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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
14/2011/TT-BXD
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Hanoi,
November 25, 2011
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CIRCULAR
PROVIDING FOR PROFESSIONAL TRAINING IN CONDOMINIUM OPERATION
MANAGEMENT KNOWLEDGE AND SKILLS
Pursuant to the Government's
Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers
and organizational structure of the Ministry of Construction;
Pursuant to the Government's
Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the
implementation of the Housing Law;
Pursuant to the Government's
Decree No. 35/2003 of April 4, 2003, detailing a number of articles of the Law
on Fire Prevention and Fighting;
Pursuant to the Government's
Decree No. 114/2010/ND-CP of December 12, 2010, guiding the implementation of
the Construction Law, regarding the maintenance of constructions works;
The Ministry of Construction
provides for training in condominium operation management knowledge and skills
as follows:
Chapter I
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Article 1.
Scope of regulation
This Circular provides contents
related to training in specialized knowledge and skills for operation
management of condominiums (including multi-story buildings for mixed use
purposes with housing spaces) under the Government's Decree No. 71/2010/ND-CP
of June 23, 2010, detailing and guiding the implementation of the Housing Law.
Article 2.
Subjects of application
1. Training is compulsory for
members of the directorates of enterprises which manage the operation of
condominiums, leaders of technical, security, fire-fighting and environmental
sanitation teams and heads of working shifts operating condominiums.
2. Domestic and foreign
organizations and individuals are encouraged to participate in training courses
on condominium operation management knowledge and skills, if they so wish.
3. Those defined in Clauses 1
and 2 of this Article are below referred collectively to as trainees.
4. Organizations and individuals
involved in training in condominium operation management knowledge and skills.
Article 3.
Training purposes and requirements
1. To build trainees' full
capability for participating in condominium operation management.
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Article 4.
Interpretation of terms
1. Condominium operation
management means the management of the control and maintenance of operation of
equipment systems (including air-conditioning system, fire-fighting system,
lifts, water pumps, back-up electricity generators, technical infrastructure
system and other facilities) under the common ownership or common use of
condominiums; the provision of services (security, cleaning, vehicle watch,
garbage collection, flower garden and ornamental plant tending, insect
extermination and other services) to ensure normal operation of condominiums.
2. Condominium maintenance means
the regular maintenance, periodical repair, irregular repair of apartments and
construction equipment and technological equipment fixed to a condominium with
a view to maintaining its quality.
Chapter II
CONDITIONS,
REGISTRATION, APPRAISAL AND RECOGNITION OF CONDOMINIUM OPERATION MANAGEMENT
KNOWLEDGE AND SKILLS TRAINING ORGANIZATIONS
Article 5.
Conditions for organizations providing training in condominium operation
management knowledge and skills
Organizations providing training
in condominium operation management knowledge and skills (below referred
collectively to as training establishments) must satisfy the following
conditions:
1. Having the training function
and being lawfully established and operating;
2. Having classrooms with an
area and equipment suitable to the number of trainees and having facilities and
equipment satisfying teaching and learning requirements;
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4. Having teaching materials
compiled in conformity to the frame program stated in Chapter III of this
Circular;
5. Having a managerial apparatus
meeting the requirements of training in condominium operation management
knowledge and skills; having a training quality control process and training
managers;
6. Compiling a dossier for
registrations under Article 6 of this Circular and being recognized by the
Ministry of Construction as fully qualified for organizing training courses on
condominium operation management knowledge and skills according to Article 7 of
this Circular.
Article 6.
Registration dossiers
A dossier of registration for
recognition of a training establishment comprises:
1. One original application for
recognition of an establishment to provide training in condominium operation
management professional knowledge and skills, made according to a form provided
in Appendix 2 to this Circular (not printed herein);
2. One certified copy of the
decision of a competent body on the setting up of the training establishment or
a certified copy of the enterprise registration certificate as provided for by
law; a report on the list of and information on trainers, enclosed with papers
proving their qualifications defined in Clause 3, Article 5 of this Circular;
3. One set of teaching materials
in conformity with the frame program defined in Chapter III of this Circular
and one report explaining qualifications for being recognized as an
establishment to provide training in condominium operation management knowledge
and skills.
Article 7.
Appraisal order and decision to recognize establishments to provide training in
condominium operation management knowledge and skills
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a/ A council for appraisal and
recognition of an establishment to provide training in condominium operation
management knowledge and skills (below referred to as appraisal council) is set
up under decision of the Minister of Construction. It is composed of the
Housing and Real Estate Market Management Department as its standing body; a
number of related units under the Ministry of Construction and a representative
of the provincial-level Construction Department of the place where the training
establishment is located (for physical inspection of the training establishment
in case of necessity as under Point a, Clause 3 of this Article);
b/ The appraisal council shall
examine conditions and the registration dossier of the training establishment
according to Articles 5 and 6 of this Circular and report them to the Ministry
of Construction for decision.
2. Submission of registration
dossiers
a/A training establishment shall
compile a registration dossier according to Article 6 of this Circular and send
it by post to the Housing and Real Estate Market Management Department -the
standing body of the appraisal council of the Ministry of Construction;
b/ The standing body of the
appraisal council of the Ministry of Construction shall examine the dossier; if
the dossier lacks any papers defined in Article 6 of this Circular, it shall
notify and directly guide the training establishment through sending an
official letter or by telephone or email to its lawful representative, for
supplementation of the dossier;
c/ If the dossier is complete
under Article 6 of this Circular, the standing body of the appraisal council of
the Ministry of Construction shall notify such to the training establishment
through the email address of the lawful representatives of the training
establishment.
3. Appraisal procedures and
decision to recognize training establishments
a/ The appraisal council of the
Ministry of Construction shall appraise the registration dossier of the
training establishment. If finding it necessary, the appraisal council shall
request a provincial-level Construction Department to directly inspect the
capabilities of the training establishment in its locality, based on the
conditions defined in Article 5 of this Circular, and report thereon to the
appraisal council of the Ministry of Construction for consideration and
decision;
b/ Based on the appraisal report
of the appraisal council, the Ministry of Construction shall issue a decision
to recognize the training establishment to be fully qualified for organizing
training courses on condominium operation management knowledge and skills and
upload it on the website of the Ministry of Construction. The registered and
recognized training establishment shall organize the training under its
registered name indicated in the recognition decision.
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a/ The Ministry of Construction
shall issue decisions to recognize training establishments which are fully
qualified for organizing training courses on condominium operation management
knowledge and skills within 30 days after the notification specified at Point
c, Clause 2 of this Article and send the recognition decisions to the training
establishments and the provincial-level Construction Departments of the places
where the training establishments are based;
b/ A decision on recognition of
a training establishment is valid for 5 years; if the training establishment
still wishes to provide training courses on condominium operation management
knowledge and skills, it shall report such to the Ministry of Construction for
consideration and extension of the recognition decision;
c/ A training establishment
recognition decision expires after 5 years from the date of its signing or when
it is withdrawn indefinitely or the training establishment dissolves or is
merged into another.
Chapter
III
FRAME PROGRAM ON
TRAINING IN CONDOMINIUM OPERATION MANAGEMENT KNOWLEDGE AND SKILLS
Article 8.
On basic knowledge
The total time volume covers 16
periods for 2 lectures on:
1. Basic knowledge about land,
construction, housing and real estate business and relevant laws (8 periods);
2. Legal knowledge about
condominium quality control and operation management (8 periods).
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1. The total time volume covers
44 periods for 5 specialized subjects:
a/ Subject 1: Operation
management, warranty and maintenance of condominiums and the electricity supply
system and water supply and drainage system inside and outside condominiums (8
periods);
b/ Subject 2: Operation
management, warranty and maintenance of ventilating-heating systems in a
condominium (8 periods);
c/ Subject 3: Operation
management, warranty and maintenance of lifts in a condominium (8 periods);
d/ Subject 4: Operation management,
warranty and maintenance of the fire-fighting equipment system; fire prevention
and fighting safety; security, salvage, rescue and response to natural
disasters in a condominium (16 periods);
e/ Subject 5: Management of
sanitation, environment and views of a condominium (4 periods).
2. Subject outlines
a/ Subject 1 outline
- Management of the operation of
the electricity supply system and water supply and drainage system inside and
outside a condominium (main structures and operational principles of such
systems and the handling of technical incidents during operation);
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- Maintenance of a condominium,
systems of electricity supply machines and equipment, water supply and drainage
machines and equipment inside and outside a condominium (maintenance jobs,
process and fund, maintenance of areas and sections of a condominium under
common ownership and private ownership);
- Responsibility and mechanism
for coordination between operation management enterprises and investors, management
boards, local administrations, construction contractors and construction
equipment suppliers (electricity supply, water supply and drainage systems...).
b/ Subject 2 outline
- Operation management of the
ventilating-heating systems in a condominium (main structures, operational
principles and the handling of technical incidents during operation);
- Warranty of the
ventilating-heating system (warranty jobs, time and fund);
- Maintenance of the
ventilating- heating system (maintenance jobs, time and fund);
- Responsibility and mechanism
for coordination between operation management enterprises and investors,
management boards, local administrations and ventilating- heating system
suppliers.
c/ Subject 3 outline
- Operation management of lifts
in a condominium (main structures, operational principles, speed and capacity
of lifts and the handling of technical incidents during operation);
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- Maintenance of lifts
(maintenance jobs, process and fund);
- Responsibility and mechanism
for coordination between operation management enterprises and investors,
management boards, local administrations and lift suppliers.
d/ Subject 4 outline
- Operation management of
machines and equipment for on-site fire fighting, salvage and rescue (main
structures, operational principles of the system and the handling of technical
incidents during operation);
- Warranty of fire-fighting,
salvage and rescue machinery and equipment (warranty jobs, duration and fund);
- Maintenance of fire-fighting,
salvage and rescue machinery and equipment (maintenance jobs, process and
fund);
- Some knowledge and skills for
fire-fighting, security, salvage, rescue and response to natural disasters in
condominiums;
- Responsibility and mechanism
for coordination between operation management enterprises and investors,
management boards, local administrations, and fire-fighting, salvage and rescue
agencies.
e/ Subject 5 outline
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- Warranty of machinery,
equipment, garbage discharge pits and environmental sanitation (warranty jobs,
duration and fund);
- Maintenance of machinery,
equipment, garbage discharge pits and environmental sanitation (maintenance
jobs, process and fund);
- Responsibility and mechanism
for coordination between operation management enterprises and investors,
management boards, local administrations and urban environment management
bodies.
Article 10.
Requirements on trainers
1. Trainers are persons who
possess a university or higher degree in a major relevant to their lectures and
subjects and have practical experience of at least 3 years or have worked for
at least 5 years in the following sectors or trades:
a/ For lectures 1 and 2 on basic
knowledge defined in Article 8 of this Circular and Subject 1: Architecture and
construction;
b/ For subject 2: Technical
management of ventilating-heating systems;
c/ For subject 3: Technical
management of lifts;
d/ For subject 4: Fire
prevention and fighting, salvage and rescue;
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2. Trainers shall make declarations
on their professional qualifications and practical experience in professional
activities.
Article 11.
Practice, course-end examinations and certificate-granting time limit
Practice and field surveys,
course-end theoretical examinations have a total time volume of 14 periods,
specifically:
1. Practice and field surveys
(12 periods)
a/ Practice in security, fire
prevention and fighting, salvage, rescue and response to natural disasters in
condominiums;
b/ Field surveys on operation
management activities in a number of condominium projects (including
multi-story buildings of mixed use purposes with dwelling spaces); making of
reports on survey findings.
2. Course-end theoretical
examinations (2 periods)
a/ Examination duration: 2
periods
b/ Examination form:
Multi-choice test.
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The time limit for granting
certificates of completion of a training course on condominium operation
management knowledge and skills is 10 days after the legal representative of a
training establishment signs decisions on grant of certificates to trainees.
Chapter IV
ORGANIZATION OF TRAINING
AND GRANT OF CERTIFICATES; REPORTING REGIME AND CONTENTS
Article 12.
Organization of training in condominium operation management knowledge and
skills
1. Training establishments
organizing training courses shall:
a/ Issue notices of enrolment,
requirements on trainees, training program and content, time, location,
training fee and other necessary information;
b/ Within 7 days before starting
a training course, report to the provincial-level Department of Construction of
the place where the training course is to be organized on the training time and
location; timetable, list of trainees, list of and information on trainers
according to Appendix 1 to this Circular (not printed herein); and the training
program and content. In case of a change, promptly notify it to the
provincial-level Department of Construction of the place where the training
course will be organized;
c/ Disseminate internal regulations
of training courses, provide trainees with adequate training materials;
organize the teaching and learning according to the prescribed content and
time; ensure lectures given by trainers as registered and control the learning
time of trainees;
d/ Organize course-end
theoretical examinations and practice, evaluate and rank study results and
grant certificates to trainees; appoint trainers in charge of every training
course, mark theoretical examination papers of trainees based on trainers'
answers on professional and technical issues in the taught subjects;
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2. Training courses must be
organized on a full-time basis to ensure the time and content of the frame
program defined in Chapter III of this Circular. Training establishments are
encouraged to expand the subject contents and supplement other advanced
subjects for training courses (such as foreign experience; management,
apparatus organization, personnel management and operation fund management
software; code of conduct and settlement of cases related to condominium
operation management...).
3. Trainees shall pay training
expenses to training establishments; training fee rates and the use management
of training fees will be decided by training establishments as for fully
covering expenditures of training courses.
Article 13.
Council for evaluation of study results and consideration of certificate
granting
Heads of training establishments
shall decide to set up a council and issue regulations on its activities for
administering training organization, evaluation of examination results, course-end
ranking and grant of certificates of training for trainees.
Article 14.
Grant of certificates of training
1. Trainees who ensure the
required training time and have study results evaluated by the council as
satisfactory or better will be granted certificates of training. Training
establishments shall keep a register to monitor and manage the grant of their
certificates.
2. Training establishments shall
print and manage their certificates. The content, form and specifications of
certificates comply with the form provided in Appendix 3 to this Circular (not
printed herein).
3. A certificate of training in
condominium operation management knowledge and skills for trainees does not
substitute a certificate of training in fire prevention and fighting for
members of fire-fighting teams of condominiums as provided in the law on fire
prevention and fighting.
Article 15.
Regrant of certificates
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2. Applications for certificate
regrant shall file applications enclosed with their photos to the training
establishments which have granted the certificates, and pay a charge therefor
to the training establishments according to regulations.
3. Training establishments which
have granted the original certificates, shall base themselves on the original
files to regrant the certificates according to the contents of the original
certificates.
Article 16.
Preservation of dossiers
Training establishments shall
compile and preserve dossiers of each training course for at least 5 years to
serve inspection by competent state agencies and the regrant of certificates,
including the following dossiers:
1. Enrolment dossiers, list of
trainees; decisions on grant of certificates and list of brief personal details
of trainees who are granted certificates (full name, year of birth,
professional qualifications, contact addresses and places of permanent
residence) for each training course; examination marks certified by the
training establishment;
2. List of trainers of training
courses (full name, year of birth, profession, professional qualifications,
working agency and contact address);
3. The original register with
signatures of trainees receiving the certificates of training in condominium
operation management knowledge and skills.
Article 17.
Reporting regime and content
1. Once every three months,
training establishments shall send their reports on the number of training
courses and list of trainees (with their full names, years of birth, place of
permanent residence...) who were granted with certificates, to the
provincial-level Department of Construction of the place where training courses
were organized, and concurrently to the Ministry of Construction.
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3. The appraisal council of the
Ministry of Construction shall transfer to the Information Center of the
Ministry of Construction the list of recognized training establishments and promptly
notify violating training establishments and persons to the Information Center
for posting on the website of the Ministry of Construction.
Chapter V
SETTLEMENT OF DISPUTES
AND HANDLING OF VIOLATIONS
Article 18.
Settlement of disputes
Disputes of trainees and
trainers and individuals and organizations related to the training in
condominium operation management knowledge and skills shall be settled on the
basis of reconciliation under this Circular and law. If disputes cannot be
reconciled, they may be brought to a court for settlement.
Article 19.
Settlement and handling of violations
1. Acts of violation committed
by a training establishment include:
a/ Leasing or lending its
legal-person status;
b/ Failing to send notices
before organizing a training course to the provincial-level municipal
Department of Construction; failing to send certificate-granting decisions and
lists of trainees who are granted with certificates to the provincial-level
Department of Construction and the Ministry of Construction; failing to send
periodical reports to provincial-level Department of Construction and the
Ministry of Construction, and violating other provisions of this Circular;
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d/ Employing trainers who fail
to satisfy the set requirements; failing to ensure the prescribed time volume
and contents of the training program; failing to organize theoretical
examinations and practice for trainees.
2. Settlement and handling of
violations
a/ Violations defined at Point
a, Clause 1 of this Article shall be settled and handled as follows:
- For first-time violations, to
request remedy of consequences (if any) and suspend the operation of the
violating training establishment; for second-time violations, to request remedy
of consequences and withdraw for a definite time the decision on recognition of
the violating training establishment;
- For third-time violations, to
withdraw indefinitely the decision on recognition of the training
establishment. The head of the training establishments and related persons
shall be disciplined, administratively handled or examined for penal liability
according to law, based on the severity of their violations.
b/ For violations of one of the
provisions of Point b, Clause 1 of this Article, violators will be cautioned
and asked not to repeat their violations;
c/ For violations of one of the
provisions of Point c, Clause 1 of this Article, violalors will be requested to
remedy the consequences and compensate the damage (if any);
d/ For violations of one of the
provisions of Point d. Clause 1 of this Article, certificates already granted
to trainees will be cancelled. The head of the training establishment and
related persons shall be disciplined, administratively handled, pay damages or
be examined for penal liability according to law, depending on the severity of
their violations.
3. Competence to handle
violations
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b/ Provincial-level Departments
of Construction may issue written cautions against training establishments for
their violations, and cancel certificates already granted to trainees under
Point d. Clause 2 of this Article, and report thereon to the Ministry of
Construction.
Chapter VI
ORGANIZATION OF
IMPLEMENTATION
Article 20.
Responsibilities of provincial-level People's Committees and Departments of
Construction
1. To direct provincial-level
departments and committees to inspect and examine activities of training
establishments and examine the condominium operation management in their
localities under the provisions of this Circular, and handle violations
according to their competence.
2. Provincial-level Departments
of Construction shall conduct periodical and extraordinary inspections and
examinations of activities of training establishments mentioned above and
examine the condominium operation management in their localities; settle
complaints and denunciations and handle violations according to their
competence, and report thereon to the Ministry of Construction and
provincial-level People's Committees for consideration and decision.
Article 21.
Implementation provisions
1. The Housing and Real Estate
Market Management Department is assigned to:
a/ Assist the Minister of
Construction in acting as the standing body of the appraisal council;
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c/ To periodically review and
report on the implementation of this Circular and propose and submit amendments
and supplementations to the Minister of Construction for consideration and
promulgation.
2. Within 12 months after this
Circular takes effect, those defined in Clause 1, Article 2 of this Circular
shall acquire certificates of training in order to participate in condominium
operation management; if they are detected to have participated in condominium
operation management without such certificates, the directors of the operation
management enterprises and related persons shall be handled according to
regulations, pay damages (if any) or be examined for penal liability according
to law, depending on the severity of their violations.
3. This Circular takes effect on
January 9, 2012.
Any problems arising in the
course of implementation should be reported to the Ministry of Construction for
appropriate amendment and supplementation.-
FOR
THE MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Nguyen Tran Nam