MINISTRY OF
CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
28/2016/TT-BXD
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Hanoi, on
December 15, 2016
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CIRCULAR
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;
ESTABLISHMENT AND ORGANIZATION OF ACTIVITIES OF THE REAL ESTATE TRADING FLOOR,
AND A NUMBER OF REGULATIONS ON MANAGEMENT AND USE OF APARTMENT BUILDINGS
PROMULGATED UNDER THE CIRCULAR NO. 02/2016/TT-BXD DATED FEBRUARY 15, 2016 BY
MINISTRY OF CONSTRUCTION
Pursuant to the Law on Housing dated November
25, 2014;
Pursuant to the Law on real estate trading dated
November 25, 2014;
Pursuant to the Government's Decree No.
62/2013/ND-CP dated June 25, 2013 defining 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 the
Housing and Real Estate Market Management Agency;
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 a number of regulations on management and use of apartment
buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15,
2016 by Ministry of Construction.
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1. Amendments to Article 5:
“Article 5. Application for recognition of
training institution
An application for recognition of the training
institution as qualified for provision of training courses in management of
apartment buildings includes:
1. The application form to the Ministry of
Construction for recognition of the training institution’s eligibility for
provision of training courses in management of apartment buildings using the
form stated in the Appendix 01 to this Circular.
2. The copy accompanied with the original for
checking or the certified copy of the business registration certificate or the
enterprise registration certificate or the decision of establishment of the
training institution as regulated by Clause 1 Article 3 of 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 (hereinafter
referred to as the Decree No. 79/2016/ND-CP).
3. The certified copy of the document proving the
ownership, the right to manage or use facilities, or the agreement on lease of
facilities for theoretical training with the leasing duration of not less than
01 year, the contract or the written agreement on association for practicing at
the apartment building which has been put into operation and are under the
management of a qualified unit.
4. The syllabuses or teaching materials in
conformity with the framework program as prescribed in Chapter III of this
Circular.
5. The list of lecturers using the form stated in
Appendix 02 to this Circular, enclosed with the document of each lecturer,
consisting of:
a) The certified copy of the bachelor’s degree or
higher;
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c) The certified copy of the labour contract or the
decision on appointment of lecturer. If a lecturer is on payroll of the
training institution, the certified copy of document proving that the social
insurance premiums of that lecturer are covered by the training
institution".
2. Amendments to Point b Clause 1 Article 7:
“b) Within 20 working days from the date of receipt
of the complete application as prescribed in Article 5 hereof, the Housing and
Real Estate Market Management Agency shall verify the application and report
the application which satisfies all of the conditions prescribed in Clauses 1,
2, 3 an 4 Article 3 of the Decree No. 79/2016/ND-CP to the Ministry of
Construction to make decision or authorize the Housing and Real Estate Market
Management Agency to make decision on recognition of the training institution’s
eligibility to provide training courses in management of apartment buildings.
Name and address of the training institution which has been recognized by the
Ministry of Construction shall be posted on the website of Ministry of
Construction and that of the Housing and Real Estate Market Management Agency.
The training institution shall, upon the attainment
of the decision on recognition from the Ministry of Construction, send 01 set
of application (the copy) for recognition of the training institution which has
been given approval by the Ministry of Construction to the Department of
Construction of province where the training institution is located for
monitoring and management”.
3. Amendments to Point a Clause 2 Article
13:
“1. The training institution must, within 05 days
before the commencement of the training course, give a notification to the
Department of Construction of province where the training course is provided of
time and location of the training course, timetable, the list of lecturers for
each group of learners as prescribed in Clauses 1 and 2 Article 2 of this
Circular, and the schedule of final exam.
The training institution must establish the
training management department to take charge of organizing training courses,
storing learners' dossiers, and other documents related to training activities;
promulgate regulations on training management, including specific regulations
on enrolment requirements, length of each training course, the number of
lectures, the number of periods of each lecture (including lectures other than
those of compulsory specialized subjects as regulated in this Circular), final
exam, criteria for evaluation and classification of learners’ performance, and
eligibility requirements to obtain certificate of completion of training course
for the learners specified in Clauses 1 and 2 Article 2 hereof”.
4. Amendments to Point a Clause 1 Article
15:
“a) If a learner specified in Clause 1 Article 2
hereof passes the final exam and has his/her academic performance recognized as
satisfactory by the Council for Evaluation of Academic Performance, that
learner shall be granted a Certificate of Completion of Training Course within
15 days as of the date of examination.
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Article 2. Amendments to 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
1. Amendments to Clause 2 Article 3:
“2. Each Provincial Department of Construction may
designate or authorize one or some of the following competent units to hold the
examination (hereinafter referred to as the examination organization unit):
a) Division with the housing and real estate
management function affiliated to the Department of Construction;
b) Training institutions having satisfied all of
conditions for training business in knowledge of real estate brokerage
practicing and real estate transaction management as regulated in Article 4 of
the Decree No. 79/2016/ND-CP;
c) The Vietnam National Real Estate Association;
d) The Real Estate Associations of provinces or
central-affiliated cities;
dd) The Vietnam Association of Realtors.”
2. Amendments to Point b Clause 1 Article 4:
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3. Amendments to Article 19:
“Article 19. Guidelines on lecturers, training
facilities and framework program for training and improving knowledge of real
estate brokerage practice and management of the real estate trading floor
1. A lecturer of the training course in knowledge
of real estate brokerage practice and management of the real estate trading
floor must possess bachelor's degree or higher in a major corresponding to the teaching
contents and have at least 05 years of experience in state management,
scientific research or training in the field of real estate or trading in real
estate.
The training institution must make the list of
lecturers and statement of their qualifications and experience according to
instructions in the Appendix 8 and Appendix 9 to this Circular for monitoring
and management.
2. The training institution must establish the
training management department to take charge of organizing training courses,
storing learners' dossiers, and other documents related to training activities;
promulgate regulations on training management, including specific regulations
on enrolment requirements, length of each training course, the number of
lectures, the number of periods of each lecture (including lectures other than
those of compulsory specialized subjects as regulated in this Circular), final
exam, criteria for evaluation and classification of learners’ performance, and
eligibility requirements to obtain certificate of completion of training
course.
3. The framework program for training and improving
knowledge of real estate brokerage practice and management of the real estate
trading floor includes basic knowledge and major knowledge as referred to in
the Appendix No. 6 to this Circular.
Heads of training institutions shall base on the
framework program introduced in the Appendix No. 6 to this Circular to
formulate, give approval and assume responsibility for their syllabuses or
teaching materials.”
4. Amendments to Article 20:
“Article 20. Announcement of training
institution’s information
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2. Information announced includes: name of the
training institution, full name of legal representative, address and telephone
number of the training institution.
3. If there is any change of the information
prescribed in Clause 2 of this Article or when training activities are
terminated or the training institution is dissolved or declared bankrupt, the
training institution must report to the agencies in charge of posting
information relating to such training institution as specified in Clause 1 of
this Article to modify or remove announced information".
5. Amendments to Point d Clause 1 Article
21:
“d) Test, evaluate and rank study results for
granting certificate of completion of training course to qualified learner.
The training facility shall, before the course-end
exam, arrange for learners to practice at real estate brokerage offices, real
estate trading floors or real estate trading enterprises with a sufficient
duration as regulated. Upon the completion of course-end internship, learners
must submit reports of their internship. A learner shall be eligible to attend
the course-end exam only when he/she has satisfied the requirements on
attendance rate and duration of internship, and has submitted the internship
report as regulated. The examiners must be lecturers whose names are in the
list of registered lecturers of the training institution. Test questions shall
be compiled by the training institution provided that they must be in
conformity with the framework program approved by the head of that training
institution”.
6. Amendments to Article 24:
“Article 24. Establishment and announcement of
information concerning the real estate trading floor
1. Any entity that wants to establish a real estate
trading floor (hereinafter referred to as the trading floor) must satisfy all
of conditions prescribed in Article 69 of the Law No. 66/2014/QH13 on real
estate trading.
2. The entity establishing the trading floor must
provide information about the established trading floor to the Department of
Construction of province or central-affiliated city where the trading floor is
located or the Housing and Real Estate Market Management Agency. Department of
Construction and the Housing and Real Estate Market Management Agency shall
assume responsibility to post information provided by the entity establishing
the trading floor on their websites for management.
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a) Name of the enterprise establishing the trading
floor, full name of legal representative of the enterprise, and the enterprise’s
address;
b) Name of the trading floor, date of
establishment, location and telephone number of the trading floor, and full
name of the trading floor's manager.
4. If there is any change of the information
prescribed in Clause 3 of this Article or when the trading floor’s activities
are terminated or the trading floor is dissolved or declared bankrupt, the
enterprise establishing the trading floor must report to the agencies in charge
of posting information relating to the trading floor as specified in Clause 2
of this Article to modify or remove announced information".
7. Amendments to Article 29:
“Article 29. Implementation organization
1. The Housing and Real Estate Market Management
Agency shall instruct and inspect the organization of the testing examinations
and grant of real estate broker licenses as regulated in this Circular;
directly conduct inspection or coordinate with Departments of Constructions of
provinces or central-affiliated cities in conducting inspection of the training
and improving courses in knowledge of real estate brokerage and management of
the real estate trading floor, and inspection of the operations of the real
estate trading floors in conformity with regulations of this Circular.
2. Departments of Constructions of provinces or
central-affiliated cities shall organize testing examinations and grant real
estate broker licenses to qualified candidates, and instruct and inspect the
implementation of this Circular in their provinces or cities.”
Article 3. Amendments to a number of regulations
on management and use of apartment buildings promulgated under the Circular No.
02/2016/TT-BXD dated February 15, 2016 by Ministry of Construction
1. Amendments to Clauses 2 and 3 Article 3:
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3. Apartment complex includes at least two
apartment buildings or more constructed according to the planning and project
documentation approved by competent agencies.”
2. Amendments to Clause 1 Article 9:
“1. Apartment buildings are governed by this
Regulation should have internal regulations on management and use of apartment
units with contents as prescribed in Clause 2 of this Article. The main
investors and the apartment building meetings shall base on the sample internal
regulations specified in this Regulation to formulate the internal regulations
appropriate for each apartment building or apartment complex.”
3. Addition of point c to Clause 5 Article
14:
“c) The main investor terminates operation because
of dissolution, merging or bankruptcy.”
4. Addition of point c to Clause 2 Article
16:
“c) Each owner of apartment unit or other area in
the apartment building has the right to authorize the only person who is using
that apartment or the other area in the apartment building to attend the
apartment building meeting.”
5. Amendments to Article 18:
“Article 18. Models of the apartment building’s
management board
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2. If a management board is established and
operates according to the model of the board of directors of a co-operative,
the convening and organization of the meeting of the management board shall be
performed in conformity with regulations of the 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, the convening and organization of
the meeting of the management board shall be performed in conformity with
regulations of the Law on enterprises.
Voting and making the written record of the
management board’s meeting must comply with provisions set out in Article 25
hereof.
3. The management board of a single-owner apartment
building or apartment complex shall be established and operate according to the
self-governance model. Members of the management board shall themselves carry
out an agreement on rights and duties of each member in conformity with
regulations in Clause 2 Article 41 of this Regulation.”
6. Amendments to Clause 1 Article 19:
1. With regard of a multi-owner apartment building,
members of the apartment building’s management board must be the owners who are
using apartments in that apartment building. In case a user of an apartment or
other area in the apartment building is not the owner of that apartment or such
other area but is authorized by such owner to attend the apartment building
meeting, that user may be appointed as a member of the management board of that
apartment building.
With regard of a single-owner apartment building,
members of the apartment building’s management board include representatives of
apartment owners and occupants in such apartment building”.
7. Amendments to Clause 1 Article 20:
“1. The number of members of the management board of
an apartment building or apartment complex shall be decided according to the
following principle:
a) The management board of an apartment building
comprising the only block of apartments must be comprised of at least 03
members. If a building's blocks share the same podium, at least 01 member of
the management board shall be assigned to each block;
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8. Amendments to Article 27:
“Article 27. Apartment building management and
operation unit
1. The unit taking charge of managing and operating
the apartment building (hereinafter referred to as the managing unit) may be
the main investor or other entity that has satisfied all of function and
capacity requirements as prescribed in Clause 2 Article 105 of the Law on
housing.
2. The main investor shall be responsible for
managing and operating the apartment building during the period when the first
apartment building meeting is not yet organized. If the main investor fails to
satisfy all of function and capacity requirements as prescribed in Clause 2
Article 105 of the Law on housing to manage an apartment building which has
elevator system, a qualified entity that meets all of prescribed function and
capacity requirements shall be hired to manage and operate the apartment
building.
3. After the first apartment building meeting has
been organized, the selection of the managing unit shall be governed by the
following regulations:
a) If an apartment building has no elevator system,
the apartment building meeting shall decide to manage and operate the apartment
building may be performed according to the self-governance method or hire an
entity that meets all of function and capacity requirements to manage and
operate the apartment building;
b) With respect to an apartment building having the
elevator system, if the main investor satisfies function and capacity
requirements as prescribed in Clause 2 Article 105 of the Law on housing and
wants to participate in the management and operation of the apartment building,
the management board and the main investor shall discuss to enter into service
contract for management and operation of the apartment building;
c) With respect to an apartment building having the
elevator system, if the main investor fails to satisfy function and capacity
requirements or satisfies all of function and capacity requirements as
prescribed in Clause 2 Article 105 of the Law on housing but does not want to
participate in the management and operation, or if the main investor performs
the management and operation of the apartment building but fails to satisfy
requirements specified in the signed service contract, the apartment building
meeting shall decide to select another qualified entity that meets all of prescribed
function and capacity requirements to manage and operate that apartment
building.
4. Each apartment building shall have one managing
unit only. An apartment complex may have one managing unit or each apartment
building in the apartment complex may have its own managing unit as decided in
the apartment complex meeting. If each building in the apartment complex has
its own managing unit, the management board of the apartment complex shall
carry out an agreement with all managing units on the management and operation
of shared technical facilities and systems in the apartment complex.
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9. Amendments to Article 28:
“Article 28. Announcement of information
concerning the managing unit
1. Each managing unit shall, after having satisfied
all of prescribed function and capacity requirements, send an application which
specifies its name, address and telephone number, enclosed with certified
copies of documents proving its eligibility as prescribed in Clause 2 Article
105 of the Law on housing, to the Department of Construction of province where
its head office is located or the Housing and Real Estate Market Management
Agency. The Department of Construction of province where the head office
of the managing unit is located or the Housing and Real Estate Market
Management Agency shall verify the application and post information concerning
that managing unit on its website for management if the application is valid.
If the application is invalid, the Department of Construction or the Housing
and Real Estate Market Management Agency shall notify the managing unit to
supplement the application.
The apartment building meeting shall refer to the
information posted on the website of the Department of Construction or the
Housing and Real Estate Market Management Agency to select a qualified managing
unit in conformity with specific conditions of each apartment building or
apartment complex.
2. Information provided to the Department of
Construction or the Housing and Real Estate Market Management Agency for
posting includes: name of the managing unit, full name of legal representative,
address and telephone number of the managing unit.
3. If there is any change of the information
prescribed in Clause 2 of this Article or when the managing unit terminates its
operation or is dissolved or declared bankrupt, the managing unit must report
to 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 posted information.
If the agency posting information or the competent
agency conducts inspection and discovers that the managing unit has terminated
its operation or has been dissolved or declared bankrupt or failed to meet
prescribed requirements for performing management and operation works, the
information concerning that management unit posted on the website of the agency
that has posted such information shall be removed.”
10. Amendments to Clause 1 Article 29:
“1. The management and operation of the apartment
building must be carried out under a service contract for management and
operation of the apartment building signed by and between the managing unit and
the management board of that apartment building.
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11. Amendments to Point a Clause 2 Article
36:
“a) The management board shall open a special
deposit account at a credit institution operating in Vietnam for management and
use of expenditures on maintenance of shared portions of the apartment
building.”
12. Amendments to Point a Clause 3 Article
36:
“a) The management board shall open a special
deposit account at a credit institution operating in Vietnam for management and
use of expenditures on maintenance of shared portions of the apartment area and
those of the entire apartment building.”
13. Amendments to Clause 1 Article 38:
“1. Manage and operate the apartment building as
prescribed in Clause 2 and Point b Clause 3 Article 27 hereof. If the main
investor fails to satisfy function and capacity requirements or satisfies all
of function and capacity requirements as prescribed but does not participate in
the management and operation of the apartment building, the main investor may
introduce qualified entities that satisfy all of function and capacity
requirements as prescribed in Clause 2 Article 105 of the Law on housing to the
apartment building meeting for considering and select a suitable one.”
14. Amendments to Clause 3 Article 38:
“3. Preside over organization of the first
apartment building meeting, appoint people to the management board and vote in
apartment building meetings as prescribed hereof if the main investor still
owns apartment(s) or other area in the apartment building.”
15. Amendments to Clause 3 Article 43:
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If a member of the management board or the
management board is dismissed or replaced but fails to hand over the seal, the
newly established management board has the right to request the competent seal
registration and issuance agency to revoke and hand over 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 or replaced but fails to hand over the account
for management of expenditures on maintenance of shared portions of the
apartment building or the account for management of expenditures on operations
of the management board, the newly established management board has 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 or
replaced management board, and carry out procedures for handing over such
accounts to the newly established management board in conformity with
regulations hereof and relevant laws.”
Article 4. Effect
1. This Circular comes into force as of February
01, 2017.
2. The template of certificate of completion of
professional training course in management of apartment buildings is specified
in the Appendix 01 enclosed to this Circular and replaces the template of
certificate of completion of professional training course in management of
apartment buildings stated in the Appendix 05 enclosed to the Circular
No.10/2015/TT-BXD dated December 30, 2015 by Minister of Construction.
3. Sample internal regulations on management and
use of apartment buildings specified in the Appendix No. 02 to this Circular
shall replace the sample internal regulations on management and use of
apartment buildings specified in the Appendix No. 01 to the Circular No.
02/2016/TT-BXD dated February 15, 2016 by Minister of Construction.
4. The following regulations shall be abrogated:
a) The Appendix No. 05 of 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;
b) Clause 4 Article 3, Heading of Sections 1, 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;
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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 be
applied.
6. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of
Construction for consideration./.
PP MINISTER
DEPUTY MINISTER
Do Duc Duy
APPENDIX 01
TEMPLATE
OF CERTIFICATE OF COMPLETION OF TRAINING COURSE IN MANAGEMENT OF APARTMENT
BUILDINGS
(Enclosed to the Circular No. 28/2016/TT-BXD
dated December 15, 2016 by Minister of Construction)
NAME
OF TRAINING INSTITUTION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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CERTIFICATE
OF COMPLETION OF TRAINING COURSE IN MANAGEMENT OF APARTMENT BUILDINGS
NAME OF TRAINING INSTITUTION(3)
This Certificate is granted to
Mr./ Mrs.: ……………………………
ID Card (Passport) No.:
………………………………
Issued date:………………..
Issuing authority:……………
Who has successfully completed
the training course in management of apartment buildings held at:
……………………………………………………………..
From:………………………… [date]
To:………………………… [date]
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……[place],
…………… [date]
HEAD OF TRAINING INSTITUTION(4)
(Signature, full name and seal)
Photo
3x4
(seal of training institution)
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Note:
1. Number of certificate is
specified according to the ordinal number. In case of replacement or reissuance
of certificate, the number of certificate shall be that of the former
certificate. If a certificate is re-issued by another training institution upon
the request of the Housing and Real Estate Market Management Agency in
accordance with regulations in Article 14 of the Circular No. 10/2015/TT-BXD,
the number of that certificate shall be the new one.
2. The word “cấp đổi” (replacement)
or “cấp lại” (re-issuance) shall be specified. In case of issuance of new
certificate, this line is not required. In case of re-issuance, time of
re-issuance shall be specified together with the word “re-issuance”. In case of
replacement, only the word “replacement” is specified.
3. Name of training institution
is specified.
4. Title of the person signing
the certificate is specified.
5. Size of certificate is A5
paper size (210mm x 148.5mm).
6. Two sides of the certificate
are regulated as below:
- The outer side has the
burgundy background; on the top of the outer side, the name of the training
institution is printed in bold upper-case letters, yellow color, and size 12 of
the Times New Roman font; the national emblem is printed in the middle in
yellow color, 4cm in diameter; the words "GIẤY CHỨNG NHẬN” (CERTIFICATE)
is printed in bold upper-case letters, yellow color, and size 14 of the Times
New Roman font, at the bottom of the outer side;
- The inner side of the
certificate shall have the image of drum printed in white color and light blue
background, and contain contents specified in the above-mentioned template.
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APPENDIX 02
SAMPLE
INTERNAL REGULATIONS ON MANAGEMENT AND USE OF APARTMENT BUILDINGS
(Enclosed to the Circular No. 28/2016/TT-BXD dated December 15, 2016 by
Minister of Construction)
INTERNAL
REGULATIONS ON MANAGEMENT AND USE OF APARTMENT BUILDINGS
Article 1. Regulations observed
and complied with by owners, occupants, temporary residents and guests of
apartment units
1. Apartment owners shall strictly
comply with regulations on management and use of apartment buildings announced
by Ministry of Construction and contents hereof.
2. Guests of apartment units shall
register and present their personal identity papers at the reception section
(if any) or at the security booth, and comply with the guidance by the
apartment building’s receptionist or doorkeeper. If necessary ,the receptionist
or doorkeeper of the apartment building can keep personal identity papers of
guests of apartment units for the purpose of monitoring security and safety of
the apartment building. This procedure is not required at office, service and
commercial areas.
3. Temporary residents in apartment
units shall register at the reception section (if any) or at the security booth
and assume the responsibility to carry out procedures for registration of
temporary residence at the police agency of ward in compliance with current
regulations.
4. Occupants and temporary
residents in apartment units shall assume responsibility before the law for any
violations against regulations on management and use of apartment building
announced by Ministry of Construction and regulations hereof.
5. Regulations observed and
complied with by all persons working at office, service and commercial areas
shall be formulated and announced by the main investor and the apartment
building meeting in addition to regulations hereof in conformity with features
of each apartment building.
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1. Prohibited acts in management
and use of apartment buildings are regulated 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
dated October 20, 2015 elaborating and guiding the implementation of certain
articles of the Law on housing and relevant laws.
2. Other acts causing adverse
influence on the community and occupants in apartment units shall be subject to
the consideration and decision by the apartment building meeting.
Article 3. Regulations on use of
shared portions of apartment building
1. Use elevators and equipment for
shared use for proper purposes according to their capacity.
2. Do not cause damage to or commit
violations against regulations on use of common shared property of the apartment
building.
3. Comply with regulations on
parking which require drivers must stop or park their vehicles at prescribed
parking areas.
4. Use the community activities
hall for proper purposes according to its functions as regulated by the Law on
housing.
5. Comply with regulations on fire
fighting and prevention of the apartment building.
6. Comply with other regulations
adopted by the apartment building meeting in conformity with features of each
apartment building (if any).
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1. If there is damage occurring in
an apartment unit or other privately-owned portion, the owner or the occupant
can repair or replace the damaged things provided such repairing or replacement
must cause either damage to the shared portions or influence on other apartment
owners.
2. Replacing, repairing or
installing equipment must not make changes or deformation, or cause damage to
the structure of apartment unit.
3. The replacement or repairing of
damage to common shared equipment attached to an apartment unit or other
privately-owned portion must be carried out in compliance with regulations on
management and use of apartment buildings announced by Ministry of Construction
provided such replacement or repairing must not cause adverse influence on
privately-owned portions of other owners. Owner must report damage to the
management board or the managing unit of the apartment building in order to
make timely repair or replacement as well as facilitate the entity in charge of
repairing such damage.
4. If there is any damage to
equipment of the shared portions of the office, service and commercial area of
the apartment building, the owner of that functional area shall make repair or
replacement in accordance with regulations on management and use of apartment
buildings announced by Ministry of Construction.
5. The movement of equipment/
devices in an apartment unit or the movement of materials in course of damage
repairing must be reported to the management board or the managing unit of the
apartment building. And such movement must be made from 08:00 am to 18:00 pm
daily in order to avoid activities of apartment units.
6. Other regulations shall be
formulated and promulgated by the apartment building meeting in conformity with
features of each apartment building.
Article 5. Regulations on
emergency response in apartment building
1. In the event of an emergency
that may cause danger to the life and safety of property in an apartment unit,
the owner or occupant in that apartment unit must promptly report such
emergency to the management board or the managing unit of the apartment
building for handling.
2. In emergency case where the
evacuation of people to out of the apartment building is necessary, the
evacuation must comply with instructions over a loudspeaker or emergency exit
signs or instructions of a doorkeeper or agency competent to move people to
safety place.
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1. The management board of the
managing unit of an apartment building must announce information concerning the
management and use of apartment building on news or bulletin board or by other
communication means of that apartment building.
2. Internal regulations on fire
fighting and prevention must be posted at prescribed places. Regulations on use
of elevators must also be posted at prescribed places for the purpose of
ensuring the convenient and safe use.
Article 7. Rights and
obligations of owners and occupants of apartment units
1. Request the management board and
the managing unit of the apartment building to provide information and contents
concerning the management and use of that apartment building.
2. Owners of apartment units must
pay fire and explosion insurance premiums as regulated by laws.
3. Strictly comply with regulations
hereof and regulations on management and use of apartment buildings announced
by Ministry of Construction.
4. Make full payment of fees for
management of apartment building and other charges on schedule in accordance
with applicable laws and agreements made with relevant service providers.
Article 8. Actions against
violations
1. Violations against regulations hereof
or regulations on management and use of apartment buildings announced by
Ministry of Construction which are committed by members of the management board
or the managing unit of the apartment building, owners, occupants, temporary
residents or guests of apartment units shall be, depending on the severity of
each specific violation, handled in accordance with prevailing laws. The
violating person must also compensate for damage by his/her violation.
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