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MINISTRY OF
CONSTRUCTION
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 05/VBHN-BXD
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Hanoi, September
07, 2021
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CIRCULAR
PROMULGATING
REGULATION ON MANAGEMENT AND USE OF APARTMENT BUILDINGS
The Circular No. 02/2016/TT-BXD dated February 15,
2016 of the Minister of Construction promulgating Regulation on management and
use of apartment buildings, which has been effective since April 02, 2016, is
amended by:
1. The Circular No. 22/2016/TT-BXD dated July 01,
2016 of the Minister of Construction on full or partial annulment of
legislative documents on business and investment conditions promulgated by the
Ministry of Construction or jointly promulgated by Ministries, which has been
effective since July 01, 2016;
2. The Circular No. 28/2016/TT-BXD dated February
15, 2016 of the Minister of Construction on amendments to the Circular No.
10/2015/TT-BXD dated December 30, 2015 by Ministry of Construction providing
regulations on professional training courses in management of apartment
buildings, the Circular No. 11/2015/TT-BXD dated December 30, 2015 by Ministry
of Construction providing regulations on issuance of real estate broker
license, guidelines for training and improving knowledge of real estate brokerage
practice and management of the real estate trading floor, and establishment and
organization of activities of the real estate trading floor, and a number of
provisions of the Regulation on management and use of apartment buildings
promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by
Ministry of Construction, which has been effective since February 01, 2017;
3. The Circular No. 06/2019/TT-BXD dated October
31, 2019 of the Minister of Construction on amendments to some Articles of
Circulars relating to management and use of apartment buildings, which has been
effective since January 01, 2020;
4. The Circular No. 07/2021/TT-BXD dated June 30,
2021 of the Minister of Construction amending some Articles of Circular No.
19/2016/TT-BXD dated June 30, 2016 and Circular No. 02/2016/TT-BXD dated
February 15, 2016 of the Minister of Construction, which has been effective
since August 15, 2021.
Pursuant to the Law on Housing No. 65/2014/QH13;
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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 the Director General of
Management Agency for Housing and Real-estate Market. The Minister of Construction hereby promulgates
a Circular on Regulation on management and use of apartment buildings1.
Article 1. Promulgated together with this Circular is the Regulation on
management and use of apartment buildings.
Article 22. This Circular comes into force from April 02, 2016. The following
documents shall cease to have effect from the effective date of this Circular:
a) The Circular No. 08/2008/QD-BXD dated May 28,
2008 of the Minister of Construction promulgating Regulation on management and
use of apartment buildings;
b) The Circular No. 05/2014/TT-BXD dated May 09,
2014 of the Minister of Construction on amendments to Point a Clause 2 Article
17 of the Regulation on management and use of apartment buildings promulgated
together with the Decision No. 08/2008/QD-BXD dated May 28, 2008 of the
Minister of Construction.
If regulations on management and use of apartment
buildings which were promulgated by the Ministry of Construction, other
Ministries and People’s Committees of provinces and central-affiliated cities
before the effective date of this Circular are contrary to those specified in
the Regulation on management and use of apartment buildings enclosed with this
Circular, the latter shall prevail.
Article 3. Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairmen/Chairwomen of provincial People’s Committees,
and relevant organizations and individuals are responsible for the
implementation of this Circular./.
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CERTIFIED BY
PP. THE
MINISTER
THE DEPUTY MINISTER
Nguyen Van Sinh
REGULATION
ON
MANAGEMENT AND USE OF APARTMENT BUILDINGS
(Enclosed with the Circular No. 02/2016/TT-BXD dated February 15, 2016 of
the Minister of Construction)
Chapter I
GENERAL PROVISIONS
Article 1. Scope
13.
This Regulation applies to residential apartment buildings and mixed-use
apartment buildings (including apartments intended for residential purpose,
tourist accommodation establishments, services buildings, commercial buildings,
office buildings and other buildings) according to the Law on Housing No.
65/2014/QH13 (hereinafter referred to as “the Law on Housing”), including:
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b) Social apartment buildings, except for the
apartment buildings prescribed in Clause 2 of this Article;
c) Relocation apartment buildings;
d) State-owned old apartment buildings, which have
been renovated or re-constructed;
dd) Apartment buildings used as official
residences.
2. The application of this Regulation to
state-owned old apartment buildings that have not yet been renovated or
re-constructed is encouraged. Social apartment buildings exclusively used for
students and workers to collectively reside in a single apartment shall not be
subject to this Regulation.
Article 2. Regulated entities
1. Investors in apartment building construction
projects; apartment building owners and occupants; apartment building
management board; units managing and operating the apartment building
(hereinafter referred to as “the apartment building operator”).
2. Regulatory bodies involved in management and use
of apartment buildings.
3. Other organizations and individuals involved in
management and use of apartment buildings.
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For the purposes of this Regulation, the terms below
shall be construed as follows:
1. “apartment building” refers to a
residential house prescribed in Clause 3 Article 3 of the Law on Housing.
24.
“apartment building block” refers to an independent block of apartments or several
blocks of apartments sharing the same podium or civil engineering system built
according to the planning and project dossier approved by competent
authorities.
35.
“apartment building complex” includes at least 02 apartment buildings
constructed according to the planning and project dossier approved by competent
authorities.
4. “residential apartment building” refers
to an apartment building designed and constructed for residential purpose only.
5. “mixed-use apartment building” refers to
an apartment building designed and constructed for residential purpose and
other purposes such as offices, services or commerce.
6. “investor in an apartment building
construction project” refers to a capital owner or an organization or
individual tasked with managing and using capital for the execution of a
project on investment in construction of residential housing including
apartment buildings, according to the Law on Housing and relevant regulations
of law (hereinafter referred to as “the investor”).
7. “apartment building owners” mean the
apartment owners and owners of other areas other than apartments in the
apartment building.
8. “apartment building occupant” refers to
the owner who is directly using an apartment building or organization,
household or individual that are legally using an apartment or other areas
within the apartment building by way of leasing, borrowing, staying in a
friend's or relative's house or being authorized to for management or use under
the decision of a competent authority.
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10. “single-owner apartment building” refers
to an apartment building entirely owned by one single owner regardless of
shared and privately owned parts.
11. “multi-owner apartment building” refers
to an apartment building owned by at least two owners in which there are
privately owned parts of each owner and parts under shared ownership or for
shared use by the owners.
12. “shared parts in the apartment building
block” refer to the areas, equipment and technical infrastructure
prescribed in Clause 2 Article 100 of the Law on Housing which are under shared
ownership or for shared use by the owners of such apartment building block.
13. “shared parts in the apartment section” refer
to the areas and equipment prescribed in Point b Clause 2 Article 100 of the
Law on Housing which are only under shared ownership or for shared use by the
owners of such apartment section.
14. “shared parts in the office, services and
commercial section” refer to the areas and equipment prescribed in Point b
Clause 2 Article 100 of the Law on Housing which are only under shared
ownership or for shared use by the owners of such section.
15. “shared parts in the apartment building
complex” refer to the areas, facilities, equipment and technical
infrastructural facilities under shared ownership or for shared use by the
owners of the apartment building complex, including water tanks, generators,
septic tanks, water pumps, public gardens (if any) and other facilities and
works which are constructed and installed according to the approved design for
shared use by several blocks merged into the apartment building complex.
Article 4. Principles of
management and use of apartment buildings
1. Apartment buildings must be used for its
intended purposes, according to the approved design and content of the project.
2. 6
Apartment buildings shall be managed and used on the basis of commitment and
agreement between parties in accordance with the law on housing, relevant
regulations of law and social ethics.
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4. Apartment building owners and occupants must pay
fees for maintenance, fees for management and operation and fees for operation
of the apartment building management board and other fees and charges during
use of the apartment building according to this Regulation and relevant
regulations of law; must comply with the internal rules for management and use
of the apartment building, regulations of law on housing, this Regulation and
relevant regulations during management and use of the apartment building.
5. The apartment building management board shall,
on behalf of the owners and current occupants, exercise the rights and
responsibilities in relation to management and use of the apartment building in
accordance with regulations of law on housing and this Regulation; in the case
where an apartment building does not require the establishment of a management
board under the Law on Housing, the owners and current occupants shall agree
upon a plan for management of the apartment building.
6. Disputes and complaints in relation to
management and use of apartment buildings shall be resolved under the Law on
Housing, this Regulation and relevant regulations of law.
7. Any violation against the regulations on
management and use of apartment buildings must be dealt with in a timely and
strict way according to law.
8. 7
Investors, management boards, operators, owners and occupants of apartment
buildings are encouraged to apply technologies and information technology
during their management, use and operation of apartment buildings.
Chapter II
CONTENTS OF MANAGEMENT
AND USE OF APARTMENT BUILDINGS
Article 5. Compiling,
transferring and retaining apartment building dossiers8
1. Every owner of an apartment building shall
compile and retain a housing dossier as prescribed in Articles 76 and 77 of the
Law on Housing.
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3. An apartment building dossier shall be retained
and transferred in accordance with the following regulations:
a) The investor shall retain the dossier specified
in Clause 2 of this Article; within 20 working days from the date on which the
apartment building management board or the representative managing the
apartment building (if the management board is not required to be established)
submits a written request for transfer of the apartment building dossier, the
investor shall transfer 02 sets of dossier (certified true copies) to the
management board. The documents transferred to the management board include:
- As-built drawings (enclosed with a list of
drawings), which are prepared in accordance with regulations of the law on
construction.
- Manufacturer’s profiles of equipment installed in
the building.
- Building operation procedure; building
maintenance procedure.
- A notification of approval for results of
commissioning of building items and apartment building by the construction
authority in accordance with regulations of the law on construction.
- Parking lot layout designed by the investor
according to the project and design dossier approved by the competent
authority, which clearly indicates parking lots intended for apartment building
owners and occupants (including shared parking lots, car parking lots) and
public parking lots;
b) After receiving the apartment building dossier
specified in Point a of this Clause from the investor, the apartment building
management board shall retain and manage this dossier at the community house or
its office (if any) or location decided by the apartment building meeting; if
the apartment building requires an operator in accordance with regulations of
the Law on Housing, the apartment building management board shall provide 01
set of dossier received from the investor to the operator, except where the
operator is the investor.
If the operator no longer manages and operates the
apartment building, this dossier shall be transferred to the management board;
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Within 05 working days from the date on which the
apartment building management board’s written request is received, the
district-level People's Committee shall carry out an inspection, if the
investor has not yet transferred the apartment building dossier as prescribed,
the investor shall be requested in writing to transfer the dossier; within 10
working days from the date on which the written request of the district-level
People’s Committee is received, the investor that fails to transfer the
apartment building dossier shall face administrative penalties in accordance
with regulations of the law on penalties for administrative violations against
regulations on management and use of housing and is compelled to transfer the
apartment building dossier to the management board;
d) If the investor transfers the apartment building
dossier as prescribed but the management board does not receive it, within 10
working days from the date on which the apartment building dossier is
transferred, the investor shall notify and request the People's Committee of
the district where the apartment building is located to receive this dossier.
The management board shall take responsibility for the issues that arise from
the failure to receive the apartment building dossier as prescribed by law.
4. Before transferring the apartment building
dossier, the investor and the apartment building management board or the
representative managing the apartment building shall inventory equipment and
define the apartment building parts under shared ownership in accordance with
regulations of the Law on Housing; the transfer of apartment building dossier
and finished project shall be made into a record certified by parties. In case
of failure to inventory equipment and define the parts under shared ownership,
the investor and management board shall make a record of current conditions of
equipment and current management of the apartment building parts under shared
ownership.
Article 6. Management of
privately owned parts in multi-owner apartment buildings
1. Areas and equipment under private ownership of
an owner prescribed in Clause 1 Article 100 of the Law on Housing must be
clearly stated in the contract for purchase and sale or lease purchase of an
apartment or other area other than an apartment in the apartment building
(hereinafter referred to as “the contract for sale and purchase or lease
purchase”).
Apart from the contract for sale and purchase or
lease purchase, the investor shall provide the purchaser or lease purchaser
with the drawings as prescribed in Point d Clause 2 Article 5 of this
Regulation.
2. If the contract for sale and purchase or lease
purchase is signed before the effective date of this Regulation, the definition
of the privately owned areas and equipment and provision of the drawings shall
comply with regulations of law on housing at the time of signing the contract
or as agreed in the contract for sale and purchase or lease purchase if not
prescribed by the law on housing.
3. Apartment building owners may directly manage or
authorize others to manage their privately owned parts but such privately owned
parts must be used for their intended purposes without affecting other
privately owned parts of other owners or apartment building parts under shared
ownership.
Article 7. Management of parts
under shared ownership or for shared use in multi-owner apartment buildings
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2. Investors shall manage the apartment building
owners and occupants’ amenities which have to be transferred to the State for
management according to the approved project but have yet to be transferred.
After the transfer of the amenities to the State, the unit assigned by the
State shall manage, maintain and use such amenities for their intended purposes.
3. The investor reserves the right to own and is
responsible for management and maintenance of the apartment building owners and
occupants’ amenities built by the investor for business purposes in accordance
with the content of the approved project.
4. Apartment building owners shall jointly manage
the shared parts of apartment building blocks intended for residential
purposes. If the apartment building requires an operator, such operator is
assigned to manage such parts. If the apartment building does not require an
operator, the apartment building meeting shall decide to assign the apartment
building management board or another unit to manage such shared parts.
5. Shared parts of mixed-use apartment building
blocks shall be managed in accordance with the following regulations:
a) If it is impossible to separate the shared parts
of the office, services and commercial section from those of the apartment
section, the apartment building owners shall jointly manage such shared parts;
and the shared parts shall be managed and operated under Clause 4 of this
Article;
b) If it is possible to separate the shared parts
of the office, services and commercial section from those of the apartment
section, the apartment building owners shall manage the shared parts of the
apartment section; and the shared parts shall be managed and operated under
Clause 4 of this Article. The shared parts of the office, services and
commercial section shall be managed by the operator or by the owner of such
section if the apartment building does not require an operator.
The apartment building owners shall jointly manage
the shared parts of the entire block; and such shared parts shall be managed
and operated in accordance with Clause 4 of this Article.
6. The community house of an apartment building
block shall be managed by the owners or by the management board (if the
apartment building has a management board) or by the apartment building
operator as decided by the apartment building meeting.
7. The shared parts of the apartment building
complex shall be managed by the management board of the apartment building
complex on behalf of the owners.
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Article 8. Ownership and
management of parking lots in apartment buildings
1. Parking lots in apartment buildings shall be
constructed according to the standards and technical regulations on
construction and the approved design documentation. Parking lots may be located
at a basement or ground floor or in other areas inside or outside the apartment
building and shall be clearly stated in contracts for sale and purchase or
lease purchase of an apartment; parking lots must be used for their intended
purposes in line with content of the approved project and Article 101 of the
Law on Housing.
2. Regarding single-owner apartment buildings,
parking lots are under ownership and management of the owner but must be used
according to the content of the approved project, the Law on Housing and this
Regulation. If the apartment building requires an operator, such operator shall
manage such parking lots. If the apartment building does not require an
operator, the owners shall themselves manage or hire another unit to manage
such parking lots.
3. The parking lots under shared ownership
mentioned in Point a Clause 1 Article 101 of the Law on Housing shall be
managed by the operator. If an apartment building does not require an operator
but requires an apartment building management board as prescribed in the Law on
Housing, the apartment building meeting shall decide to assign the management
board or another unit to manage such parking lots on behalf of owners; if the
apartment building does not require an operator or a management board, the
owners shall agree to themselves manage or hire another unit to manage such
parking lots.
4. Regarding car parking lots for apartment
building owners prescribed in Point b Clause 1 Article 101 of the Law on
Housing, the following regulations shall be complied with:
a) Purchasers or lease purchasers of an apartment
or other areas in an apartment building (hereinafter referred to as “apartment
purchasers”) shall decide to purchase or lease a car parking lot intended for
the apartment building owners under the Law on Housing.
If the apartment building has sufficient car
parking lots for every apartment and the apartment purchasers wish to purchase
or lease such car parking lots, the investor must decide to sell or lease out
such car parking lots but must ensure the principle that each owner of an
apartment or other area in the apartment building is not permitted to purchase
or lease car parking lots in excess of the number of car parking lots designed
or constructed according to the approved project for an apartment or a
privately owned area in the apartment building;
b) If the apartment building does not have
sufficient car parking lots for every apartment, the investor shall decide to
sell or lease out such car parking lots under the agreement between the
apartment purchasers; if the apartment purchasers fail to reach an agreement,
the investor shall make a decision by arranging a lucky draw for purchase or
lease of such car parking lots;
c) The sale and purchase or lease of car parking
lots prescribed in Points a and b of this Clause may be included in the
contract for sale and purchase or lease purchase of an apartment or specified
in a separate contract; the rent for car parking lots shall be paid on a
periodic or monthly basis, the payment for car parking lots shall be made in a
lump sum, by deferred payments or by instalments as agreed upon by the parties.
In the case of leasing car parking lots, the responsibility for paying fees for
management and operation or for paying charges for car keeping services in the
car parking lot lease contract shall be agreed upon by the parties. In the case
of purchasing car parking lots, the purchasers must pay fees for management and
operation and charges for car keeping services under law and the agreement with
the service provider;
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dd) If the purchaser or lease purchaser of an
apartment does not purchase the car parking lot prescribed in this Clause, the
parties must specify in the contract for sale and purchase or lease purchase of
the apartment that such area is under ownership and management of the investor
and the investor is not permitted to include costs of investment in
construction of such car parking lot in the selling price or lease purchase
price of the apartment; if the purchaser or lease purchaser of the apartment
purchases or leases such car parking lot, the investor must separate the
selling price or lease purchase price of the car parking lot from the selling
price or lease purchase price of the apartment;
e) (annulled)9.
5. Public parking lots of an apartment building
(parking lots intended for entities other than the apartment building owners
and occupants) shall be managed according to the following regulations:
a) In case the owner of the office, services and
commercial section purchases public car parking lots from the investor, such
owner shall manage these public car parking lots;
b) If public car parking lots are under ownership
of the investor, the investor shall manage them; if the owner of the office,
services and commercial section leases public car parking lots from the
investor, these car parking lots shall be managed under the contract for lease
of the car parking lots;
c) Where public car parking lots are managed by the
State according to the approved project dossier, the unit assigned by the State
shall manage such car parking lots.
6. An organization or individual owning a car
parking lot specified in Clause 4 or 5 of this Article shall pay fees for
management and operation and carry out maintenance of such car parking lot; in
the case of leasing a car parking lot, the responsibility for maintenance of
the car parking lot shall be agreed in the contract for leasing the car parking
lot.
Article 9. Internal rules for
management and use of apartment buildings
110.
Apartment buildings governed by this Regulation must have internal rules for
management and use including the contents mentioned in Clause 2 of this Clause.
The investor or apartment building meeting shall rely on the sample internal
rules mentioned in this Regulation to formulate and pass their own internal
rules suitable for each apartment building block or apartment building complex.
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a) Regulations applicable to owners, occupants,
temporary residents and guests;
b) Prohibited acts during the use of the apartment
building and handling of violations of the internal rules;
c) Regulations on use of the shared parts of the
apartment building;
d) Regulations on repair of damage to or change of
equipment in the privately owned parts and handling of incidents in the
apartment building;
dd) Regulations on fire safety in the apartment
building;
e) Regulations on disclosure of information
concerning the use of the apartment building;
g) Regulations on obligations of apartment building
owners and occupants;
h) Other regulations depending on the
characteristics of each apartment building.
3. Where first apartment building meeting has not
been held, the investor shall establish internal rules on management and use of
the apartment building according to Causes 1 and 2 of this Article, enclose it
with the contract for sale and purchase or lease purchase of an apartment and
to make it publicly available in the community house, elevator lobbies and
reception area of the apartment building block.
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Article 10. Management and
operation of apartment buildings
1. The management and operation of an apartment
building shall focus on the following tasks:
a) Controlling and maintaining operation of and
regularly maintaining elevators, water pumps, generators, automatic fire alarm
system, firefighting system, firefighting tools, stand-by equipment and other
equipment belonging to the parts under shared ownership or for shared use of
the apartment building block or apartment building complex;
b) Providing security services, environmental
hygiene, garbage collection, gardening, insect control and other services to
ensure the normal operation of the apartment building;
c) Other relevant tasks.
2. If the apartment building requires an operator
as prescribed in Point a Clause 1 Article 105 of the Law on Housing, all tasks
prescribed in Clause 1 of this Article must be performed by the operator, and
the owners and occupants are not permitted to hire different service providers
for management and operation purposes. The apartment building operator may
conclude a contract with a service provider to perform the tasks of managing
and operating the apartment building but is responsible for management and
operation under the signed service contract with the apartment building
management board.
Article 11. Maintenance of
apartment buildings
1. Maintenance of an apartment building shall
include checks, observation, inspection of the quality, and minor repair,
regular repair and major repair of the construction parts of the apartment
building, check and maintenance of the fire-fighting and prevention system and
replacement of components or equipment for shared use in the apartment building
block or apartment building complex.
2. Every apartment building owner shall maintain
the privately owned parts and make financial contributions to the maintenance
of the shared parts of the apartment building in accordance with the Law on
Housing and this Regulation.
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3. The maintenance of construction parts of the
apartment building must be carried out by units with capability prescribed by
regulations of law on construction; the maintenance of equipment of the
apartment building must be carried out by units whose capability is appropriate
to the maintenance work. If the apartment building operator has the capability
for maintenance, such operator may be hired to carry out maintenance.
4. If the first apartment building meeting has yet
to be held, the maintenance of the shared parts of the apartment building shall
be carried out as prescribed in Points b and c Clause 2 Article 5 of this
Regulation.
5. After the first apartment building meeting is
held, the maintenance of the shared parts of an multi-owner apartment building
shall be carried out as prescribed in Points b and c Clause 2 Article 5 of this
Regulation and the annual maintenance plan adopted by the apartment building
meeting as prescribed in this Regulation; in the case of unexpected damage or
damage caused by a natural disaster or fire, the apartment building management
board shall make a decision on maintenance under this Regulation and relevant
regulations of law but a report thereon must be given at the forthcoming
apartment building meeting.
6. The maintenance of the shared parts of the
apartment building shall be carried out according to Section 4 Chapter III of
this Regulation.
Chapter III
ORGANIZATION OF
MANAGEMENT AND USE OF APARTMENT BUILDINGS
Section 1. APARTMENT BUILDING
MEETING
Article 12. Apartment building
meeting
1. For a single-owner apartment building, an apartment
building meeting means a meeting between the representative of the owner and
apartment building occupants.
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3. The apartment building meeting is entitled to
decide on the contents related to management and use of the apartment building
prescribed in Article 102 of the Law on Housing and this Regulation.
Article 13. First apartment building
meeting11
1. Conditions for organization of the first
apartment building meeting:
a) The apartment building meeting shall be held
within 12 months from the date on which such apartment building is transferred
and put to use and has at least 50% of its apartments transferred to purchasers
or lease purchasers (excluding the apartments that are not sold or yet to be
sold or leased out under a lease-purchase contract by the investor); by the
aforementioned deadline, if the apartment building has not had at least 50% of
apartments transferred, the apartment building meeting shall be held until at
least 50% of apartments are transferred;
b) The apartment building meeting shall be held if
at least 50% of apartments of each building in a complex have been transferred
to purchasers or lease purchasers (excluding the apartments that are not sold
or yet to be sold or leased out under a lease-purchase contract by the
investor) and at least 50% of representatives of owners of apartments of each
building have put their apartments into use and agree to merge the buildings
into the apartment building complex.
2. Conditions for attendances at the first
apartment building meeting:
a) There must be at least 50% of representatives of
owners of transferred apartments at the apartment building meeting. If the
attendances are not sufficient as prescribed in this Point, within 07 working
days from the date on which the date of the apartment building meeting is
specified in the notice of meeting, the investor or representative of the
apartment owner shall request the People’s Committee of the commune, ward or
commune-level town (hereinafter referred to as “communal People’s Committee”)
where the apartment building is located to hold an apartment building meeting;
b) Regarding the apartment building complex
meeting, there must be sufficient number of persons agreeing to merge the
buildings into the apartment building complex. If the attendances are not
sufficient as prescribed in this Point, within 07 working days from the date on
which the date of the apartment building meeting is specified in the notice of
meeting, the investor or representative of the apartment owner shall request
the communal People’s Committee to hold an apartment building meeting, except
where an apartment building meeting is held at a building in the complex as
prescribed in Point a of this Clause.
3. The investor (in the case of a multi-owner
apartment building) or the owner (in the case of a single-owner apartment
building) shall prepare contents and notify the date and place of the meeting,
and hold an official meeting attended by apartment building owners and
occupants. The investor or owner may hold a preparatory meeting to prepare
contents of the official apartment building meeting. Contents of the first
apartment building meeting shall be prepared as follows:
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b) A draft regulation on apartment building
meeting;
c) Proposed amendments to internal rules for
management and use of the apartment building (if any);
d) A draft regulation on election of the apartment
building management board, proposed name of the management board prescribed in
Point a Clause 1 Article 23 of this Regulation, proposed list and number of
members of the management board, expected head and deputy head of the
management board (if the apartment building has to establish a management
board); expected plan for provision of professional training in apartment
building operation and management to members of the management board;
dd) Regarding the multi-owner apartment building,
it is required to make additional preparations, including proposed prices of
apartment building operation services, draft plan for maintenance of shared
area of the apartment building, proposed operator in the cases where the
apartment building has to establish a management board but the investor fails
to have the managerial function or capability or has managerial function or
capability but does not participate in management and authorize another unit to
perform management. If the apartment building has to establish a management
board, propose an operating model of the management board, draft operating
regulation and regulation on revenues and expenditures of the management board.
e) Prices of services at swimming pools, gyms,
tennis courts, spas, supermarkets and other services (if any);
g) Other proposals on the management and use of
apartment buildings, which need to be discussed at the first apartment building
meeting.
4. The first apartment building meeting shall
decide:
a) The regulation on apartment building meeting
(including first, annual and irregular meeting);
b) Regulation on election of apartment building
management board, name of the management board, number and list of members of
the management board, head and deputy head of the management board (if the
apartment building has established a management board); plan for provision of
professional training in apartment building operation and management to members
of the management board;
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d) Contents specified in Point dd Clause 3 of this
Article; regarding prices of apartment building management services, they shall
be decided by the apartment building meeting according to this Regulation and
by negotiation with the operator;
dd) Fees paid by owners and occupants of the
apartment building during the use thereof;
e) Other relevant contents.
5. The communal People’s Committee shall hold the
first apartment building meeting in one of the following cases:
a) The apartment building has been transferred and
put to use for more than 12 months and has at least 50% of apartments
transferred as prescribed in Point a Clause 1 of this Article but the investor
fails to hold an apartment building meeting and representatives of owners of
transferred apartments have requested the communal People’s Committee in
writing to hold a meeting;
b) The attendances are not sufficient as prescribed
in Clause 2 of this Article;
c) The investor is shut down due to dissolution or
bankruptcy as prescribed by law.
If the communal People's Committee holds the first
apartment building meeting, the funding for organization of this meeting shall
be provided by apartment building owners and occupants.
6. Within 30 working days from the receipt of the
written requests from representative of apartment owners or investor as
prescribed in Clause 5 of this Article, the communal People’s Committee shall
hold the first apartment building meeting. The verdict of the first apartment
building meeting held by the communal People’s Committee binding upon the
apartment building owners and occupants is the same as that of the first
apartment building meeting held by the investor.
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1. A irregular apartment building meeting is held
in one of the following cases:
a) Election of a replacement for the management
board’s head or deputy head who is dismissed or discharged or dies or is
missing; in the case of replacement of the management board’s deputy head being
the representative of the investor, the investor shall appoint another person
to hold such position without holding an irregular apartment building meeting;
b) Dismissal or discharge of all members of the
management board and election of a new management board;
c) Election of a replacement for the management
board’s member who is not the head or deputy head and who is dismissed or
discharged or dies or is missing in the case where the collection of opinions
from the apartment building owners has been organized but the number of persons
who agree to the replacement is inadequate as prescribed in Point b Clause 3
Article 26 of this Regulation or election of a replacement for the member of
the apartment building management board according to Clause 4 Article 26 of
this Regulation;
d) The apartment building management board proposes
replacement of the operator or adjustment of the prices of the apartment
building management and operation services;
dd) Other cases as requested by more than 50% of
the representatives of the owners of the transferred apartments.
2. Conditions concerning the number of participants
in an irregular an apartment building block meeting are as follows:
a) If an apartment building meeting is held to make
a decision on one of the issues prescribed in Points a, b, c or d Clause 1 of
this Article, it must be attended by at least 50% of representatives of owners
of transferred apartments;
b) If an apartment building meeting is held at the
request of the apartment owners prescribed in Point d Clause 1 of this Article,
it must be attended by at least 75% of the number of persons who have requested
in writing that an irregular apartment building meeting be held.
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a) If an apartment building complex meeting is held
to elect the head of the management board or a completely new management board of
the apartment building complex or to make a decision on the content specified
in Point d Clause 1 of this Article, it must be attended by at least 50% of the
representatives of the owners of the transferred apartments in the apartment
building complex.
If each block in the complex has its own operator
but a block proposes to change its operator or requests adjustment of prices of
the block management and operation services, the meeting must be attended by at
least 50% of the representatives of the owners of the transferred apartments in
such block and only an irregular apartment building meeting of such block is
held to make the decision;
b) Where a replacement for the management board’s
deputy head or management board’s member being the representative of a block in
the apartment building complex is elected, only an irregular apartment building
meeting of such block is held to elect the replacement. A block meeting is
permitted to be held to elect a replacement if it is attended by at least 50%
of the representatives of the owners of the transferred apartments in such
block;
c) If an apartment building meeting is held at the
request of the apartment owners prescribed in Point dd Clause 1 of this
Article, it must be attended by at least 75% of the number of persons who have
requested in writing that an irregular apartment building complex meeting be
held.
4. The apartment building management board shall
prepare contents and notify the time and place of the meeting, and hold an
official meeting attended by apartment building owners and occupants.
5. The communal People's Committee12 shall hold an irregular meeting of an
apartment building or an apartment building complex to make a decision on one
of the contents prescribed in Points a, b or c Clause 1 of this Article in one
of the following cases:
a) The apartment building management board has held
an irregular meeting of the apartment building or apartment building complex
but the number of the participants is inadequate as prescribed in Point a
Clause 2 or Point a Clause 3 of this Article and there is a written request
from the apartment building management board;
b) There are written requests from at least 50% of
the representatives of the owners of the transferred apartments that an
irregular apartment building meeting be held to make a decision on one of the
contents prescribed in Points a, b or c Clause 1 of this Article but the
apartment building management board failed to hold an irregular meeting of the
apartment building or apartment building complex;
c)13
The investor has been shut down due to dissolution or bankruptcy.
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Article 15. Annual apartment
building meetings
1. Annual apartment building meetings shall be held
once a year if it is attended by at least 30% of the representatives of the
owners of the transferred apartments or by a less number thereof agreed by the
apartment building owners. An annual meeting of an apartment building or
apartment building complex shall contain the following:
a) Listen to the reports on performance of the
management board and pass the revenue and expenses of the apartment building management
board;
b) Consider passing the statement of costs of
maintenance of the shared parts of the apartment building for the year and pass
the plan for maintenance of the shared parts of the apartment building for the
next year;
c) Listen to the report on management and operation
of the apartment building;
d) Make decisions on other contents (if any)
specified in Article 102 of the Law on Housing.
2. For an annual apartment building block meeting which
also includes making a decision on any of the following issues, it must be
attended by at least 50% of the representatives of the owners of the
transferred apartments:
a) Election of a replacement for the management
board’s head or deputy head who is dismissed or discharged or dies or is
missing; in the case of replacement of the management board’s deputy head being
the representative of the investor, the investor shall appoint another person
to hold such position without holding an apartment building meeting;
b) Dismissal or discharge of all members of the
management board and election of a new management board;
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3. For an annual apartment building complex meeting
which also includes making a decision on election of the management board’s
head or the issues prescribed in Points b and d Clause 1 Article 14 of this
Regulation, it must be attended by at least 50% of the representatives of the
owners of the transferred apartments in such apartment building complex.
4. The apartment building management board shall
prepare contents and notify the time and place of the meeting, and hold an
official meeting attended by apartment building owners and occupants; and may a
preparatory meeting to prepare contents of the official meeting.
5. If the number of the participants is inadequate
as prescribed in Clause 2 of this Article, the apartment building management
board shall request the communal People’s Committee in writing to hold an
apartment building meeting under Clauses 5 and 6 Article 14 of this Regulation.
6. If, through supervision or discussion at the
apartment building meeting, an apartment building owner discovers a financial
violation committed by the management board or a member of the apartment
building management board, the apartment committee meeting may, depending on
the seriousness of the violation, decide to discharge one, several or all
members of the apartment building management and elect replacements for members
according to Clause 2 or Clauses 3 and 5 of this Article; if the violator faces
a criminal prosecution, the apartment building meeting shall pass a resolution
requesting the competent authority to consider dealing with criminal liability
in accordance with law.
Where necessary, the apartment building meeting
shall decide to establish an inspection team or hires a professional unit to
inspect books and revenue and expenses of the apartment building management
board; and if a professional unit is hired, the apartment building owners and
occupants must make financial contributions with a view to payment of costs to
such unit as agreed.
Article 16. Attendances and
voting at apartment building meetings17
1. Regarding a single-owner apartment building or
single-owner apartment building complex, attendances at an apartment building
meeting comprise representatives of apartment building owners and occupants and
representative of the People’s Committee of the commune where the apartment
building is located.
2. Regarding a multi-owner apartment building or multi-owner
apartment building complex, attendances at an apartment building meeting are
prescribed as follows:
a) If the first apartment building meeting is held,
attendances thereat comprise a representative of the investor, representatives
of owners of the transferred apartments, representative of the apartment
building operator (if any) and a representative of the communal People’s
Committee who is invited;
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3. The right to vote at the apartment building or
apartment building complex meeting is determined according to the privately
owned area of the apartment owner or owner of another area in the apartment
building adhering to the principle that 1 m2 of the privately
owned area is equivalent to 01 vote.
4. The apartment building owner or owner of another
area in the apartment building may authorize another owner in such apartment
building or occupant of such apartment building to attend the meeting and vote
at the meeting on behalf of the owner.
Regarding state-owned apartments (including
unoccupied and occupied ones), the authority representing their owners shall attend
the meeting and exercise the right to vote. Where apartments are occupied,
however, the authority representing their owners authorizes the occupants to
attend the meeting, such occupants shall attend the meeting and exercise the
right to vote with respect to the occupied area.
5. Every decision made at the apartment building or
apartment building complex meeting shall be approved under the majority rule by
voting or casting ballots; contents of the meeting shall be made into a record,
which bears signatures of presiding members and secretary of the apartment
building meeting.
Section 2. APARTMENT BUILDING
MANAGEMENT BOARD
Article 17. Apartment building
management board
1. For a multi-owner apartment building which has
to establish a management board under the Law on Housing, the apartment
building management board shall be an organization which has a legal status and
its own seal and operate according to the model prescribed in Clause 1 Article
18 of this Regulation. The management board shall be elected by the meeting of
the apartment building or apartment building complex to exercise the rights and
responsibilities mentioned in Clauses 1 and 2 Article 41 of this Regulation.
2. For a single-owner apartment building or
multi-owner apartment building that has less than 20 apartments, the apartment
building meeting shall decide whether or not a management board is established.
If an apartment building management board is established, the operating
principles and organizational structure of the management board are prescribed
as follows:
a) In the case of a single-owner apartment
building, the apartment building management board shall not have a legal status
and its own seal; shall operate according to the model prescribed in Clause 3
Article 18 of this Regulation and exercise the rights and responsibilities
mentioned in Clause 2 Article 41 of this Regulation;
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3. The apartment building management board
prescribed in Clause 1 or 2 of this Article shall have a term of 03 years and
be re-elected at the annual apartment building meeting of the last year of its
term, except where an irregular apartment building meeting is held to elect a
replacement for the management board.
4. The decisions of the apartment building
management board that are beyond the power specified in in Article 41 of this
Regulation shall be invalid; where such decisions cause damage to the
legitimate rights and interests of organizations and individuals, the members
of the management board must pay compensation in accordance with law.
5. 18
Members of the apartment building management board shall perform the tasks
specified in the management board’s operating regulation passed by the
apartment building meeting.
6. The apartment building management board shall
have funding for its operation annually contributed by the apartment building
owners and occupants under the decision of the apartment building meeting. Such
funding is specified in the operating regulation of the management board and
managed through a bank account of the management board. The apartment building
management board must use its operating funding for intended purposes, must not
use it for business purposes and must report revenue and expenses at the annual
apartment building meeting.
7. 19
The owners and occupants of the apartment building shall, according to the
decision made at the apartment building meeting, make financial contributions
to cover remuneration for members of the management board. The apartment
building meeting may refer to the region-based minimum wages stipulated by the
State to consider deciding a remuneration corresponding to the responsibilities
and obligations of members of the management board according to specific
conditions of each apartment building block or complex and each locality,
except where the members refuse to receive the remuneration.
If the apartment building has an operator in
accordance with the Law on Housing and this Regulation, the apartment building
owners and occupants shall make financial contributions via this operator for
payment of remuneration to the management board's members; the remuneration
shall not be recorded in the operator’s business activities. If the apartment
building does not have an operator as stipulated in the Law on Housing and this
Regulation, the apartment building management board shall collect the financial
contributions and pay remuneration to each member.
Article 18. Model of apartment
building management board20
1. The management board of a multi-owner apartment
building or multiple-owner apartment building complex shall be established and
operate according to the model of the board of directors of a cooperative or a
joint-stock company. The operating model of the management board shall be
decided at the apartment building meeting in a manner that is suitable for each
block or complex.
2. If a management board is established and
operates according to the model of the board of directors of a co-operative,
meetings of the management board shall be convened and held in conformity with
regulations of law on co-operatives. If a management board is established and
operates according to the model of the board of directors of a joint-stock
company, meetings of the management board shall be convened and held in
conformity with regulations of law on enterprises.
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3. The management board of a single-owner apartment
building or single-owner apartment building complex shall be established and
operate according to the self-governance model. Members of the management board
shall themselves agree to give each member the rights and responsibilities
enshrined in Clause 2 Article 41 of this Regulation.
Article 19. Requirements to be
satisfied by members of apartment building management boards
1. 21
With regard to a multi-owner apartment building, members of the apartment
building management board must be the owners and are using apartments in that
apartment building. In case an occupant of an apartment or another area in the
apartment building is not the owner of that apartment or such another area but
is authorized by such owner to attend the apartment building meeting, that
occupant may be appointed as a member of the management board of that apartment
building.. Persons who have experience and knowledge in the field of
architecture, construction, electrical engineering, electronics engineering,
fire safety, finance or law are encouraged to join the apartment building's
management board.
With regard to a single-owner apartment building,
members of the apartment building management board include representatives of
apartment owners and occupants in such apartment building.
2. 22
Members of the apartment building management board are encouraged to join
professional training courses on management and use of apartment buildings
organized by the training institutions recognized by the Ministry of
Construction.
Article 20. Number and
composition of apartment building management boards
1. 23
The number of members of the management board of an apartment building or
apartment building complex shall be decided by the apartment building meeting
according to the following principles:
a) For an apartment building comprising only one
block, the management board must have at least 03 members. For an apartment
building comprising multiple blocks specified in Clause 2 Article 3 of this
Regulation, at least 01 member of the management board shall be assigned to
each block;
b) For a apartment building complex, the management
board must have at least 06 members.
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a) The management board of an apartment building
block shall include 01 head, 01 or 02 deputy heads and other members decided by
the apartment building meeting.
If the investor still owns an area in the apartment
building, the representative of the investor may be elected by the apartment
building meeting as the head of the apartment building management board or may
act as a deputy head of the apartment building management if he/she is not
elected as the head;
b) The management board of an apartment building
complex shall include one head; each block in the complex shall hold a meeting
to appoint 01 or 02 representatives as deputy heads, and other members shall be
decided by the meeting of the apartment building complex.
If the investor still owns an area in the apartment
building complex, the representative of the investor may be elected by the
meeting of the apartment building complex as the head of the management board.
Regarding each block in the apartment building complex in which the investor
still owns an area, the investor is entitled to appoint a representative as a
deputy head of the management board of the complex, except where the
representative of the investor of such block is elected as the head of the
management board of the apartment building complex.
3. The composition of the management board of a
single-owner apartment building or single-owner apartment building complex
shall include 01 head, 01 or 02 deputy heads, and other members decided by the
apartment building meeting.
Article 21. Separation and
merger of apartment building management boards
1. Separation or merger of an apartment building
management board prescribed in this Article shall only apply to multi-owner
apartment buildings for which a management board has been established.
2. Separation of the management board of an
apartment building complex is prescribed as follows:
a) If the representatives of the apartment owners
of a block in the apartment building complex wish to separate from such
apartment building complex to establish their own block management board, a
block meeting must be held to collect opinions from the apartment building
owners. If at least 50% of the representatives of the owners of the transferred
apartments in such block so agree (through the record of collective proposal),
the management board’s members being the representatives of such block shall
send the record of collective proposal to the management board of the apartment
building complex.
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b) If an apartment building block is separated from
the apartment building complex while the representative of such block is still
holding the position as the head of the apartment building complex management
board, after a block management board is established, the apartment building
complex management board must hold an irregular meeting of the apartment
building complex to elect a replacement for the head of the management board of
the apartment building complex under Article 14 of this Regulation;
c) If the representatives of the apartment owners
of the blocks in the complex wish to carry out separation with a view to
establishment of establish a management board of each block, after the blocks
hold apartment building block meetings to have a record of collective proposal
as prescribed in Point a of this Clause, the management board of the apartment
building complex must hold a meeting to agree upon a method of transferring
documentation and fees for maintenance of each block to the new management
boards after such management boards are established.
After the representatives of the blocks send their
records of collective proposal to the management board of the apartment
building complex, the blocks shall hold an apartment building block meeting as
prescribed in Point a of this Clause;
d) The procedures for recognition of an apartment
building management board prescribed in this Clause are specified in Article 22
of this Regulation.
3. The merger of the management board of a block
into the management board of a complex is prescribed as follows:
a) Where apartment building blocks have management
boards which independently operate and satisfy all conditions for establishment
of an apartment building block in accordance with this Regulation, the
management boards of such blocks must hold a meeting to agree to establish a
management board of an apartment building complex; and the minutes of meeting
must specify a plan for merger into the management board of the apartment
building block and transfer of the block documentation, and documentation concerning
operation of the management boards and funding currently managed by the
management boards of the blocks.
The management board of each block must hold a
meeting to collect opinions of the block owner. If at least 50% of the
representatives of the owners of the transferred apartments in each block agree
to the merger of the block into the apartment building block (through a record
of collective proposal), the management boards of such blocks shall cooperate
in holding the first apartment building block meeting. The first apartment
building block meeting must be subject to the regulations laid down in Clauses
1 through 4 Article 13, and Article 26 of this Regulation;
b) If an apartment building block has had a
management board which independently operates but wishes to be merged into the
management board of an apartment building block which has been established, the
management board of the block and the management board of the apartment
building complex must hold a meeting and prepare a record stating their agreement
on merger.
After the record is available, the management board
of the apartment building block must hold a meeting to collect opinions of the
owners in the apartment building block; and the management board of the block
must hold a meeting to collect opinions of the owners of such block. If at
least 50% of the representatives of the owners of the transferred apartments in
such apartment building block and 50% of the representatives of the owners of
the transferred apartments in such apartment building block agree to the merger
into the apartment building block (through the record of collective agreement),
the management board of such block must hold a block meeting to appoint
representatives to join the management board of the apartment building complex.
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c) The procedures for recognition of an apartment
building complex management board prescribed in this Clause are specified in
Article 22 of this Regulation.
4. The transfer and management of the block
documentation and documentation concerning the apartment building management
board’s operation, and transfer of relevant funding in the cases mentioned in
Clauses 2 and 3 of this Article shall be carried out as follows:
a) In the case mentioned in Clause 2 of this
Clause, the apartment building complex management board shall, within 07
working days from the date on which the new management board submits the
written request, transfer the documentation and entire funding in relation to
the block separated from the apartment building complex to the new block
management board for management according to regulations;
b) In the case mentioned in Clause 3 of this
Clause, the apartment building block management board shall, within 07 working
days from the date on which the new management board submits the written
request, transfer the block documentation, documentation concerning management
board’s operation, and entire funding in relation to such block to the
apartment building complex management board for management according to
regulations;
c) The management board of the apartment building
block or apartment building complex shall send a written request enclosed with
a certified copy of the recognition decision of the district-level People's
Committee24 to
the credit institution which currently manages the fees for maintenance of the
apartment building block or the apartment building block for transfer of such
funding to the new management board for management;
d) After receiving the documents prescribed in
Point c of this Clause, the credit institution currently managing the funding
shall transfer the entire remaining funding prescribed in Point a or b of this
Clause to the new management board. The transfer of the documentation
concerning operation of the management board and transfer of the funding
prescribed in this Clause must be made into a record bearing signatures of the
relevant parties. After being transferred to the new apartment building
management board, the funding shall be managed and used in accordance with
regulations of law on housing and this Regulation.
Article 22. Procedures for
recognition and notification of apartment building management boards
1. Within 10 working days from the date on which
the apartment building management board is elected by the apartment building
meeting (including election of the first management board; election of a
management board upon expiration of its term or discharge or election of a
replacement for the management board; election of a new management board upon
separation from or merger into a management board or election of a replacement
for the head or deputy head of the apartment building management board), the
apartment building management board shall submit an application for
recognition of a management board prescribed in Article 23 of this Regulation
to the People's Committee of the district25 where the apartment building is located.
2. 26
Within 07 working days from the receipt of the sufficient application, the
district-level People's Committee shall check it and issue a recognition
decision or authorize the People’s Committee of the commune where the apartment
building is located to do so.
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a) Name and operating model of the management
board;
b) Number of members of the management board;
c) Full name and position of the head or deputy
heads of the management board;
a) Term of the management board;
dd) Responsibility of relevant organizations and
individuals for implementing the decision;
e) 27
Replacement of the previous recognition decision (if any).
4. 28
After the management board recognition decision is issued by the People's Committee
of the district or People's Committee of the commune, the recognized management
board shall open its own account. In the case of a multi-owner apartment
building, the management board shall open an account to manage fees for
maintenance of the shared area in accordance with the Law on Housing and this
Regulation and register a seal in accordance with regulations of law on seal
registration and management (the management board's name inscribed on the seal
must be identical to the recognized management board's name), except where the
management board has had a seal and opened an account as prescribed by law.
5. 29
The management board of the single-owner apartment building is entitled to
operate if it is recognized by the People’s Committee of the district or
People’s Committee of the commune. The management board of the multi-owner
apartment building is entitled to operate if it has registered its seal in
accordance with regulations of law and opened accounts in accordance with this
Regulation.
Regarding the management board of the multi-owner
apartment building that has had a seal and opened an account as prescribed by
law and is not required to be renamed, it is required to send a notification
enclosed with a certified true copy of the management board recognition
decision to the credit institution where the management board opens its account
to make transactions with such credit institution as prescribed.”
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1. In the case of establishment of a first
management board, the application for recognition of a management board
includes:
a) An application form of the management board,
specifying the management board’s name approved by the apartment building
meeting. In the case of establishment of the management board of an apartment
building block, the management board is named after the name or number of the
block. In the case of establishment of the management board of an apartment
building complex, the name of management board shall be decided by the
apartment building meeting;
b) Minutes of apartment building meeting on
election of the management board;
c) List of members of the management board and full
names of the head and deputy heads of the management board;
d) Operating regulation of the management board
passed by the apartment building meeting.
2. In the case of re-election of the management
board upon expiration of its term, election of a new management board due to
discharge of the previous management board according to regulations or election
of a replacement for the head or deputy head of the management board, the
application for recognition of a management board includes:
a) An application form of the management board;
b) Original of the decision on recognition of the
management board;
c) Minutes of apartment building meeting on
re-election, election of a replacement for the management board or election of
a replacement for the head or deputy head of the management board;
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dd) Operating regulation of the management board
passed by the apartment building meeting (if any amendment is made to such
regulation).
3. In the case of separation from the management
board of an apartment building complex prescribed in Clause 2 Article 21 of
this Regulation, the application for recognition of a management board is
prescribed as follows:
a) In the case of applying for recognition of the
management board of a block after separation from the apartment building
complex, the application includes the documents prescribed in Clause 1 of this
Article enclosed with a record of agreement of the representatives of the
apartment building owners on separation from the apartment building complex
prescribed in Point a Clause 2 Article 21 of this Regulation. In the cases
prescribed in Point c Clause 2 Article 21 of this Regulation, the original of
the decision on recognition of the management board is required;
b) In the case of applying for recognition of the
management board of an apartment building complex after a block is separated
from the apartment building complex, the application includes the application
form of the management board of the apartment building complex, the original of
the decision on recognition of the management board of the apartment building
complex, a list of the remaining members of the management board of the
apartment building complex (specifying the full name and position of each
member of the management board); in the case of re-election of the head of the
management board of the apartment building complex as prescribed in Point b
Clause 2 Article 21 of this Regulation, the minutes of apartment building
meeting on election of the head of the management board and a list of the
elected persons are required.
4. In the case of merger into the management board
prescribed in Clause 3 Article 21 of this Regulation, the application for recognition
of a management board is prescribed as follows:
a) In the case of applying for recognition of the
management board of a block after separation from the apartment building
complex, the application includes the documents prescribed in Clause 1 of this
Article enclosed with a record of agreement of the representatives of the
apartment building owners on separation from the apartment building complex
prescribed in Point a Clause 2 Article 21 of this Regulation. In the cases
prescribed in Point c Clause 3 Article 21 of this Regulation, the original of
the decision on recognition of the management board is required;
b) In the case of applying for recognition of the
management board of an apartment building complex due to merger of the
management board of a block into the management board of the apartment building
complex, the application includes an application of the management board of the
apartment building complex, the record of collective agreement of the owners of
the block or the apartment building complex and the minutes of meeting of the
apartment building block having a need for merger into the complex prescribed
in Point b Clause 3 Article 21 of this Regulation, a list of members of the
management board of the complex (including the new members from the merged
block) and the original of the decision on recognition of the management board
of the block or the apartment building complex.
Article 24. Operating
regulations and regulations on revenue and expenses of apartment building
management boards
1. Operating regulation and regulations on
financial revenue and expenses of an apartment building management board or
apartment building complex management board shall be passed by the apartment
building meeting in a public and transparent manner and in compliance with this
Regulation, the Law on Housing and relevant regulations of law.
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a) 30
Operating model of the management board; relationship between members of the
management board, between the management board and the People’s Committee of
the commune where the apartment building is located and relevant organizations
during the management, use and operation of the apartment building;
b) Principles of organization of management board
meetings, including regulations on persons convening meetings, conditions for a
meeting, presiding person of meetings, content of the minutes of meeting,
method of voting or resolving issues falling within the jurisdiction of the
management board, and effectiveness of the decisions of the management board;
c) Rights and obligations of the management board
and specific responsibilities of each member of the management board, clearly
stating responsibility for signing documents of the management board, signing
contracts with an operator or unit carrying out maintenance of the shared parts
of the apartment building; responsibility for operating the management board or
signing documents in the absence of the head or a deputy head of the management
board; and responsibility for managing the seal (if any) of the management
board;
d) Right to access information and responsibility
for providing information between members of the management board;
dd) Receipt and response to recommendations of the
apartment building owners or occupants, handling of cases relating to dismissal
or discharge of a member of the management board and responsibility of
violators for providing compensation for damage;
e) Mechanism for reporting or passing decisions on
expenses of the management board; person responsible for management of
documents concerning operation of the management board;
g) Other contents depending on characteristics of
each block or apartment building complex.
3. Regulations on financial revenue and expenses of
the management board of an apartment building or apartment building complex
shall contain the following:
a) Provisions on revenue managed by the management
board, name of the holder of the account for operation or account for
management of fees for maintenance of shared parts managed by the management
board, and provisions on the term of deposits of fees for maintenance of shared
parts of the apartment building;
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c) Delegation of the responsibility for collecting
fees or signing on behalf of the management board for approval of expenditures
on operation of the management board, for signing written requests for
withdrawal of fees for maintenance of shared parts of the apartment building
and signing documents on payment of costs to the unit carrying out maintenance
or operator;
d) Provisions on procedures for withdrawal of money
and specific documents serving the procedures for withdrawal of money from the
accounts managed by the management board;
dd) Delegation of the responsibility for recording
and managing books, invoices and vouchers on revenue and expenses of the
management board;
e) Provisions on maximum cash which the management
board is entitled withdraw for payment directly to the unit carrying out
maintenance of the shared parts of the apartment building; and provisions on
the maximum funding which the management board is entitled to use for
unscheduled maintenance work without holding an apartment building meeting or
seeking opinions from the apartment building owners for decision;
g) Provisions on penalties for violations arising
from payment not made for intended purposes or appropriation of funding managed
by the management board or violations arising from recording or management of
books, invoices and vouchers on revenue or expense;
h) Provisions on other relevant contents.
Article 25. Voting for passing
of decisions of apartment building management boards
1. Decisions of the management board of an
apartment building or apartment building complex are passed by voting or
casting ballots according to the operating regulation of the management board
and specified in the minutes of meeting bearing signatures of the meeting
secretary and members of the management board participating in the meeting and
seal (if any) of the management board. Where affirmative votes are cast by 50%
of the management board members, the final result shall be determined according
to the vote of the head, or deputy head presiding over the meeting (in the
absence of the head), except for the cases mentioned in Clauses 2 and 3 of this
Article.
231. Regarding a multiple-owner apartment
building, the following proposals shall be only passed if they are approved by
at least 50% of the total number of members of the management board of the
apartment building or apartment building complex:
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b) Decision on selection of an unit carrying out
maintenance;
c) Proposal for change of prices of apartment
building operation services;
d) Management board’s proposals and requests
submitted to the investor during the management and use of apartment buildings;
dd) Other cases decided by the apartment building
meeting.
3. 32 Regarding the decision on use of fees
for maintenance of the shared area of a multi-owner apartment building, the
voting shall be carried out as follows:
a) If the management board of the apartment
building decides to maintain the building’s shared area, such decision must be
approved by 75% of the management board members;
b) If the apartment building management board
decides to maintain the shared area of the whole apartment building complex,
such decision shall be approved by at least 75% of the management board
members; if the shared parts of one or several blocks in the complex, such
decision shall be approved by at least 75% of the management board members who
are representatives such one or several blocks.
Article 26. Dismissal or
discharge of members of management boards or discharge of apartment building
management boards
1. A member of the management board of an apartment
building or apartment building complex is dismissed in the following
circumstances:
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b) The member is no longer the owner of an
apartment or other area in the apartment building (in the case of a multi-owner
apartment building);
c) The member relocates to another place;
d) Head of the management board of an apartment
building block separated from the apartment building complex in the case
prescribed in Point b Clause 2 Article 21 of this Regulation;
dd) Member of the management board of an apartment
building block merged into a apartment building complex in the case prescribed
in Clause 3 Article 21 of this Regulation.
2. The management board or a member of the
management board of an apartment building or apartment building complex is
discharged as requested by the management board or the representatives of the
apartment owners in the following cases:
a) The management board fails to report the result
of its operation to the apartment building meeting as prescribed in this
Regulation;
b) The management board fails to operate after it
is elected;
c) The member violates the operating regulation or
regulations on revenue and expenses of the management board;
d) The member fails to participate in the operation
of the management board for 06 consecutive months or fails to participate in at
30% of the total number of meetings of the management board in 01 year.
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a) If a replacement for the management board or for
a head or deputy head of the management board is elected, an irregular
apartment building meeting must be held to make the decision according to
Article 14 of this Regulation. If a deputy head being the representative of the
investor is dismissed or discharged, the investor shall appoint another
representative to act as a replacement without holding an irregular apartment
building meting;
b) If a management board’s member other than that
prescribed in Point a of this Clause is elected, the management board shall
propose a replacement and send such proposal to the representatives of the
apartment owners to seek their opinions. If such proposal is approved by at
least 50% of the representatives of the owners of the transferred apartments or
a smaller percentage decided by the apartment building meeting, the proposed
person is recognized as a member of the management board. If there is an
insufficient number of persons agreeing to the proposal as prescribed in this
Point, an irregular meeting of such block must be held to elect a replacement
in accordance with Article 14 of this Regulation.
4. Members of the management board of an apartment
building complex are re-elected as follows:
a) If a replacement for the apartment building
complex management board or a replacement for the head of the management board
is elected, an irregular meeting of the apartment building complex must be held
to make a decision as prescribed in Article 14 of this Regulation;
b) If an apartment building complex management
board’s member other than that prescribed in Point a of this Clause is elected,
the management board shall propose a replacement and send such proposal to the
representatives of the apartment owners in the block to seek their opinions. If
such proposal is approved by at least 50% of the representatives of the owners
of the transferred apartments or a smaller percentage decided by the apartment
building meeting, the proposed person is recognized as a member of the apartment
building complex management board. If there is an insufficient number of
persons agreeing to the proposal as prescribed in this Point, an irregular
meeting of such block must be held to elect a replacement in accordance with
Article 14 of this Regulation.
In the case of dismissal or discharge of a deputy
head of the management board of an apartment building complex who is the
representative of the investor, the investor shall appoint another
representative to act as a replacement without holding an irregular meeting of
the apartment building complex.
Section 3. MANAGEMENT AND
OPERATION OF APARTMENT BUILDINGS
Article 27. Apartment building
operator33
1. An apartment building operator may be the
investor or another unit that has satisfied all conditions concerning function
and capacity prescribed in Clause 2 Article 105 of the Law on Housing.
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3. After the first apartment building meeting is
held, the selection of an apartment building operator shall be subject to the
following regulations:
a) If an apartment building has no elevator system,
the apartment building meeting shall decide to operate and manage the apartment
building itself according to the self-governance method or hire a unit that
satisfies the conditions concerning function and capacity to manage and operate
the apartment building;
b) If the apartment building has an elevator system
and the investor satisfies the conditions concerning function and capacity
prescribed in Clause 2 Article 105 of the Law on Housing and wishes to
participate in management and operation, the management board and the investor
may conduct negotiation so that the investor directly signs an apartment
building management and operation service contract;
c) If the apartment building has an elevator system
and the investor fails to satisfy the conditions concerning function and
capacity prescribed in Clause 2 Article 105 of the Law on Housing and does not
wish to participate in management and operation or if the investor wishes to
participate in management and operation but fails to satisfy the requirements
agreed upon in the service contract, the apartment building meeting shall
decide to select another unit satisfying the conditions concerning function and
capacity as prescribed by law to manage and operate that apartment building.
4. Each apartment building shall have only 01
operator to manage and operate its shared parts. An apartment building complex
may have one operator or each apartment building in the apartment building
complex may have its own operator as decided by the apartment complex meeting.
If each building in the apartment complex has its own operator, the management
board of the apartment building complex shall reach an agreement with all
operators on the management and operation of shared technical facilities and
civil engineering systems in the apartment building complex.
5. The operator may conclude service contracts with
other service providers to perform the management and operation work, provided
the operator is responsible for service quality under the terms and conditions
specified in the service contract signed with the apartment building management
board.
Article 28. Publishing of
information concerning an operator34
1. Any operator that wishes to publish its
information on the web portal of the Department of Construction of province
where its head office is located or of the Housing and Real Estate Market
Management Agency shall send the information to be published (its name, full
name of the legal representative, contact address and phone number) to the
Department of Construction of province where its head office is located or the
Housing and Real Estate Market Management Agency.
2. If there is any change of the information
prescribed in Clause 1 of this Article or when the operating unit is shut down
or dissolved or declared bankrupt, the operator must notify the Department of
Construction of province where its head office is located or the Housing and
Real Estate Market Management Agency for modification or removal of published
information.
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Article 29. Apartment building
management and operation service contract
135. The management and operation of the
apartment building must be carried out under an apartment building management
and operation service contract signed between the operator and the management
board of that apartment building.
The service contract signed by the parties must
include the main contents prescribed in Clause 2 of this Article and made by
referring to the template of service contract stated in the Appendix 02 to this
Regulation.
2. An apartment building management and operation
service contract shall contain the following contents:
a) Full name and address of the representatives
signing the contract;
b) Scale and area of shared parts both inside and
outside the apartment building which should be managed and operated;
c) Contents and requirements concerning quality,
quantity, time and place of provision of management and operation services;
d) Prices of management and operation services per
m2 of usable area; and method of payment of fees;
dd) Duration of the service contract;
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g) Rights and obligations of the parties; responsibilities
of the parties for cooperation; and resolution of disputes regarding the
content of the contract;
h) Other relevant agreements;
i) Effect of the contract.
3. The acceptance, payment, finalization and
liquidation of the apartment building management and operation service contract
shall be carried out under as the contract and the civil law.
Article 30. Prices of
apartment building management and operation services
1. The price of apartment building management and
operation service shall be determined as prescribed in Article 106 of the Law
on Housing depending on each type of apartment building by reaching agreement
with the operator. If the apartment building has been transferred and put into
use but the first apartment building meeting has not been held, the price of
management and operation service shall be decided by the investor and specified
in the contract for sale and purchase or lease purchase of an apartment. After
the apartment building meeting is held, the service price shall be determined
by the apartment building meeting by reaching agreement with the operator.
2. The service price is expressed in Vietnamese
dong per m2 of usable area of an apartment or other areas in an
apartment (determined based on the carpet area).
3. Regarding mixed-use apartment buildings, the
price of management and operation service applicable to the office, services or
commercial areas and privately owned areas used as car parking lots shall be
determined following the principles below:
a) The price of management and operation service
applicable to the office, services or commercial areas shall be agreed upon by
the parties on the basis of the business activities, services or offices and of
each location in the apartment building;
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c) If the parties fail to reach agreement to the
service price prescribed in Points a and b of this Clause, the service price
shall be determined according to the service price brackets published by the
People's Committee of the province where the apartment building is located.
4. The apartment building operator shall determine
and collect fees for management and operation of the apartment building from
owners and occupants on the basis of the fees determined in this Article.
Article 31. Fees for
management and operation of apartment buildings
1. Apartment building owners and occupants shall
pay fees for apartment building management and operation on a monthly or
periodic basis (including the case in which apartments or other areas in the
apartment building have been transferred but have not been used) so as for the
operator to perform the tasks mentioned Clause 1 Article 10 of this Regulation.
2. The fees for apartment building management and
operation equals are calculated by multiplying the price of management and
operation service prescribed in Article 30 of this Regulation and the usable
area (m2) of the apartment or of areas other than apartments in the
apartment building.
3. The usable area of an apartment or other area
other than an apartment in the apartment building used as the basis for
calculation of the fees for management and operation is prescribed as follows:
a) If a Certificate of Land Use Rights, Ownership
of House and Property on Land (hereinafter referred to as “the Certificate”)
has been issued, the area recorded in the Certificate shall be used as the
basis for calculation of the management and operation fees;
b) If the Certificate has not been issued, the
owner’s privately owned usable area (which is the carpet area determined as
prescribed in Clause 2 Article 101 of the Law on Housing) shall be used as the
basis for determination of the fees for management and operation. Such area is
specified in the contract for sale and purchase or lease purchase of an
apartment or determined according to actual measurements.
4. Regarding state-owned apartment buildings, the
fees for management and operation are collected on the basis of the service
price prescribed in Point a Clause 5 Article 106 of the Law on Housing.
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Article 32. Principles of
maintenance of apartment buildings
1. Apartment building owners shall maintain the
privately owned parts and pay fees for maintenance of the apartment building
parts under shared ownership to maintain the residential housing quality and
ensure safety during use.
2. The maintenance of the privately owned parts
must not affect the privately owned parts of other owners and the works or
equipment under shared ownership or for shared use of the apartment building.
3. The maintenance of the shared parts of
residential apartment buildings and mixed-use apartment buildings in which the
shared parts of the apartment section are not separated from those of the
office, services and commercial section shall be carried out according to the
maintenance plan approved by the apartment building meeting and procedures for
maintenance of the block or the procedures for maintenance of equipment which
have been established under this Regulation.
4. The maintenance of the shared parts of
residential apartment buildings and mixed-use apartment buildings in which the
shared parts of the apartment section are not separated from those of the
office, services and commercial section shall be carried out following the
principles below:
a) For the shared parts of the apartment section
and shared parts of the whole bock, the owners shall carry out maintenance
according to the plan approved by the apartment building meeting and the established
procedures, except where there is unexpected damage caused by a natural
disaster or fire;
b) For the shared parts of the office, services and
commercial section, the owners of such section shall carry out maintenance
according to the procedures maintenance of the block and the procedures for
maintenance of the equipment which have been formulated according to
regulations.
5. The maintenance of the shared parts of an
apartment building complex shall be carried out by the owners and occupants of
such apartment building complex.
6. The owners and the management board are only
permitted to hire individuals or units that are qualified to carry out
maintenance.
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1. The plan for maintenance of apartment building
parts under shared ownership is approved by the apartment building meeting to
apply to the cases prescribed in Clause 3 and Point c Clause 4 Article 32 of
this Regulation.
2. The investor shall prepare a maintenance plan
and report it to the first apartment building meeting for approval; for the
forthcoming apartment building meetings, the management board shall cooperate
with the operator or a qualified unit to prepare a maintenance plan and report
it to the apartment building meeting for approval.
3. The plan for maintenance of apartment building
parts under shared ownership applicable to the cases prescribed in Clause 3 and
Point a Clause 4 Article 32 of this Regulation shall be prepared and approved
according to the procedures for maintenance of the construction parts of the
block and the procedures for maintenance of the equipment provided by the
investor and condition of the apartment building parts under shared ownership.
4. The plan for maintenance of apartment building
parts under shared ownership applicable to the cases prescribed in Clause 3 and
Point a Clause 4 Article 32 of this Regulation shall contain the following:
a) Items to be maintained in the year and expected
to be maintained for the next 03 to 05 years; and items expected to undergo
irregular maintenance in the year (if any);
b) Time and schedule for implementation for each
item which needs to be maintained in the year;
c) Proposed fees for maintenance of each
maintenance item;
d) Responsibility of the owners for supporting and
facilitating maintenance in relation to the areas which need to be maintained;
responsibility of the apartment building management board for inspecting,
supervising and commissioning the maintenance work;
dd) Other relevant contents.
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1. Maintenance of the items and areas under shared
ownership prescribed in Points a and b Clause 2 Article 100 of the Law on Housing.
2. Maintenance of the shared equipment of the
apartment building including elevators, generators, water pumps, ventilation
system, system for supply of power for lighting and domestic purposes,
electrical equipment for shared use, water supply and drainage system, gas
supply system, central heating system, broadcasting and television,
communications, fire-fighting and prevention, lightning rods and other
equipment for shared use in the apartment building.
3. Maintenance of the external technical infrastructure
system connected with the apartment building; public works prescribed in Point
d Clause 2 Article 100 of the Law on Housing.
4. Dealing with wastewater blockages, periodic
pumping of septic tanks; cultivation of microorganisms in the drainage system
of the apartment building.
5. Other apartment building items under shared
ownership of the apartment building owners as agreed in the contracts for sale
and purchase or lease purchase of an apartment or prescribed in the law on
housing.
Article 35. Signing
maintenance contracts and carrying out maintenance of apartment building parts
under shared ownership
1. The apartment building management board or
owners of the office, services and commercial section shall select and sign a
maintenance contract according to the following regulations:
a) For the construction parts of the block, the
operator (if the apartment building has an operator having the capability for
maintenance) is hired to carry out maintenance; if the department building does
not require an operator or has one but such operator does not have capability
for maintenance, another unit is hired to carry out maintenance;
b) For the shared equipment, the operator may be
hired or authorized to hire the equipment supplier or another unit having
capability for maintenance of such equipment to carry out maintenance. If
equipment needs replacing, the equipment supplier must provide a warranty of
the product for the warranty period stipulated by the manufacturer; upon
expiration of the warranty period, the maintenance or replacement shall be
carried out in accordance with this Point.
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3. The maintenance contract is made and signed by
the apartment building management board or the owner of the office, services
and commercial section and the unit carrying out maintenance in accordance with
law. If an apartment building does not require a management board, the
representative of the owners managing the apartment building shall sign the
contract with the unit having the capability for maintenance.
4. Upon finishing the maintenance work, the parties
shall organize commissioning of the maintenance work. Payment and finalization
of the maintenance fees shall be carried out under the contract and stated in
invoices and vouchers in accordance with law.
Article 36. Opening accounts
for management, transfer and management of fees for maintenance of shared parts
of multiple-owner apartment buildings
1. The investor shall open an account at a credit
institution operating in Vietnam to temporarily manage fees for maintenance of
the shared parts of the multiple-owner apartment building in accordance with
the Government’s Decree 99/2015/ND-CP dated October 20, 2015 (hereinafter
referred to as “Decree No. 99/2015/ND-CP”).
2. For the residential apartment buildings and
mixed-use apartment buildings in which the shared parts of the apartment
section are not separated from those of the office, services and commercial
section, after the first apartment building meeting is held, the account opening,
and the transfer and management of fees for maintenance of the shared parts
shall be carried out as follows:
a) 36
The apartment building management board shall open a special-purpose deposit account
at a credit institution currently operating in Vietnam to manage and use fees
for maintenance of the shared parts of the apartment building block;
b) The investor shall, within 07 working days from
the date on which the management board submits the written request for transfer
of maintenance fees, transfer the maintenance fees collected from the
purchasers and the lease purchasers and the maintenance fees payable by the
investor for the areas that are retained not for sale or lease purchase or have
not been sold or lease purchased as prescribed in Point b Clause 1 Article 108
of the Law on Housing to the account opened by the management board as
prescribed in Point a of this Clause for management and use in accordance with
law;
c) 37
The holder of the deposit account for fees for maintenance of residential
apartment buildings may be a single member or several members of the management
board in the name of the co-holders.
The co-holders of the deposit account for fees for maintenance
of mixed-use apartment buildings shall include at least 03 members of the
management board. The maximum number of members shall be decided by the
apartment building meeting. These co-holders shall be composed of at least 01
representative of the owner of the apartment section, 01 representative of the
owner of another area (if any), 01 representative of the investor (if any) and
some members (if any) decided by the apartment building meeting.
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3. For the residential apartment buildings and
mixed-use apartment buildings in which the shared parts of the apartment
section are not separated from those of the office, services and commercial
section, after the first apartment building meeting is held, the account
opening, and the transfer and management of fees for maintenance of the shared
parts shall be carried out as follows:
a) 38
The apartment building management board shall open a special-purpose deposit
account at a credit institution currently operating in Vietnam to manage and
use fees for maintenance of the shared parts of the apartments and fees for
maintenance of the shared parts of the entire apartment building block;
b) The term of deposits and holder of the deposit
account for the maintenance fees prescribed in Point a of this Clause shall be
determined as in the case of residential apartment buildings prescribed in
Point c Clause 2 of this Article;
c) The owner of the area of the office, services
and commercial section shall themself manage the fees retained as prescribed in
Point b Clause 4 of this Article for maintenance of the shared parts of such
section;
d) The transfer of fees for maintenance of the
shared parts of the apartment building prescribed in this Clause shall be
carried out as prescribed in Clause 4 of this Article.
4. The transfer and management of the maintenance
fees in the case prescribed in Clause 3 of this Article shall be subject to the
following regulations:
b) The investor shall, within 07 working days from
the date on which the management board submits the written request for transfer
of maintenance fees, transfer the maintenance fees collected from the
purchasers and the lease purchasers and the maintenance fees payable by the
investor for the area of apartments that are retained not for sale or lease
purchase or have not been sold or lease purchased as prescribed in Point b
Clause 1 Article 108 of the Law on Housing to the account opened by the
management board as prescribed in Point a Clause 3 of this Clause for
management and use in accordance with law;
b) 39
For the maintenance fees payable by the investor for the office, services and
commercial areas, the investor shall transfer such fees at the rate agreed with
the purchasers and lease purchasers in the contracts for sale and purchase or
lease purchase of an apartment prescribed in Clause 5 Article 108 of the Law on
Housing to the account opened by the management board as prescribed in Point a
Clause 3 of this Article for management and maintenance of the shared parts of
the whole block; for the remaining fees, the investor is entitled to manage and
use them as prescribed in Point c Clause 3 of this Article.
The aforementioned maintenance fees may be
calculated according to the percentage (%) of the floor area of each dedicated
section in an apartment building divided (:) by the gross floor area of such
apartment building.
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6. The transferor and the transferee of the fees
for maintenance of the apartment building parts under shared ownership
prescribed in this Article shall follow procedures for finalization of the such
fees before transfer of the fees. Documents concerning finalization of the fees
for maintenance of the shared parts include:
a) Record of determination of the areas and equipment
under shared ownership of the apartment building in accordance with the Law on
Housing;
b) Record of determination of the total fees for
maintenance which have been collected in accordance with regulations of law on
housing specifying the amount of money already collected from the purchasers
and the lease purchasers and the amounts payable by the investor in accordance
with regulations; the name and number of the account and place of opening of
the deposit account for the maintenance fees currently managed by the investor;
c) List of maintenance works of the shared parts
which have been performed by the investor enclosed invoices and vouchers
proving the amount of money for maintenance paid to the unit carrying out
maintenance and the remaining maintenance fees after deducting the amount of
fees used by the investor for the maintenance works (if any).
If the maintenance works require warranty and are
still under warranty as prescribed in the Law on Housing, the investor is not
permitted to deduct the amount of money for such works from the amount of
maintenance fees to be transferred to the apartment building management board.
7. 40
(annulled)
8. 41
(annulled)
Article 37. Use of funds for
maintenance of shared parts of multiple-owner apartment buildings
1. The fees maintenance of the shared parts of an
apartment building block may be only used for maintenance of the shared parts
of such block. The apartment building management board is only entitled to use
the fees for maintenance of the apartment building parts under shared ownership
for the items prescribed in Article 34 of this Regulation. If the apartment
building has to be demolished, the remaining fees for maintenance shall be used
to support relocation or shall be included in the fees for maintenance of the
shared parts of the new apartment building after the apartment building is
re-constructed.
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3. If it is required to open an account for
management of the maintenance fees prescribed in Point a Clause 3 Article 36 of
this Regulation, the apartment building management board and the investor shall
agree to divide the fees into ones to be used for maintenance of the shared
parts of the whole block and ones to be used for maintenance of the shared
parts of the apartment section.
When the shared parts of the apartment section
require maintenance, the management board is only entitled to use the divided
portion of fees as agreed for maintenance. If such fees are used in full, the
owners of the apartment section shall jointly make contribution. The divided
portion of fees for maintenance of the shared parts of the whole block may be
only used for maintenance of the shared parts of such whole block. If such portion
is used in full, the owners of the apartment section and the owners of the
office, services and commercial section shall jointly make contribution. The
investor and the apartment building management board may agree to open 02
different accounts for management of 02 portions of the fees prescribed in this
Clause.
4. The credit institution which is currently
managing the deposit account for the fees for maintenance of the apartment
building parts under shared ownership shall transfer money to the account of
the party carrying out maintenance within 03 working days from the date of
receipt of the application from the apartment building management board. The
application for transfer of money includes the following documents:
a) An application form of the management committee,
specifying the reason for transfer of money and the amount of money to be
transferred to the party carrying out maintenance;
b) Minutes of the management board meeting on
withdrawal of the maintenance fees;
c) Maintenance plan approved by the apartment
building meeting, except for the case of irregular maintenance;
d) Maintenance contract signed with an individual
or unit having capability for maintenance as prescribed by law.
5. In the case of performance of maintenance work with
a contract value within the limit for which the apartment building meeting
permitted withdrawal of cash as stated in the regulations on revenue and
expenses of the management board, after receipt of the application prescribed
in Clause 4 of this Article, the credit institution shall follow the procedures
for withdrawal of cash in order for the management board to make payment
directly to the party carrying out maintenance.
6. If unscheduled maintenance is required and the
payment for which is permitted according to regulations on revenue and expenses
of the management board, the management board shall send an application form
for transfer of money accompanied by the minutes of management board meeting on
withdrawal of money and the signed maintenance contract to the credit
institution where the deposit account for the maintenance fees is opened.
According to the application, the credit institution shall transfer money to
the party carrying out maintenance within 03 working days. The transfer of
money to an account or payment in cash shall be made in accordance with Clause
4 or 5 of this Article.
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a) In the case of maintenance for the shared parts
of the entire apartment building complex, the fees for maintenance of the
shared parts of each block in the complex shall be equally deducted for
maintenance;
b) In the case of maintenance of the shared parts
of several blocks in the complex, the fees for maintenance of the shared parts
of the relevant blocks shall be equally deducted for maintenance;
c) The deduction from fees for maintenance of the
snared parts prescribed in Points a and b of this Clause shall be made as
prescribed in Clauses 4, 5 and 6 of this Article.
Section 5. RIGHTS AND
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR MANAGEMENT AND USE OF
APARTMENT BUILDINGS
Article 38. Rights and
responsibilities of investors
143.
Carry out management and operation of the apartment building as prescribed in
Clause 2 and Point b Clause 3 Article 27 of this Regulation. If the investor
fails to have the function and capability for management and operation or has
such function and capability but does not participate in management and
operation of the apartment building, such investor may introduce another unit
which has such function and capability for management and operation in
accordance with Clause 2 Article 105 of the Law on Housing and in order for the
apartment building management board to consider selecting an unit to carry out
management and operation of the apartment building.
2. Collect fees for maintenance of the apartment
building parts under shared ownership in as prescribed in Articles 108 and 109
of the Law on Residential Housing and Decree No. 99/2015/ND-CP, and transfer
them to the apartment building management board in accordance with regulations
of law on residential housing and this Regulation.
344.
Preside over the first apartment building meeting and appoint a person to
participate in the apartment building management board and to vote at the
apartment building meetings in accordance with this Regulation if the investor
still owns the apartment(s) and other areas in the apartment building.
4. Transfer the systems of infrastructure outside
the apartment building to the local line management agency in accordance with
law; and to prepare apartment building dossiers and transfer them to the
apartment building management board in accordance with this Regulation.
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6. Maintain their privately owned parts; provide
compensation if the maintenance or failure to carry out maintenance causes
damage to other owners.
7. Request the competent authority to handle
infringements of assets under their legal ownership or acts obstructing legal
business as stated in contents of the approved project. The competent authority
shall handle the violations committed by organizations and individuals in
relation to the assets or legal business activities of the investor.
8. Cooperate with the apartment building management
board to resolve difficulties that arise from management and use of the
apartment building.
9. Purchase compulsory fire and explosion insurance
in accordance with regulations of law on fire fighting and prevention and law
on insurance business.
10. Provide compensation for damage to the
aggrieved party as agreed or prescribed by law; comply with the competent
authority’s decision on handling and imposing penalties for violations.
11. Other rights and responsibilities prescribed by
law.
Article 39. Rights and
responsibilities of apartment building owners
1. Regarding multiple-owner apartment buildings,
owners have the following rights and responsibilities for managing and using
the apartment buildings:
a) Reserve the right to own or use their privately
owned parts; to use the shared parts in accordance with regulations of law on
residential housing and this Regulation. Take responsibility for maintaining
the privately owned parts in accordance with regulations of law on housing and
this Regulation; for providing compensation for damage to caused by the
maintenance work or failure to carry out maintenance other owners;
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c) Request the investor, the operator or the
apartment building management board to provide information or publish contents
relating to management and use of the apartment building;
d) Fully comply with the decisions of the apartment
building meetings even if they do not participate in such meetings; comply with
the competent authority’s decisions to handle and impose penalties for
violations;
dd) Fully and punctually pay fees for management
and operation of the apartment building, fees for maintenance of the shared
parts and other charges and fees under regulations of law or agreement with the
service provider.
Any owner that fails to pay fees for management and
operation in accordance with regulations shall be dealt with under the
apartment building management and operation services signed between the
apartment building management board and the operator;
e) Comply with the internal rules and regulations
on management and use of the apartment building; discover and promptly notify
violations arising from management and use of the apartment building the
operator or the competent authority;
g) Enable and assist the licensed unit to carry out
maintenance of the shared parts in accordance with regulations;
h) Restore the status quo and provide compensation for
damage caused to the areas or equipment under shared ownership or to a
privately owned area or equipment of another owner; to be dealt with in
accordance with regulations law and to provide compensation for damage for the
acts obstructing the legal business activities of the owners of the office,
services and commercial section;
i) Purchase compulsory fire and explosion insurance
in accordance with regulations of law on fire fighting and prevention and law
on insurance business;
k) Comply with other relevant regulations of law.
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Article 40. Rights and
responsibilities of occupants other than apartment building owners
1. Use the privately owned parts and shared parts
of the apartment building in accordance with regulations of law on housing and
this Regulation.
2. Exercise the rights and obligations as agreed
upon with the owner if the occupant is not the owner.
3. Participate in apartment building meetings (in
the case of single-owner apartment buildings); or participate in and vote at
apartment building meetings on behalf of the owner if the owner does not
participate in such meetings (in the case of multi-owner apartment buildings);
if multiple persons jointly use a single apartment or other area of the
apartment building, one person is authorized to act as a representative to
participate in and vote at apartment building meetings.
4. Exercise the relevant rights and
responsibilities prescribed in Points b, c, d, dd, e, g, h and k Clause 1
Article 39 of this Regulation.
Article 41. Rights and
responsibilities of apartment building management boards
1. The management board of a multiple-owner
apartment building may exercise the rights and responsibilities prescribed in
Clause 1 Article 104 of the Law on Housing and the following rights and
responsibilities:
a) Receive, archive and manage apartment building
dossiers; and provide a set of the dossiers transferred by the investor to the
operator in the case where the apartment building requires an operator as
prescribed in Clause 2 Article 5 of this Regulation, unless the investor is
also the operator;
b) Prepare contents of and hold apartment building
meetings in accordance with this Regulation; publish contents of the signed
management and operation contract and the signed maintenance contract at the
apartment building meeting;
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d) Exercise rights on behalf of the owner to the
apartment building parts under shared ownership in accordance with the Law on
Housing and this Regulation; do not incite other persons to cause disorder or
loss of security within the apartment building;
dd) Be responsible to the apartment building owners
for the assigned tasks; and comply with the operating regulations and
regulations on revenue and expenses of the management board;
e) Request the competent authority to hold an
apartment building meeting and recognize the apartment building management
board under this Regulation; hold an apartment building meeting to decide to
replace the operator if such operator is no longer eligible to manage and
operate the apartment building under this Regulation;
g) Request the competent authority to deal with the
case where the investor fails to transfer the apartment building dossiers or
fees for maintenance of the apartment building parts under shared ownership in
accordance with regulations;
h) Transfer dossiers, books and documents under its
management to the new management board after the latter is recognized;
i) Any member of the management board violating
this Regulation and relevant regulations of law shall, depending on the
seriousness of the violation, be dealt with according to this Regulation or
shall face a penalty for an administrative violation or a criminal prosecution
and shall provide compensation for damage caused to the aggrieved party;
k) 45
The management board shall cooperate with the People’s Committee of the commune
where the apartment building is located in exercising its rights and
responsibilities for management, use and operation of apartment buildings in
accordance with the Law on Housing and this Regulation; abiding by decisions
issued by competent authorities and exercising other rights and
responsibilities;
l) Exercise other rights and responsibilities
stipulated in the operating regulations and regulations on revenue and expenses
of the management board adopted by the apartment building meeting and
prescribed in this Regulation.
2. The management board of a single-owner apartment
building may exercise the rights and responsibilities prescribed in Clause 2
Article 104 of the Law on Housing and the relevant rights and responsibilities
enshrined in Points a, b, dd, e, g, h, i, k and 1 Clause 1 of this Article.
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1. Manage and operate the apartment building in
accordance with this Regulation and the signed management and operation service
contract with the apartment building management board or the representative
managing the apartment building (in the case of apartment buildings which do
not require a management board); and maintain the apartment building parts
under shared ownership under the maintenance contract if it has the capability
for maintenance.
2. Sign sub-contracts with service providers (if
any) with respect to management and operation of the apartment building; supervise
the provision of services by such providers.
3. Notify in writing the collection and payment of
relevant fees; notify important requirements and contents to apartment building
occupants if such unexpected event as a natural disaster, disease or fire
occurs; provide guidance on installation of equipment in the privately owned
parts of owners.
4. Collect fees for management and operation of the
apartment building as agreed with the apartment building owners and occupants;
collect fees and pay remuneration to members of the apartment building
management board under a decision of the apartment building meeting.
5. Every 06 months or at the request of the
competent authority, notify the management and operation of the apartment
building to the apartment building management board; notify the management and
operation at the apartment building meeting; collect comments from occupants on
the provision of apartment building management and operation services.
6. Cooperate with the apartment building management
board to resolve other relevant issues during management and operation of the
apartment building.
7. Comply with the competent authorities’ decisions
on handling and imposition of penalties for violations.
8. Exercise other rights and responsibilities as stipulated
in the apartment building management and operation service contract or as
prescribed by relevant regulations of law.
Chapter IV
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Article 43. Resolution of
disputes
1. Disputes over ownership of an apartment building
shall be resolved on the basis of negotiation or conciliation in accordance
with regulations of law on residential housing, this Regulation and relevant
law; in case the negotiation or conciliation fails, a People's Court is
requested to resolve it according to law.
2. Disputes over the fees for management and
operation of an apartment building, and transfer, management and use of fees
for maintenance of apartment building parts under shared ownership shall be
resolved by the People's Committee of the province where the apartment building
is located; in the case of disagreement with the decision of the provincial
People's Committee, a People's Court may be requested to resolve the dispute in
accordance with law.
346.
Disputes between members of the management board shall be resolved in
conformity with the management board’s operating regulations ratified by the
apartment building meeting.
If a member of the management board or the
management board is dismissed, discharged or replaced but fails to transfer the
seal, the newly established management board reserves the right to request the
competent seal registration and issuance agency to revoke and transfer or annul
the previous seal registration in order to carry out procedures for
registration and issuance of a new seal in conformity with regulations on
issuance, registration and management of seals to that newly established
management board.
If a member of the management board or the
management board is dismissed, discharged or replaced but fails to transfer the
account for management of fees for maintenance of shared parts of the apartment
building or the account for management of operation of the management board,
the newly established management board reserves the right to request the credit
institutions where such accounts are opened to freeze such accounts and
terminate all of transactions related to the dismissed, discharged or replaced
management board, and carry out procedures for transferring such accounts to
the newly established management board in conformity with regulations hereof
and relevant regulations of law.
4. Disputes between the apartment building
management board and an apartment building owner or occupant over election,
dismissal, discharge or replacement of a member of the apartment building
management board shall be resolved by negotiation. If the negotiation fails, an
apartment building meeting may be held to resolve such disputes.
5. Disputes over a apartment building management
and operation service contract between the service provider and the operator
shall be resolved under the agreement between the parties; in the case of
failure to reach an agreement, a People's Court may be requested to resolve
such disputes in accordance with law.
Article 44. Handling of
violations
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2. If an apartment building meeting is not held
under this Regulation, the decisions or results of such apartment building
meeting are not recognized and an apartment building meeting must be held to
re-make decisions.
3. Where management board does not make decisions
in accordance with the operating regulations or regulations on revenue and
expenses, such decisions are not recognized.
4. Any person abusing his/her position and power or
any apartment building owner or occupant violating the regulations on
management and use of the apartment building shall, depending on the
seriousness of the violation, face a penalty for an administrative violation or
criminal prosecution.
5. Any person committing a violation and causing
damage must provide compensation for such damage in accordance with law.
Chapter V
TRANSITIONAL CLAUSES
Article 45. Transitional
regulations on operating model of management committee and management of fees
for maintenance of apartment building parts under shared ownership
1. For apartment buildings for which a management
board has been established before the effective date of this Regulation but the
management board has a need for reorganization of the operating or change in
the number of the members or composition of the management board in accordance
with the Law on Housing and this Regulation or separation from or merger into a
management board, an apartment building meeting must be held to elect a
management board in accordance with this Regulation.
2. For apartment buildings for which a management
board has been established before the effective date of this Regulation and the
management board has had operating regulations and regulations on revenue and
expenses but such regulations do not comply with this Regulation or does not
have operating regulations or regulations on revenue and expenses as prescribed
in this Regulation, the management board must make or amend such regulations
and notify the apartment building board for passing in accordance with this
Regulation.
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4. Where the fees for maintenance of the apartment
building parts under shared ownership have been transferred before the
effective date of this Regulation, such fees shall be managed and used in
accordance with the law on housing and this Regulation. The management board
and the investor may agree to re-open a deposit account for management of the
fees for maintenance of the apartment building parts under shared ownership in
accordance with this Regulation but must notify to the forthcoming apartment
building meeting thereof.
5. 47
From the effective date of this Circular, if the investor fails to transfer the
apartment building dossier, the documents included in the apartment building
dossier to be transferred are specified in Point a Clause 3 Article 5 of this
Regulation.
Article 46. Transitional
provisions on management and operation of apartment buildings
1. Apartment buildings which currently has an operator
but which do not require an operator as prescribed in the Law on Housing, an
apartment building meeting shall be held to decide whether or not the service
contract signed with the operator is terminated.
2. 48
(annulled)
3. 49
(annulled)
Chapter VI
IMPLEMENTATION
Article 47. Responsibilities
of the provincial People's Committees and Departments of Construction
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a) provide guidance on implementation of this
Regulation within their provinces; promulgate specific regulations and guidance
on management and use of apartment buildings for application within their
provinces according to local conditions and this Regulation;
b) organize dissemination of the regulations on
management and use of apartment buildings within their provinces;
c) issue price brackets for apartment building
management and operation services prescribed in Clause 5 Article 10 of the Law
on Housing;
d) organize enforced collection of fees for
maintenance of apartment building parts under shared ownership in accordance
with the law on housing and this Regulation;
dd) direct local competent authorities to receive
facilities and infrastructure in investment projects for construction of
residential housing in accordance with the content of the project approved by
and the written approval for investment guidelines issued by the competent
agency;
e) consider making decisions on management of
residents in each block or apartment building complex in accordance with law;
g) carry out inspections and handle violations
within their power or propose the competent authority to handle violations of
the regulations on management and use of apartment buildings in accordance with
law;
h) Assume other responsibilities prescribed by law.
2. Departments of Construction shall assist the
provincial People's Committees to exercise the function of state administration
of management and use of apartment buildings within their provinces; report to
the Ministry of Construction the management and use of apartment buildings in
their provinces every 06 months or on an annual basis or upon request.
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A district-level People’s Committee has the
responsibility to:
1. Report to the provincial People's Committee for
its decision on delegation of responsibilities for administrative management in
areas where apartment buildings are located, and resolve difficulties within
its power.
2. 51
Decide or authorize the People's Committee of the commune where the apartment
building is located to recognize the apartment building management board in
accordance with this Regulation; receive the transferred apartment building
dossier as prescribed in Point d Clause 3 Article 5 of this Regulation.
3. Inspect the management and use of apartment
buildings; handle violations of the regulations on management and use of
apartment buildings in their district within its power or request a competent
authority to do so.
4. Assume other responsibilities delegated by the
provincial People’s Committee and prescribed by law.
Article 49. Responsibilities
of the communal People's Committees52
A communal People’s Committee has the
responsibility to:
1. Disseminate and encourage organizations and
individuals to comply with regulations of this Regulation and law on management
and use of apartment buildings.
2. 53
Cooperate with management boards of local apartment buildings in supervising,
inspecting and resolving difficulties that arise from the management and use of
apartment buildings or report them to the district-level People’s Committee for
consideration.
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4. 54
Organize and attend apartment building meetings in accordance with this
Regulation; decide to recognize management boards of apartment buildings as
assigned by the district-level People Committee.
5. Assume other responsibilities prescribed by law.
Article 50. Responsibilities
of Management Agency for Housing and Real-estate Market
1. Provide guidance on and expedite the
implementation of this Regulation.
2. Inspect the management and use of apartment
buildings nationwide and recommend a competent authority to handle violations
of the regulations on management and use of apartment buildings.
3. Cooperate with relevant agencies to provide
training in and dissemination of regulations of law on management and use of
apartment buildings nationwide.
4. Consolidate comments of organizations and
individuals on difficulties arising and propose appropriate amendments to this
Regulation.
5. Undertake other tasks relating to management and
use of apartment buildings as prescribed in this Regulation or as directed by
the Minister of Construction.
Difficulties that arise during the implementation of
this Regulation should be promptly reported to the Ministry of Construction for
instructions and appropriate amendments./.
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APPENDIX 01:
SAMPLE INTERNAL RULES FOR MANAGEMENT AND USE OF
APARTMENT BUILDINGS55
(Enclosed with the Circular No. 02/2016/TT-BXD dated February 15, 2016 of
the Minister of Construction)
INTERNAL RULES
FOR MANAGEMENT AND USE OF APARTMENT BUILDINGS
Article 1. Regulations applicable to owners,
occupants, temporary residents and guests of apartment buildings
1. Apartment building owners shall strictly comply
with the Regulation on management and use of apartment buildings promulgated by
the Ministry of Construction and these internal rules.
2. Every guest of an apartment building shall
register and present his/her identity document at the front desk (if any) or at
the security booth, and follow the instructions of the apartment building’s
receptionist or security guard. Where necessary, the receptionist or security
guard of the apartment building may keep the identity document for the purpose
of ensuring security and safety of the apartment building. At an office,
services and commercial section, this identity document is not required.
3. Every temporary resident in an apartment
building shall register at the front desk (if any) or at the security booth and
assume the responsibility to follow the procedures for registration of
temporary residence at the police authority of ward in compliance with current
regulations.
4. Occupants and temporary residents shall be
responsible to the law for any violations against the Regulation on management
and use of apartment buildings and these internal rules.
5. Regulations applicable to employees working at
office, service and commercial sections shall be additionally imposed by the
investor and the apartment building meeting in a manner that is appropriate to
each apartment building.
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1. Prohibited acts in management and use of
apartment buildings are specified in Article 6 of the Law on Housing No.
65/2014/QH13 and Article 35 of the Government's Decree No. 99/2015/ND-CP
providing instructions on the implementation of a number of Articles of the Law
on Housing dated October 20, 2015 and relevant regulations of law.
2. Other acts exerting adverse influence on the
community and occupants in apartment buildings shall be subject to the
consideration and decision by an apartment building meeting.
Article 3. Regulations on use of shared parts of
apartment buildings
Owners, occupants and guests of an apartment
building must comply with the following regulations:
1. Use elevators and equipment for shared use for
their intended purposes.
2. Do not cause damage to or commit violations
against regulations on use of shared property of the apartment building.
3. Comply with parking regulations at designated
parking areas.
4. Use the community house for its intended
purposes under the Law on Housing.
5. Comply with fires safety regulations.
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Article 4. Regulations on damage repair,
replacement or installation made in apartments or other privately-owned areas
1. If there is damage to an apartment or other
privately-owned areas, the owner or the occupant is entitled to carry out
repair or replacement provided that such repair or replacement does not cause
damage to the shared parts and influence other owners.
2. The replacement, repair or installation of
equipment must not change, deform or damage the structure of the apartment
building.
3. The replacement or repair of damage to shared
equipment attached to an apartment or other privately-owned area must be
carried out in compliance with the Regulation on management and use of
apartment buildings promulgated by the Ministry of Construction provided that
such replacement or repair does not affect the privately owned parts of other
owners. The owner must notify damage to the management board or the operator of
the apartment building in order to carry out timely repair or replacement and
facilitate such repair or replacement.
4. If there is any damage to equipment of the
shared parts of the office, services and commercial section of the apartment
building, the owner of that section shall carry out repair or replacement in
accordance with the Regulation on management and use of apartment buildings
promulgated by the Ministry of Construction.
5. The movement of equipment or appliances from an
apartment or the movement of materials in course of damage repair must be
notified to the management board or the operator of the apartment building.
Such movement must be only made from 08:00 to 18:00 every day in order to avoid
affecting activities of the apartment building.
6. Comply with other regulations (if any) additionally
imposed by the apartment building meeting in a manner that is appropriate to
each apartment building.
Article 5. Regulations on emergency response in
apartment buildings
1. In the event of an emergency that may threaten
life and safety of property in an apartment building, the owner or occupant in
that apartment building must promptly report such emergency to the management
board or the operator of the apartment building for handling.
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Article 6. Regulations on disclosure of
apartment building-related information
1. The management board or operator of an apartment
building must disclose information concerning the management and use of the
apartment building on news or bulletin board or by other communication means of
that apartment building.
2. Fire safety rules and elevator safety rules must
also be posted at designated places for convenient and safe use.
Article 7. Rights and obligations of owners and
occupants of apartment buildings
1. Request the management board and the operator of
each apartment building to provide information and contents concerning the
management and use of that apartment building.
2. Apartment owners must pay fire and explosion
insurance premiums as prescribed by law.
3. Strictly comply with these internal rules and
Regulation on management and use of apartment buildings promulgated by the
Ministry of Construction.
4. Fully and punctually pay fees for management and
operation of the apartment building and other fees as prescribed by law and
agreed upon with service providers.
Article 8. Handling of violations
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2. Every member of the management board, operator,
owner, occupant, temporary resident and guest of the apartment building must
strictly comply with decisions on imposition of penalties for violations issued
by the competent authorities.
APPENDIX 02:
MODEL SERVICE CONTRACT FOR APARTMENT BUILDING
MANAGEMENT AND OPERATION
(Enclosed with the Circular No. 02/2016/TT-BXD dated February 15, 2016 of
the Minister of Construction)
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APARTMENT
BUILDING MANAGEMENT AND OPERATION 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;
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Pursuant to the Circular No. 02/2016/TT-BXD
dated February 15, 2016 of the Minister of Construction promulgating Regulation
on management and use of apartment buildings;
For the purpose of meeting demands of the two
parties.
The two parties have agreed to sign the contract
as follows:
Party A: Apartment building management board or
representative managing the apartment building (hereinafter referred to as
“Party A”)
Business name
:
Representative
:
Address
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Account No.
:
At:
Fax
:
Party B: Apartment building operator
(hereinafter referred to as “Party B”)
Business name
:
Representative
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Address
:
Phone number
:
Account No.
:
At:
TIN
:
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:
Website (if any)
:
Today, on……, the two parties have agreed to sign
this service contract with the following terms and conditions:
Article 1. Definitions
For the purposes of this contract, the terms below shall
be construed as follows:
1. “management board, representative managing the
apartment building” means the management board of the apartment building or
representative managing the apartment building…………. (56),
address….. , abbreviated as Party A.
2. “apartment building operator” means .... (57),
abbreviated as Party B.
3. “Days and months” means calendar days and
calendar months unless otherwise agreed upon by the two parties.
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5. “work” means any service performed by Party B as
prescribed in Article 3 of this contract.
6. “customers/residents” means owners of
apartments, owners of other areas in the apartment building and legal occupants
of the apartment building.
7. “property” means all equipment and
infrastructure associated with the apartment building.
8. “surplus” means the accumulated difference
between the building's revenues minus (-) the expenses incurred during the
operation of the building (excluding the expenses taken from the maintenance
fund).
Article 2. Characteristics of apartment building
Party B undertakes to perform services for
management and operation of the apartment building with following
characteristics:
1. Name of the apartment building/apartment
building complex(58):
2. Type of the apartment building (59):
3. Location of the apartment building:
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5. Amenities of apartment building owners and
occupants:
Article 3. Apartment building management and
operation work
1. Party A agrees to hire Party B to carry out the
following apartment building management and operation work at the address….as
follows (60):
a) Formulate and implement a plan for apartment
building management and operation;
b) Set up a machinery for management and operation
and provide personnel; control the management and operation process according
to the plan through the control unit of the management office on a periodic and
regular basis;
c) Establish and adjust the management and
operation procedures and forms suitable for characteristics of the apartment
building and apply them to management of the apartment building;
d) Control and ensure public security and order,
deal with environmental issues, carry out maintenance of technical systems
(electricity, water, pumps, generators, elevators, escalators, communications,
etc.) and other services of the apartment building;
dd) Proactively make contact and cooperate with
service providers and assist residents in registering services concerning
domestic water, TV, Internet, telephone, etc.;
e) On behalf of Party A, manage, update and publish
prices of apartment building management and operation services (hereinafter
referred to as “the services”) and collect fees for management and operation of
the apartment building, service fees and domestic water use fees paid by owners
on a monthly basis, propose appropriate measures for collection of such fees to
Party A;
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h) Manage and operate technical system of the
apartment building; arrange technical staff’s work schedule at the apartment
building; monitor daily work by technical staff including items subject to
inspection as well as other repair work;
i) Carry out minor repair for equipment of the
apartment building: replacement of lights and switches in the shared areas.
Party B shall only cover labor and material costs of minor repairs (corridor
lights, switches, fixtures, etc.); Party A shall cover costs of replacement of
materials and equipment within the maintenance fund unless otherwise agreed by
the two parties;
k) On behalf of Party A, work with relevant
agencies and cooperate with local authorities in implementing regulations of
laws on public order, environmental hygiene and other movements;
l) Supervise residents complying with internal
rules for management and use of apartment buildings. Request and assist
residents to register temporary and permanent residence in the apartment
building; receive opinions and settle complaints from occupants concerning
management and use of the apartment building;
m) Organize periodic fire drills for management
board’s members, technical division, security force, sanitation division
(possibly including residents); cooperate with Party A in establishing regular
fire safety plans as prescribed to instruct customers/residents to take
necessary actions in case of emergency;
n) Select and sign service contracts with qualified
and reputable contractors to supply such services as security, bike and
automobile keeping, daily sanitation, ornamental plant care and insect control;
advise Party A on selecting and contracting qualified and reputable contractors
to provide other maintenance and repair services (if any), etc.;
o) Submit monthly and annual reports on the
management and expenses at the apartment building meeting;
p) Perform other work agreed upon by the parties:
2. Party B shall undertake to manage and operate and
provide services to the apartment building (apartment building complex) as
required by Party A in a manner that ensures good quality, safety,
environmental safety, fire safety according to applicable regulations.
The following criteria should be fulfilled: providing owners and occupants (if
any) with services that satisfy required standards and ensure quality, applying
all procedures and forms to handle work and safely operate the apartment
building (engineering, fire prevention and fighting, etc.), ensuring security
and maintaining good hygiene.
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4. In the event that Party B is sufficiently
competent to carry out maintenance of shared parts of the apartment building,
Party A shall consider deciding to sign a contract with Party B for maintenance
of the shared parts of the apartment building.
Article 4. Prices of apartment building
management and operation services, time and method of payment of management and
operation fees
1. Prices of apartment building management and
operation services:
Service
Price (dong/m2/month)(61)
Apartment building management and operation
services
Apartment building management and operation
services rendered at office, services and commercial section (if available)
...
...
...
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(if available)
Party B is entitled to collect other revenue from
operation of extra services in the apartment building (elevator advertising,
taxi parking spaces for hire, other revenue, etc.): as agreed upon by the
two parties.
2. Content of service prices includes (62):
a) Charges for electricity used for operation of shared
machinery, equipment and systems of the apartment building; charges for water
used in public areas and for plant watering; charges for oil used for operation
of standby generators in public areas; corridor lights, escape stair lights;
electricity for elevators, domestic water pumps and wastewater pumps, etc.;
b) Charges for security services (including combat
gears: walkie-talkies, flashlights, etc.,);
c) Charges for public hygiene services (including
tools, chemicals, etc.,); tree care, fertilizing and watering services;
periodic pest control; monthly domestic waste collection and treatment;
d) Charges for newspapers and books at the lobby;
charges for telephone, Internet and stationery serving the management board’s
activities; charges for making contact with local authorities upon request;
charges for decoration on the occasion of public holidays;
d) Charges for drain, ditch and septic tank
cleaning chemicals; charges for organizing annual internal fire drills;
...
...
...
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g) Charges for office equipment and furniture
(desks, computers, printers, etc.) and technical instruments for the management
board’s office; charges for uniforms of the management board’s employees,
wages, remunerations, allowances, social insurance and welfare benefits for
employees performing the management and operation of this apartment building;
h) Other charges: agreed upon by the parties.
3. Principles of determining prices of apartment
building management and operation services:
a) Service prices prescribed in Clause 1 of this
Article shall remain unchanged for 12 months from the effective date of this
contract;
b) Where a change of the salary policy promulgated
by the State of Vietnam or adjustment to the energy prices (electricity, water,
oil) affects labor and energy costs, the two parties shall agree to
re-determine the service prices corresponding to reality.
4. Time and method of payment of management and operation
fees shall be prescribed as follows:
a) For apartments:
Party B shall collect fees for management and
operation of the apartment building (by multiplying (x) the service prices
prescribed in Clause 1 of this Article by usable area of each apartment). The
collection period begins from...to... on a monthly basis by making payment in
Vietnamese dong or via bank transfer (agreed upon by the parties).
b) For the office, service and commercial section
or other extra revenue:
...
...
...
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Article 5. Rights and obligations of Party A 63
1. Party A has the right to:
a) Request Party B to promptly and sufficiently
notify information on performance of the work as agreed upon in the contract or
authorized;
b) Receive revenue from operation of the services
in the apartment building by Party B to be included in Party A’s funds serving
activities in the common interests of residents in this apartment building;
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 agreed upon by the parties...
2. Party A has the obligation to:
a) Pay fees for repair, maintenance and replacement
for damaged equipment, including labor and material costs and other costs
within the jurisdiction of Party A (except for the work within the jurisdiction
of Party B prescribed in Clause 2 Article 3 of this contract). If the damage to
equipment is caused by Party B, Party B shall be liable for all the repair
costs;
...
...
...
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c) Provide the apartment building dossier and necessary
information and documents as prescribed by law in order for Party B to perform
the work;
d) Provide Party B with working offices (area,
location, etc.,) and parking lots for the management board’s personnel,
security guards and sanitation workers;
dd) Enable and closely cooperate with Party B to
execute the contract;
e) Remind owners and occupants of obligations
concerning management and operation of the apartment building under this
contract and regulations of law;
g) Other obligations as agreed upon by the parties…
Article 6. Rights and obligations of Party B
1. Party B has the right to:
a) Request Party A to provide the apartment
building dossier and necessary information and documents as prescribed by law
to serve the management and operation of the apartment building;
b) Collect fees for management and operation of the
apartment building as prescribed in Article 4 of this contract;
...
...
...
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d) Receive other revenue in the apartment building,
e.g. revenue from operation of extra services (elevator advertising, taxi
parking spaces for hire, other revenue, etc.);
dd) Suspend the services:………… or request
electricity, water and energy providers of the apartment building to suspend
such services if any owner or occupant has failed to pay management and
operation fees and other fees to Party B after the second notice;
e) Show its logo/brand on Party B’s documents
during performance of the work and customer care and display Party B’s
signboard at the apartment building after being approved by Party A of the
location, size and form;
g) Other rights agreed upon by the parties...
2. Party B has the obligation to:
a) Sufficiently perform the work and ensure quality
as prescribed in Article 3 of this contract including authorized work (if any)
and submit reports to Party A;
b) Inspect and monitor activities of Party B’s
staff in the performance of the work and take responsibility for paying
compensation for damage caused by Party B to Party A or to a third party;
c) Inspect and monitor management and operation
concerning activities of the apartment building including elevators, fire
equipment, standby generators, water pumps, environmental hygiene, etc.;
d) Undertake to ensure that management and
operation of technical system of the apartment building comply with the
manufacturer’s recommendations and instructions or designs;
...
...
...
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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 the activities carried out by its personnel;
g) Effectively manage, store and use documents,
equipment and property provided by Party A for their intended purposes; return
to Party A in good condition (except for natural wear) after all obligations
under the contract are fulfilled;
h) Be entitled to operate services in the apartment
building to increase revenue and share such revenue with Party A as prescribed
in Article 15 of this contract to set up a community fund in the common
interests of the residents;
i) Fulfill its business obligations according to
law such as business registration, practice registration and tax liabilities;
k) Transfer the apartment building dossier to the
apartment building management board as prescribed in Article 5 hereof upon
termination of this contract;
l) Other obligations agreed upon by the parties...
Article 7. Arrangement of apartment building
management personnel
1. Party B is entitled to arrange or second any
personnel working for Party B in the apartment building where necessary without
causing obstruction to the apartment building management. If the head of the
management board is changed, Party A must be notified in writing of such
change.
2. If a Party B’s employee (including head of the
management board) fails to complete the duties under this contract, Party B
shall carry out an inspection. If the duties have not been completed, he/she
will be replaced and Party A must be notified of such replacement.
...
...
...
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a) Office of the management board: (morning: from
... to ...; afternoon: from ... to ...);
b) Front desk: on shift (including the following
shifts:…);
c) Technical division: on duty around the clock (7 days
a week, including public holidays)
Article 8. Costs payable by Party A
1. Before December 31 of the preceding year, Party
B shall send Party A a plan for costs of management and operation of the
apartment building including revenue from provision of management and operation
services at the apartment section and office, services and commercial section
and other accompanying services (if any); costs of management and operation of
the apartment building and costs payable by Party B and Party A.
2. Party A shall pay providers of services such as
maintenance or repair of equipment and similar costs payable by Party A.
Article 9. Cooperation between Party A and Party
B
1. Party A has the responsibility to:
a) Act as a representative of lawful owners and
occupants of the apartment building to sign the contract with Party B for
performance of the work prescribed in Article 3 of this contract;
...
...
...
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c) Act as a representative of residents to work
with competent authorities upon request or as prescribed by law;
d) Consider approving the management and operation
plan and issues concerning responsibility and authority of Party A; sign a
contract for repair, maintenance and replacement of ornamental plants, etc. (if
any) outside Party B's scope of work;
dd) Pay the costs incurred in connection with
operation of the apartment building such as procurement of supplies and
equipment; maintenance, renovation and decoration of the apartment building
outside Party B’s scope of payment;
e) Appoint its representatives to closely cooperate
with Party B in management and operation of the apartment building in
accordance with the management process so as to meet service quality
requirements;
2. Party B has the responsibility to:
a) Organize management of all activities within
scope of management and operation of the apartment building under this
contract;
b) Provide personnel for technical operation,
management and care of customers, and control of activities of the apartment
building;
c) Manage and monitor customer services,
environmental hygiene services, security services, fire safety, bike and auto
keeping, insect control and ornamental plant care for the apartment building,
etc. Party B shall manage and control professional competence and bill of
quantity of service providers according to the established standards and
management processes, and submit periodic reports to Party A;
Article 10. Term of contract (65)
...
...
...
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2. At least 30 days prior to the expiration date of
the contract, Party B shall submit a written request for extension of the
contract to Party A; if, 15 days after the receipt of the written request,
Party A does not give a written response, the contract will be automatically
extended for a period equal to that of the contract prescribed in Clause 1 of
this Article.
Article 11. Termination and unilateral
termination of the contract ahead of schedule
1. This contract shall be terminated in any of the
following cases:
a) The contract expires and the parties do not wish
to extend it;
b) Both parties agree to terminate the contract
ahead of schedule;
c) Either party goes bankrupt or is dissolved or
shut down as prescribed by law;
d) A force majeure event occurs but it cannot be
overcome for a period of... straight months.
2. Party A may unilaterally terminate the contract
when Party B commits one of the following breaches (66):
a) Breach of any of the obligations mentioned in
Clause 2 Article 6 of this contract, thereby causing damage to Party A;
...
...
...
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c) Transferring this contract or assign the task of
management and operation of the apartment building to another contractor
without written consent of Party A;
d) Failure to fulfill obligations under this
contract within ... days from the receipt of the written notice from Party A;
d) Going bankrupt or being dissolved or shut down;
e) Other cases agreed upon by the parties...
Party A is not allowed to unilaterally terminate
the contract, except for the cases prescribed in this Clause, otherwise Party A
will provide compensation as prescribed in Clause 2 Article 12 of this
contract.
3. Party B may unilaterally terminate the contract
when Party A commits one of the following breaches:
a) Failure to fully pay due amounts to Party B
under this contract within ….days since receipt of written notice of overdue
amounts from Party B;
b) Failure to provide the apartment building
dossier and necessary information and documents as prescribed to Party B for
performance of the work;
c) Other cases agreed upon by the parties...
...
...
...
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4. Transfer upon contract termination:
a) Within…days from the date of notifying contract
termination, the two parties shall consult together for determination of final
value of the contract. Within ... days from the date on which Party B fulfills
obligations concerning making reports, transferring figures and property and
the minutes of contract liquidation is signed by the two parties, Party A must
pay the remaining amounts to Party B according to the finalization minutes (if
any);
b) Within ... days from the date of contract
termination, Party B shall transfer the property in its original condition to
Party A, accounting books and debt data (both in soft and hard copies), the
apartment building dossier, information about customers/residents, etc. and
other materials and property (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 costs
of actual remedial work and costs incurred in connection with damage leading to
loss of property in one of following cases (67)::
a) Such damage is caused by Party B;
b) Party B shows a lack of responsibility or
commits an act in breach of the contract.
2. Either party breaches the regulations set out in
Clause 2 or Clause 3 Article 11 of this contract, the breaching party shall pay
a compensation which is ……. times the service price of the most recent month to
the other party (according to figures provided by Party B).
...
...
...
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1. Party A is not allowed to use forms and
management processes established by Party B unless otherwise agreed upon in
writing by Party B.
2. Party B is not allowed to use information
concerning customers/residents to serve its business purposes.
3. Party B shall transfer the property in its
original condition to Party A within ... days from the date of contract
termination in order for Party to keep continually managing and operating the
apartment building without affecting daily life of residents. If this provision
is breached, Party B shall pay a compensation of ………….. for the damage caused
to Party A.
4. Other agreements...
Article 14. Force majeure event
1. The following events shall be considered as
force majeure events:
a) War or act of God or change of a policy or law
of the State of Vietnam;
b) Implementation of a decision issued by a
competent authority or other cases prescribed by law;
c) An accident or illness that requires emergency
treatment at a health facility;
...
...
...
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2. Notification of a force majeure event:
a) When any of the force majeure events in Clause 1
of this Article occurs, the party affected by the event (“affected Party”) must
notify the other party (in writing or directly) within ... days from the
occurrence of such event (if there is documentary evidence for the force
majeure event, it must be provided);
b) The affected Party’s failure to fulfill its
obligations shall not constitute a breach of the contract and shall not entitle
the other party to terminate this contract;
c) If no longer being affected by such an event of
force majeure, the affected party should give a written notice to the other
Party;
d) The parties shall continue to fulfill their
obligations when the event no longer exists;
dd) If a force majeure event has occurred for ...
straight months and cannot be overcome, the contract shall automatically expire
unless otherwise agreed upon by the parties.
3. Responsibility of each Party in case of a force
majeure event:
Performance of obligations under the contract by
the parties shall be suspended during the occurrence of a force majeure event.
Each Party shall continue to perform its own obligations after the event ends
except for the cases prescribed in Point dd Clause 2 of this Article.
Article 15. Operation and provision of secondary
services and surplus
...
...
...
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a) During the term of this contract, Party A shall
authorize Party B to seek and operate services under shared ownership of the
apartment building such as advertising, signboards, premises for rent and other
services. The operation of services must not affect the apartment building
management and operation by Party, aesthetics, environment and public order at
the apartment building.
b) Receive ...% of the amount of money in addition
to existing revenue from operation of services in order for Party A to make
additions to the fund to serve activities in the common interests of the
apartment building.
2. Party B has the following rights and
responsibilities:
a) As authorized by Party A, Party B shall seek
partners and manage the operation and installation of advertisements,
signboards and other services in order to increase revenue of the apartment
building. Party B shall receive ...% of the additional amount of money versus
revenue from operation 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. Surplus:
By adopting the method of exercising financial
autonomy, the two parties shall agree that the surplus (if any) during the
effective period of this contract belongs to Party B. Party B shall agree to
set aside ...% of such surplus so as for Party A to include it in the common
interest fund.
Article 16. Other agreements
Based on each apartment building, the parties
shall enter into other agreements which shall not be contrary to the terms and
conditions of this contract and the Regulation on management and use of
apartment buildings, Law on Housing and social ethics.
...
...
...
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The following documents shall constitute an
integral part of this contract:
1. Apartment building management and operation
plan;
2. Apartment building dossier;
3. Other Appendices (if any) signed between the two
parties.
Article 18. Disputes and dispute settlement
1. Any dispute arising out of this contract shall
be settled by the parties.
2. Where a dispute over fees for management and
operation of the apartment building cannot be settled, within ... days
from the date on which the dispute arises, both parties are entitled to submit
a written request to the People’s Committees of the province where the
apartment building is situated for consideration and settlement or bring the
case to the People’s Court if the decision given by the provincial People’s
Committee is not agreed.
3. Where a dispute over the execution of the
service contract arises, the parties are entitled to request a People's Court
to settle it as prescribed by law. Any decision issued by the People's Court
shall be final and binding on both parties.
Article 19. Effect of contract
...
...
...
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2. This contract shall be liquidated via minutes of
liquidation signed by both parties.
3. Both parties shall undertake to perform all the terms
and conditions of this contract. Property held in trust shall not be involved
in any ownership or occupancy dispute.
4. This contract is made into ... copies, all texts
being equally authentic. Each party holds ... copy(ies).
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, position and seal (if any)
PARTY B
(signature, full name, position and seal (if any)
...
...
...
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“The Law on Promulgation of Legislative
Documents dated June 22, 2015;
The Law on Investment dated November 26, 2014;
The government’s Decree No. 34/2016/ND-CP dated
May 14, 2016 on elaboration of some Articles of the Law on Promulgation of
Legislative Documents;
The Government’s Decree No. 118/2015/ND-CP dated
December 22, 2015;
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;
At the request of the Director General of the
Department of Legal Affairs;
The Minister of Construction hereby promulgates
a Circular on full or partial annulment of legislative documents on business
and investment conditions promulgated by the Ministry of Construction or
jointly promulgated by Ministries.”
The Circular No. 28/2016/TT-BXD dated February 15,
2016 of the Minister of Construction on amendments to the Circular No.
10/2015/TT-BXD dated December 30, 2015 by Ministry of Construction providing
regulations on professional training courses in management of apartment
buildings, the Circular No. 11/2015/TT-BXD dated December 30, 2015 by Ministry
of Construction providing regulations on issuance of real estate broker license,
guidelines for training and improving knowledge of real estate brokerage
practice and management of the real estate trading floor, and establishment and
organization of activities of the real estate trading floor, and a number of
provisions of the Regulation on management and use of apartment buildings
promulgated together with the Circular No. 02/2016/TT-BXD (hereinafter referred
to as “the Circular No. 28/2016/TT-BXD”) is promulgated pursuant to:
“The Law on Housing dated November 25,
2014;
...
...
...
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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. 79/2016/ND-CP
dated July 01, 2016 providing for conditions for training business in
specialist knowledge, professional competence in management and operation of
apartment buildings, knowledge of real estate brokerage practicing, and real
estate transaction management;
At the request of the Director General of
Management Agency for Housing and Real-estate Market.
The Minister of Construction promulgates a
Circular on amendments to the Circular No. 10/2015/TT-BXD dated December 30,
2015 by Ministry of Construction providing regulations on professional training
courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD
dated December 30, 2015 by Ministry of Construction providing regulations on
issuance of real estate broker license, guidelines for training and improving
knowledge of real estate brokerage practice and management of the real estate
trading floor, and establishment and organization of activities of the real
estate trading floor, and Regulation on management and use of apartment
buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15,
2016 of the Ministry of Construction.”
The Circular No. 06/2019/TT-BXD dated October 31,
2019 of the Minister of Construction on amendments to some Articles of
Circulars relating to management and use of apartment buildings (hereinafter
referred to as “the Circular No. 06/2019/TT-BXD”) is promulgated pursuant to:
“The Law on Housing dated November 25,
2014;
The Government’s Decree No. 81/2017/ND-CP dated
July 17, 2017 defining the functions, tasks, powers and organizational
structure of the Ministry of Construction;
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 the Director of the Housing
and Real Estate Management Agency;
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The Circular No. 07/2021/TT-BXD dated June 30, 2021
of the Minister of Construction amending some Articles of Circular No.
19/2016/TT-BXD dated June 30, 2016 and Circular No. 02/2016/TT-BXD dated
February 15, 2016 of the Minister of Construction (hereinafter referred to as
“the Circular No. 07/2021/TT-BXD”) is promulgated pursuant to:
The Law on Housing dated November 25, 2014;
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 and Decree No. 30/2021/ND-CP dated March 26,
2021 on amendments to the Government’s Decree No. 99/2015/ND-CP providing
instructions on the implementation of a number of Articles of the Law on
Housing;
The Government’s Decree No. 81/2017/ND-CP dated
July 17, 2017 defining the functions, tasks, powers and organizational
structure of the Ministry of Construction;
At the request of the Director of the Housing
and Real Estate Management Agency.”
2 Effect of the Circular
No. 22/2016/TT-BXD:
“Article 3. Effect
1. This Circular comes into force from the day on
which it is signed.
2. Relevant organizations and individuals are
responsible for implementation of this Circular./.”
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“Article 4. Effect
1. This Circular comes into force from February 01,
2017.
2. The template for certificate of completion of
professional training course in management of apartment buildings is specified
in the Appendix 01 enclosed with this Circular and replaces the template for
certificate of completion of professional training course in management of
apartment buildings stated in the Appendix 05 enclosed with the Circular No.
10/2015/TT-BXD dated December 30, 2015 by Minister of Construction.
3. Sample internal rules for management and use of
apartment buildings specified in the Appendix No. 02 to this Circular shall
replace the sample internal rules for management and use of apartment buildings
specified in the Appendix No. 01 to the Circular No. 02/2015/TT-BXD dated
February 15, 2015 of the Minister of Construction.
4. The following regulations are annulled:
a) The Appendix No. 05 of the Circular No.
10/2015/TT-BXD dated December 30, 2015 of Ministry of Construction providing
regulations on professional training courses in management of apartment
buildings;
b) Clause 4 Article 3, Headings of Sections 1 and 2
Chapter III Article 27 and Appendix No. 7 of the Circular No. 11/2015/TT-BXD
dated December 30, 2015 by Minister of Construction providing regulations on
issuance of real estate broker license, guidelines for training and improving
knowledge of real estate brokerage practice and management of the real estate
trading floor, and establishment and organization of activities of the real
estate trading floor;
c) Clauses 7 and 8 Article 36; Clauses 2 and 3
Article 46 of the Circular No. 02/2016/TT-BXD dated April 02, 2016 of the
Minister of Construction on promulgation of Regulation on management and use of
apartment buildings.
5. If regulations on management and use of
apartment buildings promulgated by Ministries, regulatory bodies and People’s
Committees of provinces or central-affiliated cities before the entry into
force of this Circular contravene regulations hereof, this Circular shall
prevail.
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Effect of the Circular No. 06/2019/TT-BXD:
“Article 3. Effect
1. This Circular comes into force from January 01,
2020.
2. Difficulties that arise during the
implementation of this Circular should be promptly reported to the Ministry of
Construction for instructions or amendments./.”
Effect of the Circular No. 07/2021/TT-BXD:
“Article 3. Effect
1. This Circular comes into force from August 15,
2021.
2. Projects whose investment in construction is
completed or on-going projects on investment in construction of social housing
and housing for relocation following the BT method may apply methods and
formulas for calculation of leasing and lease purchase prices of social housing
and housing for relocation according to regulations of Circular No.
19/2016/TT-BXD.
3. Difficulties that arise during the
implementation of this Circular should be promptly reported to the Ministry of
Construction for instructions or amendments./.”
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4 This Clause is amended by
Clause 1 Article 3 of the Circular No. 28/2016/TT-BXD, which has been effective
since January 01, 2017 and Clause 1 Article 2 of the Circular No.
06/2019/TT-BXD, which been effective since January 01, 2020.
5 This Clause is amended by
Clause 1 Article 3 of the Circular No. 28/2016/TT-BXD, which has been effective
since February 01, 2017.
6 This Clause is amended by
Clause 2 Article 1 of the Circular No. 06/2019/TT-BXD, which has been effective
since January 01, 2020.
7 This Clause is added by
Clause 3 Article 1 of the Circular No. 06/2019/TT-BXD, which has been effective
since January 01, 2020.
8 This Article is amended
by Clause 4 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
9 This Point is annulled by
Article 2 of the Circular No. 07/2021/TT-BXD, which has been effective since
August 15, 2021.
10 This Clause is amended
by Clause 2 Article 3 of the Circular No. 28/2016/TT-BXD, which has been
effective since February 01, 2017.
11 This Article is amended
by Clause 5 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
12 The phrase “Ủy ban nhân
dân cấp phường” (“ward-level People’s Committee”) is replaced with “Ủy ban nhân
dân cấp xã” (communal People’s Committee”) as prescribed in Clause 25 Article 1
of the Circular No. 06/2019/TT-BXD, which has been effective since January 01,
2020.
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14 The phrase “Ủy ban nhân
dân cấp phường” (“ward-level People’s Committee”) is replaced with “Ủy ban nhân
dân cấp xã” (communal People’s Committee”) as prescribed in Clause 25 Article 1
of the Circular No. 06/2019/TT-BXD, which has been effective since January 01,
2020.
15 The phrase “Ủy ban nhân
dân cấp phường” (“ward-level People’s Committee”) is replaced with “Ủy ban nhân
dân cấp xã” (communal People’s Committee”) as prescribed in Clause 25 Article 1
of the Circular No. 06/2019/TT-BXD, which has been effective since January 01,
2020.
16 The phrase “Ủy ban nhân
dân cấp phường” (“ward-level People’s Committee”) is replaced with “Ủy ban nhân
dân cấp xã” (communal People’s Committee”) as prescribed in Clause 25 Article 1
of the Circular No. 06/2019/TT-BXD, which has been effective since January 01,
2020.
17 This Article is amended
by Clause 6 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
18 This Clause is amended
by Clause 7 Article 1 of the Circular No.06/2019/TT-BXD, which has been
effective since January 01, 2020.
19 This Clause is amended
by Clause 8 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
20 This Article is amended
by Clause 5 Article 3 of the Circular No. 28/2016/TT-BXD, which has been
effective since February 01, 2017.
21 This Clause is amended
by Clause 6 Article 3 of the Circular No. 28/2016/TT-BXD, which has been
effective since February 01, 2017 and added by Clause 3 Article 2 of the
Circular No. 06/2019/TT-BXD, which been effective since January 01, 2020.
22 This Clause is amended
by Clause 9 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
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24 The phrase “Ủy ban nhân
dân cấp quận” (“urban district-level People’s Committee”) is replaced with “Ủy
ban nhân dân cấp huyện” (“district-level People’s Committee”) as prescribed in
Clause 25 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
25 The phrase “Ủy ban nhân
dân cấp phường” (“ward-level People’s Committee”) is replaced with “Ủy ban nhân
dân cấp xã” (communal People’s Committee”) as prescribed in Clause 25 Article 1
of the Circular No. 06/2019/TT-BXD, which has been effective since January 01, 2020.
26 This Clause is amended
by Clause 10 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
27 This Point is added by
Clause 11 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
28 This Clause is amended
by Clause 12 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
29 This Clause is added by
Clause 13 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
30 This Point is added by
Clause 14 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
31 This Clause is amended
by Clause 15 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
32 This Clause is amended
by Clause 16 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
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34 This Article is
annulled in part by Clause 10 Article 2 of the Circular No. 22/2016/TT-BXD,,
which has been effective since July 01, 2016 and amended by Clause 9 Article 3
of the Circular No. 28/2016/TT-BXD, which been effective since February 01,
2017 amended by Clause 6 Article 2 of the Circular No. 06/2019/TT-BXD, which
comes into force from January 01, 2020.
35 This Clause is amended
by Clause 10 Article 3 of the Circular No. 28/2016/TT-BXD, which has been
effective since January 01, 2017.
36 This Point is amended
by Clause 11 Article 3 of the Circular No. 28/2016/TT-BXD, which has been
effective since February 01, 2017.
37 This Point is amended
by Clause 17 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
38 This Point is amended
by Clause 12 Article 3 of the Circular No. 28/2016/TT-BXD, which has been
effective since February 01, 2017.
39 This Point is amended
by Clause 18 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
40 This Clause is annulled
by Point c Clause 4 Article 4 of the Circular No. 28/2016/TT-BXD, which has
been effective since February 01, 2017.
41 This Clause is annulled
by Point c Clause 4 Article 4 of the Circular No. 28/2016/TT-BXD, which has
been effective since February 01, 2017.
42 This Clause is amended
by Clause 19 of the Circular No. 06/2019/TT-BXD, which has been effective since
January 01, 2020.
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44 This Clause is amended
by Clause 14 Article 3 of the Circular No. 28/2016/TT-BXD, which has been
effective since February 01, 2017.
45 This Point is amended
by Clause 20 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
46 This Clause is amended
by Clause 15 Article 3 of the Circular No. 28/2016/TT-BXD, which has been effective
since February 01, 2017.
47 This Clause is added by
Clause 21 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
48 This Clause is annulled
by Point c Clause 4 Article 4 of the Circular No. 28/2016/TT-BXD, which has
been effective since February 01, 2017.
49 This Clause is annulled
by Point c Clause 4 Article 4 of the Circular No. 28/2016/TT-BXD, which has been
effective since February 01, 2017.
50 The phrase “Ủy ban nhân
dân cấp quận” (“urban district-level People’s Committee”) is replaced with “Ủy
ban nhân dân cấp huyện” (“district-level People’s Committee”) as prescribed in Clause
25 Article 1 of the Circular No. 06/2019/TT-BXD, which has been effective since
January 01, 2020.
51 This Clause is amended
by Clause 22 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
52 The phrase “Ủy ban nhân
dân cấp phường” (“ward-level People’s Committee”) is replaced with “Ủy ban nhân
dân cấp xã” (communal People’s Committee”) as prescribed in Clause 25 Article 1
of the Circular No. 06/2019/TT-BXD, which has been effective since January 01,
2020.
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54 This Clause is added by
Clause 24 Article 1 of the Circular No. 06/2019/TT-BXD, which has been
effective since January 01, 2020.
55 These sample internal
rules are replaced with the internal rules for management and use of apartment
buildings prescribed in Clause 3 Article 4 of the Circular No. 28/2016/TT-BXD,
which has been effective since February 01, 2017.
56 Name of the apartment
building.
57 Name of the operator
specified in the business registration document or establishment decision
issued by the competent authority.
58 Name of the apartment
building/apartment building complex.
59 Specify that the
apartment building is intended for residence only or for both residence and
business.
60 Subject to the
agreement between Party A and Party B, both parties may add, cut or change the
work performed by Party B as prescribed in Clause 1 of this Article 3.
61 The area m2
used for determination of prices is the usable area (according to carpet area).
62 The costs included in
the service prices prescribed in Clause 2 of this Article 4 may be modified,
adjusted or supplemented under the agreement by both parties.
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64 Both parties shall
conduct specific negotiations on the information specified in Clause 3 of this
Article 7.
65 Both parties shall
conduct specific negotiations on the information specified in Article 10.
66 Both parties may
conduct negotiations on add cases where unilateral termination of contract is
allowed as specified in Clause 2 and Clause 3 of this Article 11.
67 Both parties may
conduct further negotiations on the information specified in Clause 1 of
Article 12.