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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
31/2016/TT-BXD
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Hanoi,
December 30, 2016
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CIRCULAR
ON CLASSIFICATION AND RECOGNITION OF APARTMENT BUILDINGS
Pursuant to the Government's
Decree No. 62/2013/ND-CP dated June 25, 2013 on functions, tasks, powers, and
organizational structure of the Ministry of Construction;
Pursuant to the Law on Housing
dated November 25, 2014;
At the request of Director of
Department of Housing and Real Estate Management,
The Minister of Construction
shall promulgate a Circular on classifying apartment buildings and recognizing classes
thereof.
Chapter
I
GENERAL
PROVISIONS
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This Circular deals with
classification, criteria for classification, applications for recognition,
power and procedures for recognition of apartment building classes (including
those for residential and mixed purposes).
This Circular shall not apply
to apartment buildings built before 1994.
Article
2. Regulated entities
1. Investors of apartment
building projects; management boards of apartment buildings; owner-occupiers
and occupiers in apartments.
2. Regulatory agencies relating
to the classifying apartment buildings and recognizing classes thereof (hereinafter
referred to as classification and recognition).
3. Other relevant organizations
and individuals.
Article
3. Purposes and requirements for classification and recognition
1. Apartment buildings shall be
put into multiple classes so as to be valued for the purpose of management or
dealing on the market.
2. Each apartment building shall
be classified and recognized individually in accordance with the following
requirements:
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b) The apartment building is
built in accordance with the detailed planning approved by competent
authorities; in accordance with construction permit that has been issued (if
required by law on construction);
c) The apartment building is
built in accordance with national technical regulation on apartment buildings
and other relevant national technical regulations;
d) The construction of
apartment building has been completed in accordance with law on housing,
construction and relevant law provisions, has been put into operation and
absent from any violation against regulations of law until the date on which
the application for recognition is submitted;
dd) The apartment building is neither
supposed to be demolished nor located in an area that is required to be
expropriated under a competent authority’s decision.
Chapter
II
CLASSIFICATION
AND RECOGNITION
Article
4. Applicants for recognition
1. In case of a multi-occupier
apartment building in which a management board is required to be formed as prescribed
in the Law on Housing, the following entity shall be considered as an applicant
for recognition:
a) In case of absence of a
management board, the investor is the applicant;
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2. In case of a multi-occupier
apartment building in which a management board is not required to be formed as
prescribed in the Law on Housing, a written consent of more than 50% of total
occupiers to apply for recognition shall be required.
3. In case of a single-occupier
apartment building (regardless of presence of the management board), the
occupier is the applicant.
Article
5. Criteria for classification
The classification shall be
carried out according to 4 groups of criteria below:
1. Planning and architecture.
2. System and technical
equipment.
3. Services and infrastructure.
4. Quality, management,
operation.
Article
6. Classification
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1. Class A: those
that meet all requirements prescribed in Clause 2 Article 3 hereof and meet at
least 18 in total 20 criteria specified in Appendix 01 issued herewith.
2. Class B: those
that meet all requirements prescribed in Clause 2 Article 3 hereof and meet at
least 18 in total 20 criteria specified in Appendix 02 issued herewith.
3. Class C: those
that meet all requirements prescribed in Clause 2 Article 3 hereof but fail to
meet sufficient criteria to be put into class A or class B as prescribed in
Clause 1 and Clause 2 of this Article.
Article
7. Applications for recognition
1. An application form for
recognition using the form prescribed in Appendix 03 issued herewith.
2. A certified true copy of
apartment building construction permit (if required by law on construction);
3. A certified true copy of a
decision on detail planning approval on 1:500 scale or an acceptance of site
plan of the apartment building (if a detail planning on 1:500 scale is not
required) enclosed with a site plan of the apartment building that has been
approved by a competent authority.
4. A certified true copy of a
written assessment issued by a competent authority enclosed with a basic design
drawing in accordance with law on construction.
5. A certified true copy of findings
about inspection of taking-over of the apartment building issued by a
construction authority.
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Article
8. The power to recognize classes and procedures for recognizing classes
1. The Service of Construction of
province or central-affiliated city where apartment buildings are located
(hereinafter referred to as Service of Construction) shall recognize classes of
these apartment buildings within the province as prescribed in this Circular.
2. Procedures for recognizing class
of an apartment building:
a) An application for recognition
shall be submitted as prescribed in Article 7 of this Circular to Service of
Construction.
Service
of Construction shall receive and verify the application; in case of insufficiency,
Service of Construction shall, within 3 working days from the date of receipt,
give a notice of providing lacking documents;
b) Within 15 days, from the
date on which sufficient application is received as prescribed in Article 7 of
this Circular, the Service of Construction shall verify the application and
undertake a visit to the apartment building;
c) If the apartment building
meets requirements prescribed in Article 3 and criteria prescribed in Article 6
hereof, the Service of Construction shall promulgate a decision on recognition
using the form in Appendix 05 issued herewith.
If the apartment building does
not meet requirements and criteria as prescribed, the Service of Construction
shall provide the applicant with explanation in writing;
d) Within 3 working days from
the date on which the decision on recognition is promulgated, the Service of
Construction shall post the decision on its website and send the decision to
the applicant for the purpose of disclosing that to owner-occupiers and
occupiers of the apartment building.
3. The decision on recognition
prescribed in this Circular remains valid in 5 years. When
it expires, the Service of Construction shall delete information and the
decision that has been posted on its website and give notices of such
expiration to the owners, the management board, and the investors (if any).
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5. Service of Construction shall
cooperate with Services of Finance in requesting the People’s Committee of
province to provide for a budget for verification of applications and
recognition of classes in accordance with reality of the province.
Each applicant for recognition
shall pay a fee as prescribed in this Clause.
Article
9. Recognition of modification and re-recognition
1. The recognition of modification
or re-recognition shall be carried out at the request of applicants prescribed
in Article 4 of this Circular.
2. If an applicant prescribed in
Article 4 hereof wishes to modify the class of an apartment building, in case
the decision on recognition still remains valid as prescribed, it shall submit
an application prescribed in Clause 3 of this Article to Service of
Construction for verification and recognition of modification. Procedures
for recognition of amendment shall be consistent with Clause 2 Article 8 of
this Circular.
When a modified decision on
recognition is given, Service of Construction shall revoke the unexpired
original decision on recognition for archives and post relevant information and
the modified decision on its website.
3. An application for
modification includes:
a) An application form for
modification using the form prescribed in Appendix 03 issued herewith;
b) A self-declaration and
self-recognition using the form prescribed in Appendix 04 issued herewith.
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4. If an applicant prescribed in
Article 4 hereof wishes to have the apartment building class recognized, in
case the decision on recognition is expired as prescribed, it shall submit an
application prescribed in Clause 7 of this Article to Service of Construction
for verification and re-recognition. Procedures for re-recognition
shall be consistent with Clause 2 Article 8 of this Circular.
5. Each applicant for
re-recognition or modification prescribed in Clause 2 and Clause 3 of this
Article shall pay a fee for verification prescribed in Clause 5 Article 8 of
this Circular.
Chapter
III
INSPECTION
AND ACTIONS AGAINST VIOLATIONS
Article
10. Inspection of classification and recognition
1. Department of housing and real
estate market management shall carry out inspections and take charge and cooperate
with agencies affiliated to the Ministry of Construction and relevant agencies
in carrying out regular and irregular inspection of classification and
recognition nationwide.
2. Services of Construction of
provinces shall carry out inspections or take charge and cooperate with
relevant agencies of the provinces in carrying out regular and irregular
inspection of classification and recognition within the provinces.
Article
11. Violations
1. Recognition, re-recognition,
or recognition of modification of an apartment building that does not meet
requirements or criteria prescribed in this Circular.
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3. Falsifying recognized
information or advertising or making public the class of the apartment building
while the competent authority has not recognized it as prescribed in this
Circular.
Article
12. Actions against violations
1. In case of any violation
prescribed in Clause 1, Clause 2 Article 11 of this Circular, Service of
Construction shall annul the decision on recognition and announcement; delete
relevant information and the decision on recognition posted on its website and
give notices of such annulment to the owners and the investors (if any).
2. An entity committing a
violation prescribed in Article 11 of this Circular shall, depending on its
nature, be liable for administrative penalty or criminal prosecution as
prescribed by law; in case of any damage, indemnification is required as
prescribed.
Chapter
IV
IMPLEMENTATION
Article
13. Responsibilities of People's Committees of provinces and Services of
Construction
1. Each People's Committee of
province shall:
a) Direct Service of
Construction to carry out recognition, re-recognition, or modification in the
province as prescribed in this Circular;
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2. Service of Construction shall:
a) Provide guidelines or carry
out recognition, re-recognition, and recognition of modification as prescribed
in this Circular;
b) Send biannual reports on
classification and recognition in the province to the Ministry of Construction
and send irregular reports upon request of the Ministry of Construction;
c) Carry out other duties as
prescribed in this Circular and under direction of the People's Committee of
province.
Article
14. Responsibilities of Department of housing and real estate market management
1. Provide guidelines and expedite
the implementation of this Circular.
2. Take charge and cooperate with
Services of Construction of provinces in carrying out regular and irregular
inspection of classification and recognition nationwide.
3. Send consolidated reports on
classification and recognition to the Minister of Construction nationwide;
study and request the Minister of Construction to amend this Circular in
accordance with reality.
Article
15. Entry in force
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2. Circular No. 14/2008/TT-BXD
dated June 2, 2008 of the Minister of Construction on guidelines for
classification of apartment buildings shall be annulled from the effective date
of this Circular.
3. Difficulties that arise during
the implementation of this Circular should be reported to the Ministry of
Construction for appropriate guidelines or amendments./.
PP.
MINISTER
DEPUTY MINISTER
Do Duc Duy
APPENDIX
01
CRITERIA FOR CLASS A APARTMENT BUILDING
(Issued together with Circular No. 31/2016/TT-BXD dated December 30, 2016 of
the Minister of Construction)
I. Planning - Architecture
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Availability of convenient
transportation system less than 0.5 km from main streets (urban and regional
level); accessibility to urban public transport means (stations, stops, bus
stops, metro and overhead trains) within a distance of less than 0.5 km.
Building coverage ratio (the
ratio of building coverage on a lot to the total lot area) not exceeding 45%.
3. Lounge/lobby
A main lounge/lobby which is
independent from entrance of parking area, service and commercial area, and
other public areas; availability of reception desks, rooms or areas furnished
with reception seating furniture.
4. Corridor
At least 1.8m of corridor’s
width.
5. Area
Average ratio of carpet area
to number of bedrooms is at least 35 m2 according to the following
formula:
≥ 35 (where TDtCh is
total carpet area of apartments, TsPn is total number of bedrooms of
apartments).
6. Rest rooms
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7. Elevator
Each elevator will serve up
to 40 apartments (ratio of total number of apartments to total number of
elevators to be served ≤40).
8. Parking lot
Availability of at least 1 space
for a car of each apartment (with canopy).
II. System,
technical equipment
9. Power system
Availability of standby
electric generator(s) with adequate capacity and power system provided for
normal course of apartments and operation of common light equipment in the
apartment building in case electricity generated from national grid or another
power supply is cut off.
10. Water supply
Ratio of capacity of tap
water tank for apartments to total number of apartments is at least 1,600
(each person may be supplied with 200 liters in 2 days).
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Availability of cable
television, telephone, and high-speed Internet services provided for each
apartment.
12. Fire safety
Availability of automatic
firefighting system and equipment at the public and in each apartment.
III. Services,
infrastructure
13. Trade
Availability of shopping
malls or supermarkets within a radius of 1km.
14. Sports
Availability of at least two
of the following sport amenities: gym center, pool, tennis
court, other kinds of sport fields, etc. that are dedicated, located in the
building, or in the master planning, or within a radius of 200m.
15. Ground
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16. Health
Availability of hospitals or
clinics within a radius of 0.5 km.
17. Education
Availability of
kindergartens and primary schools within a radius of 0.5 km.
IV. Quality, management,
operation
18. Quality
Elevators, public lights,
pumps, electric generators, fire alarms, firefighting equipment and other
equipment (if any) namely air conditioners, gas supply, hot water supply are
still under warranty provided by manufacturers or respective suppliers; in
the case of expiration of the warranty period, it shall not exceed 10 years
from the expiration of the warranty period and the equipment must be
inspected for quality and good operation; the finished works (tiling, paving,
plaster, painting, etc. ) attain high quality.
19. Management and operation
Availability of professional
management and operation unit(s); frequency of sweeping, cleaning, vacuuming
public areas, taking care of trees, yards, gardens, internal roads to ensure
clean environment.
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Availability of surveillance
cameras in parking lots, lounges/lobbies, corridors, stairs; access control
system (using magnetic cards, fingerprints, electronic codes, etc.).
APPENDIX
02
CRITERIA FOR CLASS B APARTMENT BUILDING
(Issued together with Circular No. 31/2016/TT-BXD dated December 30, 2016 of
the Minister of Construction)
I. Planning - Architecture
1. Location:
Availability of convenient
transportation system less than 0.5 km from the main street (urban and
regional level); accessibility to urban public transport means (stations,
stops, bus stops, metro and overhead trains) within a distance of less than 1
km.
2. Building coverage ratio
Building coverage ratio (the
ratio of building coverage on a lot to the total lot area) not exceeding 55%.
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Main lounge/lobby which is
independent from the entrance of parking lots, service and commercial areas,
and other public areas.
4. Corridor
At least 1.5m of corridor’s
width.
5. Area
Average ratio of carpet area
to number of bedrooms is at least 30 m2 according to the following
formula:
≥ 30 (where TDtCh is
total carpet area of apartments, TsPn is total number of bedrooms of
apartments).
6. Rest rooms
Average ratio of total
number of rest rooms to total number of bed rooms ≥0,5 according to the
following formula:
≥ 0.5 (where TsPwc is
total number of rest rooms of apartments, TsPn is total number of bedrooms of
apartments).
7. Elevator
Each elevator will serve up
to 50 apartments (ratio of total number of apartments to total number of
elevators to be served ≤50).
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Availability of at least 1 parking
space for cars of two apartments (with canopy).
II. System,
technical equipment
9. Power system
Availability of standby
electric generator(s) with adequate capacity and electricity system provided
for normal operation of common light equipment in each apartment building in
case electricity generated from national grid or another power supply is cut
off.
10. Water supply
Ratio of capacity of tap
water tank for apartments to total number of apartments is at least 1,200
liters (each person may be supplied with 150 liters in 2 days).
11. Communication
Availability of cable
television, telephone, and high-speed Internet services provided for each
apartment.
12. Fire safety
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III. Services,
infrastructure
13. Trade
Availability of shopping
malls or supermarkets within a radius of 1.5km.
14. Sports
Availability of at least one
of the following sport amenities: gym center, pool, tennis
court, other kinds of sport fields, etc. that are dedicated, located in the
building, or in the master planning, or within a radius of 500m.
15. Ground
Availability of ground for
children and inhabitants only or in the master planning, or within a radius
of 500m.
16. Health
Availability of hospitals or
clinics within a radius of 1 km.
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Availability of
kindergartens and primary schools within a radius of 1 km.
IV. Quality,
management, operation
18. Quality
Elevators, public lights,
pumps, electric generators, fire alarms, firefighting equipment and other
equipment (if any) namely air conditioners, gas supply, hot water supply are
still under warranty provided by manufacturers or respective suppliers; in
the case of expiration of the warranty period, it shall not exceed 10 years
from the expiration of the warranty period and the equipment must be
inspected for quality and good operation.
19. Management and operation
Availability of professional
management and operation units.
20. Security
Availability of surveillance
cameras in parking lots, lounges/lobbies, corridors and stairs.
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