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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. 37/2009/TT-BXD
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Hanoi, December 01,
2009
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CIRCULAR
GUIDING METHODS OF
DETERMINING AND MANAGING CONDOMINIUM SERVICE CHARGES
THE MINISTRY OF CONSTRUCTION
Pursuant to the XIth National
Assembly's Housing Law No. 56/2005/QH11 of November 29, 2005;
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;
The Ministry of Construction guides the methods of determining and managing
condominium service charges as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of
application
1. Scope of regulation: This Circular guides
the methods of determining and managing service charges for condominiums and
multistory buildings serving mixed use purposes including residence (below
collectively referred to as condominiums), excluding condominiums built under
the Prime Minister's April 24, 2009 Decisions No. 65/2009/QD-TTg on a number of
mechanisms and policies to build houses for lease to students of universities,
colleges, professional secondary schools and vocational schools; No.
66/2009/QD-TTg on a number of mechanisms and policies to build houses for
industrial park workers; and No. 67/2009/QD-TTg, on a number of mechanisms and
policies to build houses for low-income earners in urban areas.
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Article 2. Principles of determining condominium
service charges
1. Condominium service charges shall be
determined on the principle of accurately and fully covering expenses,
generating a reasonable profit for the management and operation of condominiums
under normal conditions and taking into account practical socio-economic
conditions of each locality and people's incomes in each period. These charges
shall be approved by more than half of members of the condominium management
board by a show of hands or casting secret ballots. For condominiums without a
management board, condominium service charges shall be approved by more than
half of households in the condominiums by a show of hands or casting secret
ballots. If condominium service charges have been agreed in apartment purchase
and sale contracts, the agreed charges apply.
2. Condominium service expenses included in
condominium service charges shall be collected and paid on the principles of
self-collection, self-financing and publicity to ensure the normal operation of
condominiums.
3. Expenses for fuel, electricity, water,
telephone, Internet and other services for each apartment shall not be included
in condominium service charges but be paid by apartment users directly to
service providers (if separate use contracts are available) or to
condominium-managing and -operating enterprises (if such contracts are
unavailable), based on the actually used volume added with a wastage (if any).
4. Maintenance expenses include all expenses
for the renovation, maintenance, minor repair, medium repair, overhaul and
extraordinary repair aiming to maintain the quality of condominiums. These
expenses shall not be included in condominium service charges.
5. Revenues from other services on the areas
under common ownership of condominiums (if any) shall be accounted under the
Finance Ministry's financial regulations and used to offset condominium service
expenses for reducing condominium service charges.
6. For projects on condominiums using
high-class services not under common ownership (such as sauna, swimming pool,
tennis courts or other high-class services), users of these services shall
reach agreement with condominium-managing and -operating enterprises on the
service charges, which shall not be included in condominium service charges.
Chapter II
METHODS OF DETERMINING CONDOMINIUM
SERVICE CHARGES
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1. Condominium services include operation and
maintenance of equipment systems under common ownership or common use of
condominiums; security, sanitation, garbage collection, flower-garden and tree
tending, insect killing and other services, aiming to ensure the normal operation
of condominiums.
2. Condominium service charges include:
2.1. Condominium service expenses (covering
overheads, general management expenses of the condominium-managing and
-operating enterprise, and expenses paid to the management board, if any);
2.2. Reasonable profit ratio;
2.3. Value-added tax.
3. Expenses constituting condominium service
charges include:
3.1. Condominium service expenses, covering:
3.1.1. Overheads:
a/ Expenses for energy, raw materials, fuel
and materials and other expenses (if any) for the operation of the condominium
(such as lifts, water pumps, power backup, technical infrastructure facilities
and other equipment);
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c/ Expenses for services within the
condominium, such as security, environmental sanitation, garbage collection,
flower-garden and tree tending, insect killing and other services (if any),
which shall be determined on the basis of the workload to be performed and the
package levels agreed in the service contract;
d/ Charges for public lighting electricity
and common-use water within the condominium;
e/ Expenses for stationery, furniture,
working offices, daily-life electricity and water and other expenses paid to
the condominium management section.
3.1.2. General management expenses paid to the
condominium-managing and -operating enterprise, which shall be included in condominium
service charges, covering:
a/ Salaries, wages and salary allowances,
social and health insurance premiums, trade union dues and other contributions
from salary funds to the enterprise's management section:
- The salary expense shall be determined
based on the prescribed payroll as well as levels of salaries, salary
allowances and other contributions from salary funds under the State's current
regulations;
- The wage expense shall be determined based
on labor contracts or the collective labor agreement between the condominium-managing
and -operating enterprise and employees;
- Social and health insurance premiums and
trade union dues payable by officials and employees under the State's current
regulations.
b/ Fixed asset depreciation expenses of the
condominium-managing and -operating enterprise. The deduction, management and
use of fixed asset depreciations comply with the Finance Ministry's
regulations.
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3.2. Reasonable profit ratio for the condominium-managing
and -operating enterprise, which must not exceed 10% of condominium service
expenses after subtracting revenues from providing services on the areas under
the common ownership of condominiums (exclusive of value-added tax).
3.3. Value-added tax under the State's
current regulations.
Article 4. Determination of condominium service
charges
Formula:
Of which:
Gdv is the condominium service charge for
1 m2 of the used floor area under private ownership of the apartment
owner or the used floor area under other private ownership (VND/m2/month)
(inclusive of value-added tax);
Q is the total annual condominium service
expenses (VND/year) (exclusive of value-added tax);
Tdv is the annual revenue from services
provided on the areas under the common ownership of a condominium (if any)
(VND/year);
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12 is the total number of months in a year
used for calculating service charges;
P is the reasonable profit ratio (%);
K1 is the coefficient of service
charge reduction applied by the condominium-managing and -operating enterprise
(if any);
K2 is the coefficient of
distribution of condominium service charges (for the floor areas used for
purposes other than residence, such as working offices, commercial activities,
etc.), stipulated by the condominium management board (if any);
T is the value-added tax rate.
Article 5. Determination of service charges of
condominiums without a managing and operating enterprise
For condominiums without a managing and
operating enterprise, condominium service expenses exclude general management
expenses paid to the condominium-managing and -operating enterprise under
Clause 3.1.2, Article 3 of this Circular.
Chapter III
MANAGEMENT OF CONDOMINIUM SERVICE
CHARGES
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1. Condominium project investors shall, based
on the maximum (ceiling) condominium service charge rates or brackets set by
provincial-level People's Committees, calculate the efficiency upon formulating
projects and plans on service charge rates for use as a basis for signing
contracts on purchase and sale of condominium apartments or contracts on
provision of condominium services.
2. Condominium-managing and -operating
enterprises shall themselves calculate and determine condominium service
charges under the guidance of this Circular and submit them to investors (if
any) or condominium-managing units for obtaining approval of condominium
management boards or households in condominiums.
3. Condominium management boards shall
monitor and supervise the management and operation of condominiums under the
terms of signed contracts; test before take-over, make payment to and liquidate
contracts with condominium-managing and -operating enterprises; and directly
collect or authorize condominium-managing and -operating enterprises to collect
condominium service charges.
Article 7. Bases for adjustment of condominium
service charges
1. National and local socio-economic
development conditions and per-capita average income in each period;
2. Supply-demand for the quantity and quality
of condominium services;
3. Market price fluctuations or changes in
the State's mechanisms and policies, resulting in an increase (decrease) by 10%
of condominium service expenses and reasonable profits of condominium-managing
and -operating enterprises.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
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1. The Ministry of Construction shall assume
the prime responsibility for, and coordinate with ministries, branches and
provincial-level People's Committees in, guiding and regularly inspecting and
supervising the implementation of this Circular.
2. Provincial-level People's Committees
shall:
2.1. Set maximum (ceiling) condominium
service charge rates or brackets suitable to each grade and class of
condominiums and service quality for application in their localities, based on
local practical conditions and reasonable expenses of condominium services; and
concurrently report them to the Ministry of Construction for monitoring and inspection.
2.2. Consider and decide to provide partial
supports for condominium service charges, based on the local budget capacity
and actual incomes of people in their localities in each period, and with a
view to encouraging people to live in condominiums for saving land funds.
2.3. Decide or authorize provincial-level
Construction Departments or district-level People's Committees to approve
condominium service charges in case of disputes related to condominium service
charges in their localities.
2.4. Consider, review and adjust maximum
condominium service charge rates or brackets to suit practical conditions.
2.5. Organize, direct, supervise and inspect
the implementation of this Circular in their localities.
Article 9. Responsibilities of organizations and
individuals involved in the determination and management of condominium service
charges
1. Condominium-managing and -operating enterprises
shall:
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b/ Collect, pay and account condominium
service charges as well as other revenues and expenditures in a public and
transparent manner under the State's regulations.
2. Condominium management boards shall:
a/ Supervise the performance of contracts by
condominium-managing and -operating enterprises; and annually or extraordinarily
report to provincial- and district-level People's Committees on revenues and
expenditures related to condominium service charges upon request. At the same
time, publicize the collection and payment of condominium service charges for
people's information on an annual basis or extraordinarily report thereon upon
request of more than half of households in condominiums.
b/ Examine financial statements on revenues
and expenditures related to the management and operation of condominiums, made
by condominium-managing and -operating enterprises under signed contracts, and
report thereon to condominium conferences under regulations.
3. In case condominium service charges,
accurately and fully determined under Article 2, are higher than condominium
service charge rates or brackets promulgated by provincial-level People's
Committees, which are approved by more than half of households in the
condominium or more than half of members of the condominium management board,
the charge rates and service quality agreed between the condominium-managing
and -operating enterprise and households will be applied and reported to
provincial-level People's Committees and the Ministry of Construction for
monitoring and inspection.
4. In case there is a dispute over condominium
service charges, the condominium-managing and -operating enterprise may
temporarily collect these charges at the ceiling rate or a rate within the
condominium service charge bracket promulgated by the provincial-level People's
Committee until the dispute is completely settled.
5. Other organizations and individuals are
encouraged to determine and manage condominium service charges in accordance
with this Circular.
Article 10. Implementation provisions
1. This Circular takes effect 45 days from
the date of its signing.
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FOR THE MINISTER OF
CONSTRUCTION
DEPUTY MINISTER
Tran Van Son