties shall set up a consultation for re-determination of service prices in
accordance with reality.
4. Payment terms for the management and operation
of apartment building services shall be stipulated as follows:
a) For apartments:
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b) For office, service and commercial areas or
other additional receipts:
Party B shall carry out collection of the expenses
(by multiplying the service prices as prescribed in Clause 1, this Article by
usable area of the area) Collection shall be carried out from...to... on a
monthly basis through payment in cash or by bank transfer.
Article 5. Rights and obligations of Party A(8)
1. Party A’s rights:
a) Request Party B to make timely reports on the
performance of the works as agreed in the contract or authorized:
b) Enjoy receipts from performance of the services
in the apartment building by Party B to be included in Part A’s funds serving
common interests of residents in the apartment building (herein ‘common
interest fund’).
c) Terminate the contract as prescribed in Article
11 of this contract;
d) Enforce financial penalties as prescribed in
Article 12 of this contract;
dd) Other rights as agreed by the parties;
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a) Make payments for repair, maintenance and
replacement for damaged equipment including expenses for materials and
personnel and other expenses within Party A's liability (except for the works
within Party B's responsibility as prescribed in Clause 2, Article 3 of this
contract); If the damage to equipment caused by Party B, Party B shall be
liable for all the repair costs;
b) Make payment to Party B for the works according
to the prices as agreed in Article 4 of this contract;
c) Provide records of the apartment building and
necessary information as prescribed to Party B for performance of the works;
d) Provide working offices (area, location…) and
parking lot for the Managing unit’s personnel, security and sanitation staff;
dd) Create favorable conditions and closely
cooperate with Party B during the implementation of the contract;
e) Remind owners and occupants of obligations
concerning management and operation of the apartment building under this
contract and law provisions;
g) Other obligations as agreed by the parties;
Article 6. Rights and obligations of Party B
1. Party B’s rights:
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b) Collect expenses for the works as prescribed in
Article 4 of this contract;
c) Carry out collection of money from residents for
paying remunerations to members of the management board or representatives of
owners (according to the prices as decided in the apartment building meeting),
collection of expenses for use of water, electricity (if any); deal with cases
of failure or delay in paying the expenses as agreed in this contract and under
the Regulation on management and use of apartment buildings;
d) Collect other receipts from provision of
value-added services in the apartment building (elevator advertising, taxi
parking areas for hire, other receipts,…);
dd) Temporarily suspend provision of services or
make requests to the electricity, water, energy providers of the apartment
building for temporary suspension of such services if owners, occupants have
failed to pay expenses for use of the services after second notice;
e) Show logo/brand on Party B’s documents during
the performance of the works and display Party B’s signboard at the apartment
building after being approved by Party A on location, size and form;
dd) Other rights as agreed by the parties;
2. Party B’s obligations:
a) Carry out the works and ensure quality as
prescribed in Article 3 of this contract including authorized works (if any)
and make reports to Party A;
b) Inspect and monitor activities of Party B’s
staff in the performance of the works and liable for paying compensation for
damage caused by Party B to Party A or a third party;
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d) Ensure that management and operation of
technical system of the apartment building conforms with the manufacturer’s
recommendations and instructions or designs;
dd) On 15th day of month at the latest,
make a report to Party A on the operation of the apartment building in the
preceding month;
e) Pay compensation for any damage caused by Party
B’s breach of the contract and take responsibility to Party A and to the law
for its staff’s performance;
g) Manage, store and make effective and purposeful
use of documents, equipment and property provided by Party A and return to
Party A in good conditions after all obligations under the contract are
fulfilled (except for natural wear);
h) Be entitled to exploit services in the apartment
building to increase receipts and share such receipts with Party A as agreed in
Article 15 of the contract to set up the common interest fund;
i) Fulfill business obligations according to laws
such as business registration, practice registration and tax liabilities;
k) Hand over to the management board records of the
apartment building as prescribed in Article 5 hereof upon completion of this
contract;
l) Other obligations as agreed by the parties;
Article 7. Arrangement of managing personnel
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2. If Party B’s staff (including head of the
Managing unit) fail to complete the duties as agreed in the contract, Party B
shall carry out inspection and appoint replacements and make the report to
Party A.
3. Work time of the Managing unit:
a) Office of the Managing unit: (morning:…..,
afternoon:…..);
b) Reception: by shift work (including specific
shifts as follows:…);
c) Technical division: on duty around the clock
(working 7 days a week including holidays and Tet)
Article 8. Payment for expenses within Party A’s
liability
1. Before December 31 of the preceding year, Party
B shall deliver to Party A the expenditure plan for management and operation of
the apartment building including receipts from management and operation
services for apartments, functional areas (office, service and commercial
areas) and other accompanying services (if any); expenses for the management
and operation of the apartment building, expenses within Party B’ and Party A’s
liability.
2. Party A shall make payment to the contractor for
repairs and maintenance of damage caused to the facilities…and similar expenses
within Party A’s liability.
Article 9. Coordination between Party A and
Party B
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a) On behalf of representatives of owners and
occupants, sign the contract with Party B for performance of the works as
prescribed in Article 3 of this contract;
b) Administer the fund for maintenance of shared
portions of the apartment building according to laws; administer the common
interest fund (if any) to make payment for maintenance purposes or other public
purposes;
c) Work with functional organizations, agencies on
behalf of residents or as prescribed by laws;
d) Consider and approve the plan for management and
operation of the apartment building and issues concerning responsibility and
authority of Party A; sign a contract for repair, maintenance and replacement
of ornamental plants (outside Party B's scope of work)…(if any) dd) Make
payments for materials, facilities, maintenance and renovation of the apartment
building outside Party B’s scope of payment;
e) Appoint its representatives to cooperate with
Party B in the management and operation of the apartment building
according to management process to meet requirements for service quality;
2. Party B’s responsibility:
a) Organize management of all activities within
scope of management and operation of the apartment building under this
contract;
b) Provide personnel to carry out technical
operation, management and care of customers, control activities of the
apartment building;
c) Manage and monitor customer services,
environmental hygiene services, security guarding services, fire safety, bike
and auto keeping, insect treatment and ornamental plant care for the apartment
building,… Party B shall manage and control professional competence and bill of
quantity of these contractors according to established standards and management
processes and make regular reports to Party A;
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1. Duration of this contract is…..months, since……
2. At least 30 days prior to expiration date of the
contract, Party B shall deliver a written proposal to Party A for an extension
of the contract; in the event Party A has no opinion in writing, the contract
shall be automatically extended for a period equal to that of the contract as
prescribed in Clause 1, this Article.
Article 11. Termination and unilateral
termination of the contract ahead of time
1. The contract shall be terminated in following
cases:
a) The contract expires and the parties do not wish
extension;
b) Both parties agree to terminate the contract
ahead of time;
c) Either of the parties goes bankrupt or dissolved
or ceases operation according to laws;
d) Due to a force majeure event that cannot be
coped with for a period of …..straight months;
2. Party A may unilaterally terminate the contract
when Party B commits following acts:
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b) Increase service prices otherwise than in
accordance with provisions stated in Article 4 of this contract or change terms
and conditions of the contract without approval of Party a;
c) Transfer this contract or assign the management
and operation of the apartment building to other contractor without Party A’s
approval;
d) Fail to remedy acts in violation of the
obligations under this contract for ….days since receipt of written notice from
Party A;
dd) Go bankrupt or dissolved or cease operation
according to laws;
e) Other cases as agreed by the parties;
Party A shall not be allowed to unilaterally
terminate the contract except for cases as prescribed in this Clause.
Otherwise, Party A shall pay compensations as prescribed in Clause 2, Article
12 of this contract.
3. Party B may unilaterally terminate the contract
when Party A commits one of following acts:
a) Fail to make payment for due amounts to Party B
under this contract within ….days since receipt of written notice from Party B;
b) Fail to provide records of the apartment
building and necessary information as prescribed to Party B for performance of
the works;
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Party B shall not be allowed to unilaterally
terminate the contract except for cases as prescribed in this Clause.
Otherwise, Party B shall pay compensations as prescribed in Clause 2, Article
12 of this contract.
4. Handover upon contract termination:
a) Within…days since receipt of notice about
contract termination, the two parties shall set up consultations for
determination of balance-sheet of the contract. Within …days since Party B
fulfills obligations concerning making reports, handing over figures and
property and a contract settlement minute is signed by the two parties, Party A
should make payment to Party B for the remaining amounts according to the
settlement minutes;
b) Within…days since the contract expires, Party B
shall hand over to Party A all properties in original conditions, accounting
records and public debt figures (in electronic files and hard copy), records of
the apartment building, information concerning customers/residents...and other
materials, properties (if any) under Party A’s ownership;
c) Other agreements;
Article 12. Breach of contract and compensation
1. Party B shall compensate Party A for all the
expenses for actual remedial work and expenses relating to damage leading to loss
of property in one of following cases:
a) Such damage caused by Party B;
b) Party B shows a lack of responsibility or
commits acts in breach of the contract;
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Article 13. Responsibility after contract termination
1. Party A shall be not allowed to use forms and
management processes established by Party B unless otherwise as agreed in
writing by Party B.
2. Party B shall not be allowed to use information
concerning customers/residents to serve its business purposes.
3. Party B Within…days since the contract expires,
Party B shall hand over to Party A all properties in original conditions,
accounting records and public debt figures (in electronic files or hard copy),
documents of the apartment building, information about
customers/residents...and other materials, property (if any) under Party A’s
ownership; If such provisions are breached, Party B shall pay an amount of…as
compensation for damage caused to Party A…
4. Other agreements…
Article 4. Force majeure events
1. One of following cases shall constitute a force
majeure event:
a) War or natural disaster or change of policies,
laws of the State of Vietnam;
b) Implementation of decisions by competent state
agencies or other cases as prescribed by laws;
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d) Other cases as agreed by the parties;
2. Notifications of force majeure events:
a) Upon occurrence of one of the force majeure
events as prescribed in Clause 1, this Article, the Party that is affected by
the event should make a written notification to the other party within ....
days since the event occurs (any paper proving the event must be accompanied if
available);
b) The affected Party’s failure to fulfill its obligations
shall not constitute a breach of the contract and shall not serve as foundation
for termination of this contract;
c) If no longer being affected by such a event, the
affected party should make a written notice to the other Party;
d) The parties shall continue to perform their
obligations when the event no longer exists;
dd) If a force majeure event has occurred and
cannot be coped with for …straight months, the contract shall automatically
expire unless otherwise as agreed.
3. Responsibility of each Party in case of a force
majeure event:
Performance of obligations under the contract by
the parties shall be temporarily suspended during the occurrence of a force
majeure event. Each shall continue to perform its own obligations after the
event ends except for cases as prescribed in Point dd, Clause 2, this Article.
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1. Party A’s rights and responsibility:
a) Within this contract, Party A shall authorize
Party B to seek and exploit services under ownership of the apartment building
such as collection of fees from advertisements, signboards, vacant plots and
other services This operation should ensure no effect on Party B’s works,
landscape beauty and public order at the apartment building.
b) Receive …% of the amount of money in addition to
existing receipts collected from operation of services for Party A to set up
the common interest fund;
2. Party B’s rights and responsibility:
a) As authorized by Party A, Party B shall seek
partners and manage exploitation and installation of advertisements, signboards
and other services in order to increase receipts for the apartment building.
Party B shall receive …% of the additional amount of money versus receipts from
exploitation and management of such services;
b) Participate in bidding for operation of services
of the apartment building (if any) as appointed or invited by Party A;
3. Residual funds:
Through method of financial autonomy, the two
parties shall agree that residual funds (if any) during the effective period of
this contract shall belong to Party B. Party B shall agree to set aside a
percentage of this fund for Party A to include in the common interest fund.
Article 16. Other agreements…
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Article 17. Contract appendices
Following documents shall constitute an integrated
part of this contract:
1. Plans for management and operation of the
apartment building:
2. Records of apartment building;
3. Other appendices signed between the two parties
(if any)
Article 18. Disputes and dispute settlement
1. Any dispute arising out of this contract shall
be settled by the parties.
2. In case a dispute on expenditures for management
and operation of the apartment building that cannot be settled, within …days
since the dispute arises, both parties are entitled to submit a written request
to People’s committees of provinces where the apartment building is situated
for considerations and handling or bring the case to the People’s Court if the
decision given by the People’s committee is not agreed.
3. In case of any dispute on the implementation of
the service contract, the parties are entitled to make requests to the People's
Court for settlement according to laws. Any decision given by the People's
Court shall be final and binding on both parties.
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1. This contract takes effect since……
2. Settlement of the contract shall be carried out
via a settlement minute signed by both parties.
3. Both parties shall undertake to perform all the
terms and conditions of this contract;
4. The contract is made into…copies of equal legal
validity. Each party holds one copy.
5. In case both parties agree to modify terms and
conditions of the contract, an appendix thereto or a supplementary contract
should be made./.
PARTY A
(Signature,
full name and legal stamp (if any))
PARTY A
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_______________
1 Name of the apartment building;
2 Name of the Managing unit according to
business registration or Establishment Decision;
3 Name of the apartment complex;
4 Specify the apartment building is
intended for residence only or for both residence and service business;
5 Subject to agreement between Party A
and Party B, both parties may add, cut or change the works performed by Party B
as prescribed in Clause 1 of Article 3.
6 The area (m2) used for
calculation of prices is usable area (according to carpet area).
7 Costs of the service prices as
prescribed in Clause 2, Article 4 may be modified, adjusted or supplemented
according to agreement by both parties.
8 Apart from rights and obligations as
stated in Article 5 and Article 6, both parties may make other supplements to
meet work requirements.
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9 Both parties shall carry out further
negotiation on the information specified in Article 10.
11 Both parties may carry out
negotiations on making supplements to unilateral termination of contract as
specified in Clause 2 and Clause 3, Article 11.
12 Both parties may make further
negotiations on the information specified in Clause 1, Article 12.
13 Any space left blank under this
contract shall be filled up on the basis of agreement between by both parties.