MINISTRY
OF CONSTRUCTION OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
No. 05/2024/TT-BXD |
Hanoi, July 31 of 2024 |
ELABORATING THE LAW ON HOUSING
Pursuant to the Law on Housing dated November 27 of 2023;
Pursuant to Decree No. 52/2022/ND-CP dated November 15, 2022 of the Government on functions, tasks, powers, and organizational structures of Ministry of Construction;
At request of Director of Housing and Real Estate Market Management Agency;
The Minister of Construction promulgates Circular elaborating the Law on Housing.
This Circular elaborates the Law on Housing No. 27/2023/QH15 (hereinafter referred to as “the Law on Housing”), including:
1. Point a Clause 2 Article 21 regarding documents notifying the leasing of houses of foreign house owners in Vietnam to housing authority of districts, communes, city-level provinces, central-affiliated cities (hereinafter referred to as “district housing authority”) where the houses to be leased are located.
2. Point a Clause 3 Article 57 regarding requirements for construction of private multi-storey or multi-unit houses.
3. Clause 5 Article 57 regarding Regulations on management and use of apartment buildings.
4. Clause 9 Article 78 regarding sample documents proving eligibility under Clauses 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11 Article 76 of the Law on Housing; sample documents proving eligibility for social housing support policies.
5. Clause 3 Article 191 regarding expenditure for developing provincial housing development programs and plans.
6. Clause 4 Article 191 regarding sample contracts for purchase, lease purchase, lease of social housing, relocation housing, public housing.
7. Clause 14 Article 191 regarding framework programs for training and refresher training for management of apartment building operation.
1. Domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals related to provisions under this Circular.
2. State authorities related to provisions under this Circular.
ELABORATING PROVISIONS RELATING TO HOUSING DEVELOPMENT AND MANAGEMENT
Article 3. Notifying the leasing of houses of foreign house owners in Vietnam
1. Prior to signing contracts for the leasing of his/her house, a foreign house owner in Vietnam must notify district housing authority of districts where the leased house is located in writing. The notifying document must include name of the owner, address of leased house, duration of lease, number, date of issue of certificate of ownership of the house to be leased, use purpose of the house to be leased and must be filed together with copies of certificate of ownership of the house.
2. Within 15 days from the date on which lease contract is terminated, the foreign house owner must send document notifying the termination of lease contract to district housing authority of district where the leased house is located.
3. District housing authority are responsible for submitting reports on leasing of house of the foreigner in their district to provincial housing authority on a six-monthly, yearly, and irregular basis for reporting to People’s Committees of province or central-affiliated city (hereinafter referred to as “provincial People's Committees”) and Ministry of Construction.
Article 4. Requirements for construction of private multi-storey and/or multi-unit houses
1. Where an individual invests in construction of a house with at least 2 storeys and under 20 units where each storey accommodates dwelling units designed, built for lease, he/she must:
a) obtain construction permit for design dossiers, which must include total number of dwelling units, number of dwelling units on each storey, floor area of each dwelling unit, parking area, common area on each storey and in total. Where he/she is eligible for exemption from construction permit, he/she must inform People’s Committees of communes (hereinafter referred to as “commune-level People’s Committees”) where his/her house is to be built in writing; the document must include number of storeys, number of dwelling units on each storey, floor area of each dwelling unit, total number of dwelling units in the house, common area on each storey and in total.
He/she must build house in accordance with construction permit or notifying document sent to commune-level People’s Committee where their house is located;
b) meet fire prevention and firefighting requirements in accordance with fire prevention and firefighting laws, fire safety requirements in accordance with national standards on single-family houses, traffic requirements for performance of firefighting duty of firefighting facilities, and other requirements (if any) imposed by provincial People’s Committee.
2. Management of operation of private multi-storey and multi-unit houses under Clause 1 of this Article must conform to Regulation on apartment building management and use.
Article 5. Regulation on management and use of apartment buildings
Regulation on management and use of apartment buildings is attached hereto.
SAMPLE DOCUMENTS PROVING ELIGIBILITY AND REQUIREMENTS FOR SOCIAL HOUSING SUPPORT POLICIES
Article 6. Sample documents proving eligibility for social housing support policies
1. Documents proving eligibility for social housing support policies conform to the following regulations:
a) Certified true copies of documents proving persons having meritorious services to the revolution or certified true copies of certificate of martyr's relatives in accordance with Ordinance on benefits for people having meritorious services to the revolution in case of entities under Clause 1 Article 76 of the Law on Housing;
b) Certified true copies of certificate of poor households, near-poor households as per the law in case of entities under Clause 2, Clause 3, and Clause 4 Article 76 hereof;
c) Form No. 1 under Appendix I attached hereto in case of entities under Clause 5, Clause 6, Clause 8, Clause 9, Clause 10, and Clause 11 Article 76 of the Law on Housing;
d) Guidelines of Minister of National Defense and Minister of Public Security in accordance with entities under Clause 7 Article 76 of the Law on Housing.
2. Agencies, entities, and enterprises shall verify documents proving eligibility of:
a) People with low income in cities (if they work under employment contract);
b) Workers and employees working in enterprises, cooperatives, joint cooperatives inside and outside of industrial parks;
c) Officials, public officials, and public employees according to regulations on officials, public officials, and public employees.
3. Public housing authority shall verify documents proving eligibility of entities who have returned official housing.
4. Universities, academies, higher education institutions, colleges, vocational education and training facilities, specialized schools as per the law, public boarding schools for ethnic minorities shall verify documents of students, learners pursuing education at establishments under their management.
Article 7. Sample documents proving housing requirements for social housing purchase, lease purchase
Documents proving housing requirements for social housing purchase, lease purchase for people’s armed forces shall conform to Form No. 2 (if they have not owned a house) or Form No. 3 (if they have owned a house) under Appendix I attached hereto.
Where applicants for social housing purchase or lease purchase are married, their spouses must also submit documents proving housing requirements under Form No. 2 Appendix I attached hereto.
Article 8. Sample documents proving income requirements for social housing purchase, lease purchase
1. Documents proving income requirements for social housing purchase and lease purchase shall conform to Form No. 4 (in case of entities under Clause 5, Clause 6, Clause 7, and Clause 8 Article 76 of the Law on Housing) or Form No. 5 (in case of entities under Clause 5 Article 76 of the Law on Housing not working under employment contracts) under Appendix I attached hereto.
Where applications for social housing purchase or lease purchase are married, their spouses must also submit documents proving income requirements under Form No. 4 or Form No. 5 of Appendix I attached hereto.
2. Agencies, entities, and enterprises where entities below are working shall verify documents proving income requirements for social housing purchase and lease purchase:
a) People with low income in cities (if they work under employment contract);
b) Workers and employees working in enterprises, cooperatives, joint cooperatives inside and outside of industrial parks;
c) Officers, non-commissioned servicemen, servicemen in people’s armed forces, people security personnel, active national defense public employees, employees; individuals engaging in cryptography operations and other work in cryptography organizations and receiving salaries from state budget;
d) Officials, public officials, and public employees according to regulations on officials, public officials, and public employees.
Where entities under this Clause retire, documents proving income requirements are decision on retirement pensions of the entities.
3. In respect of entities under Clauses 2, 3, and 4 Article 76 of the Law on Housing, documents proving income requirements for purchase, lease purchase of social housing are certified true copies of poor households, near-poor households.
1. Documents proving land, house, permanent residence registration requirements of households, individuals for concessional loans taken via Bank for Social Policy for house construction, renovation, or repair shall conform to Form No. 6 under Appendix I attached hereto.
2. Documents proving land, house, permanent residence registration requirements of households, individuals for concessional loans taken via State-designated credit institutions for house construction, renovation, or repair shall conform to Form No. 7 under Appendix I attached hereto.
EXPENDITURE ON HOUSING DEVELOPMENT PROGRAMS, PLANS AND HOUSING CONTRACT SAMPLES
Article 10. Expenditure on developing provincial housing development programs
1. Expenditure on developing provincial housing development programs is determined as follows:
CCT = CCT1 + CCT2
where:
CCT: means total expenditure on developing housing development programs.
CCT1: means costs for developing housing development programs.
CCT2: means management costs for housing development program of provincial housing authority.
2. CCT1 under Clause 1 of this Article is determined as follows:
CCT1 = Ccg+ Cql+ Ck + TL + GTGT
where:
Ccg: means costs paid for experts for performance of tasks.
Cql: means management costs of consulting entities.
Ck: means other costs including: travel, accommodation, office supplies, and other reasonable costs as per the law.
TL: means income subject to tax.
GTGT: means Value-added Tax (VAT).
3. Constituents of CCT1 under Clause 2 of this Article are determined as follows:
a) Ccq is determined using the formula below:
Ccg = Unit daily salaries for experts multiplied (x) Number of work days.
Unit daily salaries for experts are determined by monthly salaries for consulting experts in Vietnam divided by 26 days and specified under schedule No. 4 of Appendix II attached hereto.
Expert rate and number of work days for tasks under provincial housing development programs are specified under Schedule No. 1 of Appendix II attached hereto;
b) Cql includes: costs relating to operation of management, administration departments of consulting organizations (salaries of management departments), costs for maintaining operation of consulting organizations; costs for office; costs for social affairs (contribution to social insurance, health insurance, unemployment insurance in accordance with regulations on liabilities of consulting organizations); professional liability insurance and other costs relevant to operation of consulting organizations. Cql of consulting entities equals 25% of Ccq;
c) Ck includes travelling, accommodation costs which are determined in accordance with instructions of Ministry of Finance regarding work trip fees and other fees appropriate to practical situations at the time of producing estimates;
d) TL equals 6% of Ccq and Cql based on regulations on determining and managing construction investment;
dd) GTGT is determined on the basis of a rate applicable to counseling service as per the law.
4. CCT2 under Clause 1 of this Article are operating costs of provincial housing authority that governs the development of housing development program, including:
a) Ccg is determined on the basis of work to be completed; expert rate and number of work days.
Unit daily salaries for experts are determined by monthly salaries for consulting experts in Vietnam divided by 26 days and specified under schedule No. 4 of Appendix II attached hereto.
Expert rate and number of work days for professional tasks are specified under Schedule No. 3 of Appendix II attached hereto;
b) Chh is determined in accordance with guidelines of Ministry of Finance regarding conference expenditure;
c) Ck includes travelling, accommodation costs determined in accordance with instructions of Ministry of Industry and Trade regarding work trip fees; costs for choosing consulting entities (if any) in accordance with bidding laws, and other costs appropriate to practical situations at the time of occurrence.
5. The basis for determining fees are expert rate and expert salaries according to regulations of Ministry of Labor - War Invalids and Social Affairs, work trip allowances, conference allowances according to regulations of Ministry of Finance.
Article 11. Expenditure on developing provincial housing development plan
1. Expenditure on developing provincial housing development plan is determined using formula below:
CKH = CKH1 + CKH2
where:
CKH: means total expenditure on developing housing development plan.
CKH1: means expenditure on developing housing development plan.
CKH2: means management costs for development of housing development plan of housing authority.
2. CKH1 under Clause 1 of this Article is determined as follows:
CKH1 = Ccg+ Cql + Ck + TL + GTGT
where:
Ccq: means costs for experts to commence construction of housing development plan determined in accordance with Point a Clause 3 Article 10 hereof with expert rate and number of work days for construction tasks in provincial housing development plan under Schedule No. 2 Appendix II attached hereto.
Cql: means management costs of consulting entities determined in accordance with Point b Clause 3 Article 10 hereof.
Ck: means other costs including: travelling, accommodation, office supply costs and other reasonable costs determined in accordance with Point c Clause 3 Article 10 hereof.
TL: means income subject to tax, determined in accordance with Point d Clause 3 Article 10 hereof.
GTGT: means VAT, determined in accordance with Point dd Clause 3 Article 10 hereof.
3. CKH2 under Clause 1 of this Article means costs for management conducted by provincial housing authority regarding housing development process and is determined in accordance with Clause 4 Article 10 hereof.
4. The basis for determining fees are expert rate and expert salaries according to regulations of Ministry of Labor - War Invalids and Social Affairs, work trip allowances, conference allowances according to regulations of Ministry of Finance.
Article 12. Regulations on contract samples regarding housing
1. Sample contracts for purchase of relocation housing are specified under Appendix III attached hereto.
2. Sample contracts for lease-purchase of relocation housing are specified under Appendix IV attached hereto.
3. Sample contracts for lease of relocation housing, old houses under public property are specified under Appendix V attached hereto.
4. Sample contracts for purchase of social housing are specified under Form No. 1 of Appendix VI attached hereto; sample contracts for lease-purchase of social housing are specified under Form No. 2 Appendix VI attached hereto; sample contracts for lease of social housing are specified under Form No. 3 Appendix VI attached hereto.
5. Sample contracts for purchase of old houses under public property are specified under Appendix VII attached hereto.
Article 13. Law training regarding management of apartment building operation and use
Law training regarding management of apartment building operation and use consists of 2 lectures below:
1. Lecture on general regulations of the law including: housing laws, construction laws, fire prevention and firefighting laws, civil laws, land laws, real estate business laws relating to apartment buildings.
2. Lecture on specific details in managing operation and use of apartment buildings.
1. Lectures under Clause 1 Article 13 hereof consist of:
a) General regulations of the law pertaining to housing laws, construction laws, fire prevention and firefighting laws, civil laws, land laws, real estate trading laws relating to apartment buildings;
b) Regulations of the law pertaining to investment, construction, renovation, and maintenance of apartment buildings;
c) Regulations of the law pertaining to land use right and ownership of apartment buildings;
d) Regulations of the law pertaining to housing transactions, contracts for management service of apartment building operation, contracts for apartment building maintenance.
2. Lectures under Clause 2 Article 13 hereof consist of:
a) Regulations of housing laws pertaining to apartment building management and use;
b) Details of Regulation on apartment building management and use.
3. In addition to details specified under Clause 1 and Clause 2 of this Article, training facilities may add other relevant details at request of the learners.
Article 15. Professional training regarding management of apartment building operation
1. Mandatory theory sessions consist of the following 7 topics:
a) Topic 1: Management of apartment building operation;
b) Topic 2: Managing electricity supply, water supply and drainage, ventilation - heating systems in apartment building;
c) Topic 3: Managing operation of fire prevention and firefighting system, equipment in apartment building;
d) Topic 4: Managing operation of elevator and escalator system in apartment building;
dd) Topic 5: Managing environmental hygiene and scenery of apartment building and wastewater discharge;
e) Topic 6: Managing risk, order and security, administration, natural disaster preparedness in apartment building; requirements pertaining to civilized behavior in cities and apartment buildings (if any);
g) Topic 7: Applying information technology in management of apartment building operation.
2. In addition to the 7 topics under Clause 1 of this Article, training facilities may include additional topics to meet learners’ demands.
3. Mandatory practice sessions consist of:
a) Physical survey of management of apartment building operation;
b) Security, protection, customer care, environmental hygiene, fire safety, rescue, adoption of digital technology and management software for apartment building operation;
c) Other practice details relating to managing apartment building operation that suit learners’ demands;
d) Producing reports after survey and practice containing: cooperation between relevant organizations, individuals in managing apartment building operation; evaluation regarding protection, security, fire prevention and firefighting, environmental hygiene of apartment building and adoption of information technology in managing apartment building operation.
1. Outline of topic 1 on management of apartment building operation consists of:
a) Management models of apartment building operation and cooperation methods and details between relevant organizations and individuals in managing apartment building operation;
b) Management and use of common area, equipment for common use, in common area;
c) Management of entry, exit, noise, security, and hygiene, environment in apartment building;
d) Guidelines on use of public services of apartment building; reception and processing user feedback to improve public service quality;
dd) Procedures receiving and managing equipment, instruments of apartment building;
e) Service operation, including determining, storing, updating information on owners, users of apartment buildings; code of conduct of entities managing operation and solutions for handling information negatively affecting psychology of apartment building users;
g) Other relevant issues to suit learners’ demands.
2. Outline of topic 2 on managing electricity supply, water supply and drainage, ventilation - heating systems in apartment building consists of:
a) Management of operation and maintenance of electrical system, emergency warning system, lighting protection system, grounding system (specifying location, operating mechanism, maintenance principles, and handling of technical issues in operation);
b) Management of operation and maintenance of water supply and drainage system in and outside of apartment building (specifying location, operating mechanism, maintenance principles, and handling of technical issues in operation);
c) Management of operation and maintenance of HVAC (heating, ventilation, air conditioning) system in apartment building (specifying location, operating mechanism, maintenance principles, and handling of technical issues in operation);
d) Cooperation responsibilities and regulation between entities managing apartment building operation and project developers, apartment building administration boards, local government, and contractors for equipment supply;
dd) Other relevant issues to suit learners’ demands.
3. Outline of topic 2 on managing operation of fire prevention and firefighting system, equipment in apartment building consists of:
a) Management of operation of fire prevention and firefighting machinery, equipment in apartment building (specifying location, operating mechanism, maintenance principles, and handling of technical issues in operation);
b) Cooperation responsibilities and regulation between entities managing apartment building operation and project developers, apartment building administration boards, local governments, fire and rescue authority;
c) Other relevant issues to suit learners’ demands.
4. Outline of topic 4 on managing operation of elevator and escalator system in apartment building consists of:
a) Management of operation of elevator and escalator in apartment building (specifying location, operating mechanism, maintenance principles, and handling of technical issues in operation);
b) Cooperation responsibilities and regulation between entities managing apartment building operation and project developers, apartment building administration boards, local governments, and elevator, escalator supply contractors;
c) Other relevant issues to suit learners’ demands.
5. Outline of topic 5 on managing environmental hygiene and scenery of apartment building and wastewater discharge consists of:
a) Hygiene and environment management of apartment building;
b) Management of waste and wastewater processing system operation in apartment building (specifying location, operating mechanism, maintenance principles, and handling of technical issues in operation);
c) Insecticide and tree care procedures;
d) Cooperation responsibilities and regulation between entities managing apartment building operation and project developers, apartment building administration boards, local governments, and urban environment authority;
dd) Other relevant issues to suit learners’ demands.
6. Outline of topic 6 on managing risk, order and security, administration, natural disaster preparedness in apartment building; requirements pertaining to civilized behavior in cities and apartment buildings (if any) consists of:
a) Management of risks in apartment building (specifying risks in managing apartment building operation, evaluating risks, and organizing risk control), insurance policies for limiting risks in apartment buildings and types of insurance contract;
b) Control of order and security in and outside of apartment building (specifying procedures for controlling people, traffic vehicles, and patrol procedures in and outside of apartment building);
c) Knowledge and experience in occupational safety, development of plan and expenditure provisions for fire prevention, firefighting, rescue, and natural disaster preparedness in apartment building;
d) Administrative management in managing apartment building operation;
dd) Requirements pertaining to civilized behaviors in cities and apartment buildings (if any);
e) Other relevant issues to suit learners’ demands.
7. Outline of topic 7 on applying information technology in management of apartment building operation consists of:
a) Application of information technology in connecting project developers, administration boards, entities managing operation, owners, users of apartment building;
b) Application of information technology in management of apartment building operation;
c) Application of information technology in notifying, receiving feedback and propositions of owners, users regarding management services for apartment building operation; inhabitant survey, service quality assessment; organization of online apartment building meeting due to epidemic, natural disasters which render in-person meeting unviable;
d) Other relevant issues to suit learners’ demands.
Outline of training and advanced training for members of apartment building administration board consists of:
1. Knowledge of the law relating to managing apartment building operation and use under Article 13 hereof.
2. Basic details of service contracts for operation management and apartment building maintenance contracts; classification of disputes and entitlement to settle disputes regarding service contracts for operation management and apartment building maintenance contracts.
3. Basic understanding regarding reception of apartment building dossiers, determination of apartment building drawings.
4. Understanding regarding management, collection and use of maintenance costs for common area, financial funding of apartment building administration boards, selection of entities in charge of maintenance for common area, selection of entities managing apartment building operation, cooperation between apartment building administration boards, project developers, entities managing operation, and local governments.
5. Other relevant issues to suit learners’ demands.
1. Universities, colleges, vocational intermediate education institutions, training facilities, real estate trading enterprises eligible to provide education and training shall provide training for management of apartment building operation.
On the basis of framework program for training and advanced training for management of apartment building operation under Chapter V hereof, training facilities shall develop lectures and provide training to suit learners’ demand.
2. Training facilities for training and advanced training for management of apartment building operation shall:
a) develop specific training duration; situate locations for theory training and practice training that satisfy training demands;
b) choose and assign lecturers having knowledge and qualifications appropriate to training topic to provide training;
c) prepare management program, distribute lecturers for training, manage learners, issue certificate of completion of training, advanced training for management of apartment building operation in accordance with housing laws;
d) comply with regulations on inspection, examination, and penalties of competent authority; submit training reports to Ministry of Construction, provincial housing authorities of provinces and cities where training and advanced training take place on a six-monthly basis or irregular basis at request of these authorities;
dd) implement other relevant regulations during training and issuance of certificate of completion of training, advanced training for management of apartment building operation as per the law.
Article 19. Responsibility of local government
1. Provincial People’s Committees have the responsibility to:
a) request local authority to review, amend, promulgate regulations within the powers of provincial People’s Committees relevant to this Circular in a manner compliant with the Law on Housing and documents elaborating this Law;
b) organize implementation of housing laws and this Circular;
c) conduct inspection, examination, and take actions within their powers or request competent authority to take actions against violations of housing laws and this Circular in their provinces and cities;
d) publicize and educate local organizations and individuals about housing laws;
dd) handle complaints within their powers during implementation of this Circular or request competent authority to take actions as per the law;
e) perform other duties in accordance with the Law on Housing or duties assigned by the Government and/or Prime Minister.
2. Provincial housing authority have the responsibility to:
a) take charge and cooperate with local authority in determining expenditure on developing provincial housing development programs, plans and requesting provincial People's Committees to review and decide in accordance with this Circular;
b) Monitor and submit reports on houses for lease of foreigners in their provinces and cities to provincial People’s Committees and Ministry of Construction in accordance with this Circular;
c) monitor, expedite, and provide guidelines on management of apartment building operation and use;
d) conduct inspection, examination, and take actions within their powers or request competent authority to take actions against violations of this Circular;
dd) execute other duties in accordance with the Law on Housing, duties assigned by the Government or the Prime Minister or provincial People’s Committees.
3. District and commune People’s Committees shall execute duties assigned to them in accordance with housing laws, this Circular, and local government organization laws.
Article 20. Transition clauses
1. Carry-over of expenditure on developing provincial housing development programs and plans:
a) Where provincial People’s Committees have approved expenditure on provincial housing development programs and plans before the effective date hereof, the approved expenditure still prevails;
b) Where provincial housing authority has submitted scheme and estimate on expenditure on developing, amending provincial housing development programs and plans before the effective date hereof but provincial People’s Committees have not approved the expenditure, provincial housing authority shall re-calculate expenditure on developing, amending provincial housing development programs and plans in accordance with this Circular and submit to provincial People’s Committee for approval.
2. Where individuals wishing to build houses of at least 2 storeys and less than 20 dwelling units with dwelling units designed, built for lease apply for construction permit before the effective date hereof and have not received the construction permit issued by competent authority after the effective date hereof, the applying individuals must review and adopt additional requirements pertaining to housing construction under this Circular before obtaining construction permit.
Where construction permit is exempted in accordance with construction law and construction is not complete as of the effective date hereof, individuals investing in housing construction must inform commune People's Committees about information under Clause 1 Article 4 hereof.
3. Training facilities that are providing training and advanced training for management of apartment building operation must develop lectures, survey, practice sessions in accordance with framework programs, assign lecturers appropriate to topics pertaining to management of apartment building operation under this Circular within 12 months from the effective date hereof.
4. Carried over regulations pertaining to management and use of apartment buildings shall conform to Regulation on management and use of apartment buildings attached hereto.
5. Where contracts for purchase, lease purchase, lease of relocation housing, old houses under public property have not been signed by the parties as of the effective date hereof, the parties must enter into new contracts using contract forms attached hereto.
1. This Circular comes into force from August 01 of 2024.
2. The following Circulars are annulled:
a) Circular No. 05-BXD/DT dated February 9 of 1993 of Ministry of Construction;
b) Joint Circular No. 13/LB-TT dated August 18 of 1994 of Ministry of Construction, Ministry of Finance, Government Authority of Pricing;
c) Circular No. 11/2008/TT-BXD dated May 5 of 2008;
d) Circular No. 37/2009/TT-BXD dated December 1 of 2009 of the Minister of Construction;
dd) Circular No. 09/2015/TT-BXD dated December 29 of 2015 of Minister of Construction;
e) Circular No. 02/2016/TT-BXD dated February 15 of 2016 of Minister of Construction;
g) Circular No. 19/2016/TT-BXD dated June 30 of 2016 of Minister of Construction;
h) Circular No. 28/2016/TT-BXD dated December 15 of 2016 of the Minister of Construction;
i) Circular No. 31/2016/TT-BXD dated December 30 of 2016 of the Minister of Construction;
k) Circular No. 06/2019/TT-BXD dated October 31 of 2019 of the Minister of Construction;
l) Circular No. 07/2021/TT-BXD dated June 30 of 2021 of the Minister of Construction;
m) Circular No. 09/2021/TT-BXD dated August 16 of 2021 of the Minister of Construction;
n) Circular No. 03/2023/TT-BXD dated April 28 of 2023 of the Minister of Construction.
3. Where provisions under legislative documents promulgated by the Minister of Construction, other ministries, central departments, and provincial People’s Committees differ from provisions under this Circular, the provisions under this Circular will prevail.
4. Difficulties that arise during implementation of this Circular should be reported to the Ministry of Construction./.
|
PP.
MINISTER |
ON MANAGEMENT AND USE OS APARTMENT
BUILDING
(Attached to Circular No. 05/2024/TT-BXD
dated July 31 of 2024 of the Minister of Construction)
1. This Regulation applies to apartment buildings built for residential purpose and apartment buildings built for mixed use including residential and other purposes (including dwelling units serving residential purpose, dwelling units serving tourist accommodations as per tourism laws, service, commercial structures, offices, and other structures), multi-storey multi-units houses in accordance with the Law on Housing No. 27/2023/QH15 (hereinafter referred to as “Law on Housing”), to be specific:
a) Commercial apartment buildings;
b) Social apartment buildings, apartment buildings serving as housing for people’s armed forces, other than apartment buildings under Clause 3 of this Article;
c) Relocation apartment buildings;
d) Old apartment buildings under public property that have been renovated, reconstructed;
dd) Apartment building for official affairs (hereinafter referred to as “official apartment building”);
e) Multi-storey and multi-unit houses under Clause 1 Article 57 of the Law on Housing;
g) Multi-storey and multi-unit houses under Clause 3 Article 57 of the Law on Housing meeting apartment building requirements under Article 142 of the Law on Housing.
2. This Regulation is recommended for old apartment buildings under public property that have not been renovated, reconstructed or multi-storey and multi-unit houses not mentioned under Point e, Point g Clause 1 of this Article.
3. Social apartment buildings rented to students, learners and worker housing in form of dorms are not regulated by this Regulation.
1. Developers of housing construction projects; owners, users of apartment buildings; administration boards of apartment buildings; entities managing apartment building operation.
2. State authority related to the management and use of apartment buildings.
3. Other organizations and individuals related to the management and use of apartment buildings.
In the Regulation, the terms below are construed as follows:
1. “Apartment building” means houses defined under Clause 3 Article 2 of the Law on Housing.
2. “Apartment block” means an individual block or blocks sharing structures or technical system and built in accordance with planning and project dossiers approved by competent authority.
3. “Apartment complex” means a combination of at least two apartment buildings built under planning and project dossiers approved by competent authority.
4. “Residential apartment building” means an apartment building designed and built for residential purposes only.
5. “Mixed-use apartment building” means an apartment building designed and built for residential and other purposes such as office, service, commerce.
6. “Developer” of a housing investment and construction project means an organization selected to execute the housing investment and construction project in accordance with the Law on Housing.
7. “Apartment building owner” means an owner of a dwelling unit, owner of area other than a dwelling unit in an apartment building.
8. “Apartment building user” means an owner who uses apartment building or an organization, a household, an individual legitimately using dwelling unit or other area in apartment building by renting, borrowing, lodging, obtaining authorization to manage, use or using under decision of competent authority.
9. “Representative” of owner or dwelling unit or area other than dwelling unit in apartment building means an individual representing owner of each dwelling unit, area other than dwelling unit in apartment building or representing legitimate user duly authorized in writing by owner of dwelling unit or other area in apartment building (hereinafter referred to as “owner representative”).
10. “Single-owner apartment building” means an apartment building owned by a single owner and not separated into common area, private area.
11. “Multi-owner apartment building” means an apartment building with at least two owners and consisting of private area of each owner and common area of all owners.
12. “Common area” in an apartment building means area, equipment, system, technical infrastructure, specified under Clause 2 Article 142 of the Law on Housing.
13. “Common area” of an apartment complex means area, structures, equipment, system, technical infrastructure under common ownership of owners of apartment complex, including water tanks, generators, water heaters, common air conditioning (if any), septic tanks, water pumps, common yards, gardens, parks, and other work items in apartment complex defined under housing investment and construction projects and approved for use by users other buildings in the complex.
14. “Residential zone” in a mixed-use apartment building for residential purposes and other purposes means a zone containing residential dwelling units or residential dwelling units combined with tourist accommodations equipped with electricity supply system, water supply and drainage system, elevator system, escalator system, fire prevention and firefighting system, garbage treatment system compliant with design dossiers approved by competent authority in accordance with construction laws to serve these dwelling units. Common area of residential zones of dwelling units are areas, equipment, system defined under Point b Clause 2 Article 142 of the Law on Housing under common ownership of dwelling unit owners.
15. “Commercial zone” in a mixed-use apartment building for residential and non-residential purposes means a zone for office, service, commerce equipped with electricity supply system, water supply and drainage system, elevator system, escalator system, fire prevention and firefighting system, garbage treatment system compliant with design dossiers approved in accordance with construction laws to serve these office, service, and commerce areas. Common area of commercial zones are area, equipment under Point b Clause 2 Article 142 of the Law on Housing under common ownership of owners of commercial zones.
Article 4. Principles in apartment building management and use
1. The use of apartment buildings must comply with approved occupancies, design purpose, and projects.
2. The management and use of apartment building shall be implemented on the basis of voluntary commitment and agreement between the parties without contradicting housing laws, relevant law provisions, and social ethics.
3. Payment of expenditure on managing apartment building operation shall comply with agreement between owners, users of apartment buildings and entities managing operation on the basis of housing laws. Owners, users of apartment buildings must incur expenditure on maintenance, managing operation, operation of administration boards of apartment buildings (hereinafter referred to as “administration boards”) and other fees, charges to facilitate the use of apartment buildings in accordance with the Law on Housing, this Regulation, and relevant law provisions; comply with internal regulations on apartment building management and use, housing laws, this Regulation, and relevant law provisions during management and use of apartment building.
The use of expenditure on managing operation, maintenance for common area of apartment buildings must be purposeful, public, transparent.
4. Administration boards shall represent owners, users of apartment buildings to exercise rights and responsibilities relating to the management and use of apartment building in accordance with housing laws and this Regulation; where establishment of administration boards is not mandatory in accordance with the Law on Housing, owners and users of apartment buildings shall negotiate about solutions for apartment building management.
5. All disputes and complaints pertaining to the management and use of apartment buildings shall be resolved in accordance with the Law on Housing, this Regulation, and relevant law provisions.
6. All violations of regulations on management and use of apartment buildings must be promptly and stringently dealt with as per the law.
7. Encourage project developers, administration boards, entities managing operation, owners, users of apartment buildings to adopt science, technical engineering, and information technology in management and use of apartment buildings.
Article 5. Principles for determining area of dwelling units, other areas in apartment buildings
1. Usable area of a dwelling unit is determined by carpet area as depicted under the illustration below and specified in certificate of land use right, certificate of ownership for house attached to land (hereinafter referred to as “Certificate”) issued to buyer or lease-purchaser, including area of walls separating rooms in the dwelling unit and area of balcony, loggia (if any) attached to the dwelling unit and excluding area of walls surrounding the dwelling unit, walls separating dwelling units, floor area occupied by pillars, technical panels, exterior walls of technical panels (if any) inside the dwelling unit.
For the purpose of calculating balcony or loggia area, floor area up until the interior edge of the balcony or loggia will be used for the calculation; where balcony or loggia contains shared walls, floor area from the interior of these shared walls will be used for the calculation.
2. Upon handing over dwelling units, the parties must specify actual usable area of the dwelling units and area under signed contracts for purchase, lease-purchase of dwelling units to the record of dwelling unit handover or contract appendix; record of dwelling unit handover or contract appendix are deemed inseparable from contracts for purchase, lease-purchase of dwelling units.
Article 6. Rule for apartment building management and use
1. Rule for apartment building management and use containing details under Clause 2 of this Article is mandatory in apartment buildings regulated by this document.
2. Rule for apartment building management and use must contain:
a) Regulations applied to owners, users, temporary residents, and visitors of the apartment building;
b) Details not implemented in management of apartment building operation and use; regulations pertaining to environmental hygiene, etiquette, order and security in apartment building;
c) Regulations pertaining to the use of common area of apartment building;
d) Regulations pertaining to repair of damage, replacement of equipment in common area and solutions in case of incident in apartment building;
dd) Regulations on fire prevention and fire safety in apartment building;
e) Regulation on disclosure of information pertaining to the use of apartment building;
g) Regulations on obligations of owners, users of apartment buildings, including payment of expenditure on maintenance, managing apartment building operation as per the law, and solutions for failure to comply with these obligations;
h) Other regulations depending on characteristics of each apartment building.
3. Where initial apartment building meetings have not been held, project developers are responsible for developing rule for apartment building management and use in accordance with Clause 2 of this Article, attach contracts for dwelling unit sale, lease-purchase, and publicly post the rule at community hall, stair lobbies, and receptionist areas of apartment building.
4. At initial apartment building meetings, the rule for apartment building management and use drafted by project developers can be reviewed, amended, revised as long as the amendments, additions do not contradict housing laws and this document. Following initial apartment building meetings, administration boards or representatives of apartment building management in case establishment of administration board is not mandatory are responsible for publicizing the rule at community hall, stair lobbies, and receptionist areas of apartment building.
Article 7. Activities for managing apartment building operation
1. Activities for managing apartment building operation consist of:
a) Regulating, maintaining, inspecting elevator system, maintaining water pumps, power generators, automatic fire alarm systems, firefighting system, firefighting facilities, firefighting apparatus, backup equipment, and other equipment in common area of apartment buildings, apartment complex for normal operation;
b) Providing environmental protection, sanitation, garbage collection, garden care, pest control services and other services to maintain normal operation of apartment buildings;
c) Conducting other tasks decided in apartment building meetings.
2. Where entities managing operation of apartment buildings compliant with Clause 1 Article 149 of the Law on Housing are required, all activities under Clause 1 of this Article must be conducted by the entities; owners and users of apartment buildings are not allowed to hire other service providers to perform operation management. Entities managing apartment building operation may enter into contracts with service providers for execution of management activities as long as they must be accountable for managing operation in accordance with service contracts signed with administration boards.
DETAILS OF APARTMENT BUILDING MANAGEMENT AND USE
Article 8. Management of private area in multi-owner apartment buildings
1. Determination of private area in multi-owner apartment buildings conforms to Clause 1 Article 142 of the Law on Housing.
2. Owners of apartment buildings may, at their discretion or by authorizing other people via documents signed by the owners, to manage private area of the owners as long as the use of the private area adheres to approved occupancy and purposes and does not affect private area of other owners or common area of apartment buildings.
3. Where regulations of the law prescribe use and residence conditions of owners and users of apartment buildings, such regulations of the law must be adhered to.
Article 9. Management of common area in multi-owner apartment buildings
1. Determination of common area in multi-owner apartment buildings shall conform to Clause 2 Article 142 and Point a Clause 2 Article 144 of the Law on Housing.
2. In respect of common area in residential apartment buildings, owners and users of apartment buildings are responsible for joint management; where entities managing apartment building operation are required, such entities shall be assigned to manage the common area; where entities managing apartment building operations are not required, apartment building meetings shall assign administration boards or other entities to manage the common area.
3. Where common area of apartment building has mixed occupancy:
a) Where common area of commercial zones cannot be isolated from that of residential zones, owners of apartment buildings are responsible for joint management of the common area; management of operation of this common area conforms to Clause 2 of this Article;
b) Where common area of commercial zones can be isolated from that of residential zones, owners of residential zones are responsible for managing the common area of the residential zones; such management conforms to Clause 2 of this Article. Common area of commercial zones shall be under management of entities managing operation; where entities managing operation are not required, owners of the commercial zones shall be responsible for management.
in respect of common area of the entire building, owners of apartment buildings are responsible for joint management; the management of this common area conforms to Clause 2 of this Article.
4. In respect of community halls of apartment buildings, owners or administration boards (if any) or entities managing apartment building operation shall be responsible for management in accordance with decision of apartment building meetings.
5. In respect of common area of apartment complex, administration boards shall represent the owners to manage the common area.
Management of common area of apartment complex conforms to Clause 4 Article 28 hereof.
Article 10. Preparing and handing over apartment building dossiers
1. Owners of apartment buildings must prepare apartment building dossiers in accordance with Clause 2 Article 119 of the Law on Housing.
2. Developers are responsible for preparing apartment building dossiers in accordance with construction laws.
Where apartment building dossiers are no longer available, developers of the apartment buildings must prepare as-built dossiers again in accordance with construction laws. Where developers are no longer available, apartment building meetings shall assign administration boards to hire qualified entities to prepare apartment building dossiers again; expenditure on hiring qualified entities shall be incurred by owners of apartment buildings.
3. Within 20 days from the date on which administration boards or representatives of apartment building management (where administration boards are not required) request developers to hand over apartment building dossiers, the developers must hand over 2 dossier copies photocopied from original copies to the administration boards. Apartment building dossiers handed over to administration boards consist of:
a) As-built dossiers, layout drawings of apartment buildings (with list of drawings attached) in accordance with construction laws;
b) Equipment origin dossiers, equipment installation contracts signed with installers;
c) Wastewater treatment system commissioning documents;
d) Structure operation and utilization procedures; structure maintenance procedures;
dd) Notice of approval of work item, apartment building commissioning results of construction authority in accordance with construction laws;
e) Layout drawings of parking area produced by developers on the basis of project and design dossiers approved by competent authority, such drawings must distinguish parking areas dedicated to owners, users of apartment buildings, including common parking spaces for owners of apartment buildings, motor vehicle parking spaces, and public parking area.
4. Prior to handing over apartment building dossiers, developers or administration boards or representatives of apartment building management must examine the equipment, distinguish common area in accordance with the Law on Housing; the handover of apartment building dossiers and handover conditions must be recorded in writing and signed by the parties.
Where equipment examination or distinguishing of common area is not feasible, the developers and administration boards shall record current conditions of equipment, management and use of common area of apartment buildings in writing and hand over apartment building dossiers; where the parties fail to produce written records, either or both parties shall request People’s Committees of wards, townlets (hereinafter referred to as “commune People’s Committees”) of communes where apartment buildings in question are located to examine and produce records in order to hand over to administration boards.
Article 11. Receiving and storing apartment building dossiers
1. Administration boards are responsible for receiving 2 sets of apartment building dossiers handed over by the developers in accordance with Article 10 hereof and storing such dossiers.
Where entities managing apartment building operation are required in accordance with the Law on Housing, administration boards must send 1 set of dossiers that they have received from developers to entities managing operation unless entities managing operation are also the developers.
Where entities managing operation are no longer in charge of managing apartment building operation, these documents must be submitted to administration boards in accordance with signed contracts.
2. Where administration boards do not receive apartment building dossiers promptly handed over by the developers, within 10 days from the date on which the developers hand over the dossiers, the developers shall submit reports on failure of the administration boards to receive the dossiers and request People’s Committees of districts, district-level cities, central-affiliated cities (hereinafter referred to as “district People’s Committees”) where apartment buildings in question are located to receive the dossiers.
Within 30 days from the date on which district People’s Committees receive request for reception of apartment dossiers sent by the developers, the district People’s Committees must receive the dossiers.
Administration boards must be responsible for relevant issues upon failing to receive apartment building dossiers as per the law.
3. Reception of apartment building dossiers must be recorded in writing, where apartment building dossiers are handed over to administration boards, members of the administration board or duly authorized members of administration boards must append signature.
Article 12. Forceful handover of apartment building dossiers
1. Where the developers fail to hand over apartment building dossiers within the time limit under Clause 3 Article 10 hereof, administration boards shall request People’s Committees of districts in writing where the apartment buildings in question are located to hand over the dossiers.
2. Within 20 days from the date on which district People’s Committees receive request of administration boards in accordance with Clause 1 of this Article, where the developers have not handed over apartment building dossiers, district People’s Committees must examine and request the developers to hand over the dossiers in writing; where the developers fail to hand over apartment building dossiers within 10 days after receiving request of district People’s Committees, the developers shall be met with penalties in accordance with regulations of the law on administrative penalties in housing management and use and forced to hand over apartment building dossiers to administration boards.
Article 13. Managing operation of parking spaces in multi-owner apartment buildings
1. In respect of single-owner apartment buildings, parking spaces are under ownership and management of the owners and must be used in accordance with approved projects, the Law on Housing, and this document. Where entities managing apartment building operation are required, such entities shall be responsible for managing the parking spaces; where entities managing apartment building operation are not required, owners shall be responsible for managing the parking spaces at their discretion or by hiring other entities to manage the parking spaces.
2. In respect of multi-owner apartment buildings, entities managing apartment building operation shall be responsible for managing common parking spaces for vehicles other than motor vehicles under Clause 3 of this Article; apartment building meetings shall assign administration boards or other entities to represent the owners to manage the parking spaces where entities managing apartment building operation are not required but administration boards are; owners shall negotiate on management of the parking spaces at their discretion or by hiring other entities where both entities managing apartment building operation and administration boards are not established.
3. In respect of motor vehicle parking spaces for owners of apartment buildings under Point b Clause 2 Article 144 of the Law on Housing:
a) Where apartment buildings have sufficient parking spaces for each dwelling unit and dwelling unit buyers wish to purchase or rent the parking spaces, developers shall sell or lease the parking spaces to the buyers as long as each owner of dwelling or other area in apartment building is not allowed to purchase, rent more parking spaces than number of parking spaces dedicated to each dwelling unit or private area in apartment building;
b) Where there are insufficient number of motor vehicle parking spaces for every dwelling unit, the developers shall sell, lease these parking spaces on the basis of agreement between buyers of dwelling units; where buyers of dwelling units fail to reach an agreement, developers shall implement a draw to decide;
c) The sale and lease of motor vehicle parking spaces under Point a of this Clause can be summarized in dwelling unit sale, lease purchase contracts or prescribed via separate contracts; parking space rent can be paid on a monthly or periodic basis, payment for purchase of parking spaces can be made in form of lump-sum payment, installments, or arrears depending on agreement between the parties. In case of rented parking spaces, the parties shall negotiate about responsibility to pay maintenance expenditure, vehicle parking fees; in case of purchased parking spaces, the buyers shall have the responsibility to pay maintenance expenditure and vehicle parking fees in a manner compliant with regulations of the law and agreement with service providers;
d) Where buyers of parking spaces wish to transfer or lease the parking spaces, they are only allow to transfer, lease the parking spaces to other owners, users of apartment buildings or to the developers (if the developers are still available);
dd) Where buyers, lease-buyers of apartment buildings do not purchase motor vehicle parking spaces in accordance with this Clause, the parties shall specify that such area is under management of the developers in dwelling unit purchase, lease-purchase contracts; developers must not include investment costs for these parking spaces to selling price, lease-purchase price of dwelling units; where buyers, lease-buyers of dwelling units buy, rent motor vehicle parking spaces, developers shall include investment costs for parking spaces to selling price, lease-purchase price of dwelling units.
Where motor vehicle parking spaces under this Point are under management of developers, investment costs for these areas are not included in dwelling unit selling price, lease-purchase price and audited, determined by independent audit.
4. Management of public parking spaces in apartment buildings (parking spaces for individuals other than owners, users of apartment buildings) shall conform to regulations below:
a) Where public parking spaces serve commercial zones, owners of commercial zones may purchase and manage the parking spaces at their discretion or by hiring managing entities;
b) Where public parking spaces are under ownership of developers, the developers are responsible for managing the parking spaces at their discretion or by hiring managing entities of the apartment buildings; where owners of commercial zones rent parking spaces from the developers management of the parking spaces shall conform to parking space rent contracts;
c) Where public parking spaces are under management of the Government according to approved project dossiers, entities assigned by the Government shall be responsible for the management.
5. Organizations and individuals owning parking spaces under Clause 3 and Clause 4 of this Article are responsible for incurring management and maintenance costs; renting parking spaces are responsible for maintaining parking spaces in accordance with parking space rent contracts.
ORGANIZING APARTMENT BUILDING MANAGEMENT AND USE
Section 1. APARTMENT BUILDING MEETING
Article 14. Apartment building meeting
1. In respect of single-owner apartment building, apartment building meetings shall be held between owners of apartment buildings and users of apartment buildings.
2. In respect of multi-owner apartment buildings, apartment building meetings shall be held between owners or users (if owners do not attend) possessing written authorization signed by the owners (including cases where users have received dwelling units or other areas in apartment building but have not finished all payments to be paid to developers and excluding cases where contracts for dwelling unit purchase, lease-purchase are terminated).
3. Apartment building meetings may decide details pertaining to the management and use of apartment building under Clause 3 or Clause 4 Article 145 of the Law on Housing and this document. Decisions of apartment building meetings must be recorded in writing and signed by members presiding the meetings and secretaries of apartment building meetings.
Article 15. Initial apartment building meeting
1. Conditions for organizing initial apartment building meetings:
a) Apartment building meetings must be held within 12 months from the date on which the apartment buildings are transferred and brought into use and at least 50% of the dwelling units therein have been handed over to buyers, lease-buyers (excluding dwelling units retained by the developers, not for sale, not for lease-purchase); where less than 50% of the dwelling units therein have been handed over after the time limit mentioned above, the meetings shall be held after at least 50% of the dwelling units therein have been handed over;
b) Meetings of apartment complex shall be held when there are at least 50% of dwelling units in each building in the complex have been handed over to buyers, lease-buyers (not including dwelling units by the developers, not for sale, not for lease-purchase) and at least 50% of representatives of dwelling unit owners of each building agree to merge the buildings with the complex.
2. Conditions pertaining to number of attendees of initial apartment building meetings:
a) In respect of apartment building meetings, a minimum of 50% of representatives of dwelling unit owners must attend in accordance with Clause 2 Article 145 of the Law on Housing. In case of insufficient number of attendees, within 7 working days from the intended meeting date specified in meeting notice, developers or representatives of dwelling unit owners shall request People’s Committees of communes where the apartment buildings in question are located in writing to organize apartment building meetings;
b) In respect of apartment complex meetings, representatives of dwelling unit owners approving merger with apartment complex must participate in accordance with Clause 2 Article 145 of the Law on Housing in adequate number under Point b Clause 1 of this Article; in case of insufficient number of attendees, within 7 working days from the intended meeting date specified in meeting notice, developers or representatives of dwelling unit owners shall request commune People’s Committees to hold apartment building meeting unless individual buildings in apartment complex hold their own apartment building meetings in accordance with Point a of this Clause.
3. Developers (in case of multi-owner apartment buildings) or owners (in case of single-owner apartment buildings) are responsible for preparing meeting details, notifying meeting time, location, and organizing official meetings for apartment building owners and users. Developers or owners may hold preliminary meetings to prepare for the official meetings. Preparation for initial apartment building meetings consists of:
a) Examining and determining legitimacy of representative of dwelling unit owner participating in the meetings; in case of authorization, written authorization issued by dwelling unit owners. Written authorizing consists of: full name and phone number (if any) of authorizing individuals and authorized individuals, address of dwelling units or other area in apartment buildings of authorizing individuals, details of authorization related to apartment building meetings, rights and responsibilities of authorizing parties and authorized parties, written authorization must be signed by authorizing individuals and authorized individuals;
d) Drafting regulations on apartment building meeting;
c) Proposing amendment to regulations on management and use of apartment building developed by the developers;
d) Drafting regulation on electing administration boards, title of administration boards in accordance with Point a Clause 1 Article 22 hereof, number of members of administration boards, list of members of administration boards, expected composition of administration boards (if administration boards are required); plan for training and advanced training for managing apartment building operation for members of administration boards.
In respect of multi-owner apartment buildings, the following details are also required: proposed apartment building operation managing service fees, draft plan for maintenance of common area in apartment buildings, proposed entities managing apartment building operation if entities managing operation are required and developers are ineligible for managing apartment building operation or refuse to participate in managing operation; where administration boards are required, draft regulations on operation, revenue, expenditure of administration boards;
dd) notifying service fees payable such as fees for swimming pools, gyms, tennis courts, spas, and other services (if any);
e) Other propositions related to management and use of apartment building and requiring report for approval at initial apartment building meeting.
4. Initial apartment building meetings shall decide the following details:
a) Regulation on apartment building meeting (including initial meeting, annual meeting, and irregular meeting);
b) Regulation on election of administration boards, title of administration boards, number of administration board members, list of administration boards, Directors, Vice Directors (where administration boards are required); where developers possess areas in apartment buildings, the developers shall assign their representatives to act as Vice Directors unless the developers state that their representatives do not participate in administration boards.
c) Professional training and advanced training plan for management of apartment building operation for members of administration boards;
d) Amendment to Regulation on apartment building management and use (if any);
dd) Details under Point d Clause 3 of this Article; apartment building meetings shall go over management fees for apartment building operation on the basis of this document and agreement, negotiation with entities managing operation;
e) Expenditure to be incurred by owners and users of apartment building during use;
g) Percentage of owners and users of apartment buildings attending annual apartment building meetings in case less than 30% of representatives of owners of apartment buildings attend the meetings in accordance with Clause 1 Article 17 hereof;
h) Methods for choosing maintenance entities, maintenance tasks that require supervision, payment methods for maintenance except for irregular maintenance that occurs outside of annual apartment building meeting or except for cases where irregular apartment building meetings are not held;
i) Other details that must be approved by apartment building meetings in accordance with this document or other details related to management of apartment building operation.
5. Commune People’s Committees of communes where apartment buildings are located are responsible for organizing initial apartment building meetings if:
a) Developers fail to hold apartment building meetings when apartment buildings have been in use for more than 12 months and at least 50% of dwelling units of which have been handed over in accordance with Point a Clause 1 of this Article and representatives of dwelling unit owners have filed a written request; or
b) Number of attendees of apartment building meetings does not meet the required number under Clause 2 of this Article and developers or representatives of dwelling unit owners have filed a written request; or
c) Developers terminate operation as a result of dissolution or bankruptcy as per the law and representatives of dwelling unit owners have filed a written request.
6. Where commune People’s Committees hold initial apartment building meetings in accordance with Clause 5 of this Article, the requirement pertaining to the number of meeting attendees under Clause 2 of this Article is optional; expenditure on organizing the meetings shall be incurred by owners and users of apartment buildings.
7. Within 30 days from the date on which commune People’s Committees receive written request sent by representatives of dwelling unit owners or developers in accordance with Clause 5 of this Article, commune People’s Committees are responsible for organizing initial apartment building meetings. Results of initial apartment building meetings held by commune People’s Committees apply to owners and users of apartment buildings as if the initial apartment building meetings are held by the developers.
Article 16. Irregular apartment building meeting
1. Irregular apartment building meetings shall be held to review and decide any of the following issues:
a) Voting replacement of directors or vice directors of administration boards where election for replacement of these positions is required in accordance with Point a Clause 3 or Point a Clause 4 Article 26 hereof;
b) Dismissing or discharging all members of administration boards and voting for new administration boards;
c) Voting replacement of members administration boards other than directors and vice directors that have been dismissed, discharged, deceased, or missing after consulting owners of dwelling units and insufficient number of approving individuals in accordance with Point b Clause 3 Article 26 hereof or voting replacement of members of administration boards in accordance with Point b Clause 4 Article 26 hereof;
d) Proposal of administration boards regarding replacement of entities managing operation or adjustment to apartment building operation managing service fees;
dd) Demolition for renovation, reconstruction of apartment buildings in accordance with apartment building renovation, reconstruction laws;
e) Details decided at initial apartment building meetings and prescribed by developers under Clause 4 Article 15 hereof that have not been decided;
g) Reporting irregular maintenance, repair of work items not mentioned under maintenance plans approved or amended by apartment building meetings or approved amendments to maintenance plans;
h) Other cases where at least 50% of representatives of dwelling unit owners have filed written request.
2. Conditions pertaining to number of attendees of irregular apartment building meetings:
a) Where apartment buildings are held to decide any of the issues under Points a, b, c, d, e, or g Clause 1 of this Article, at least 50% of owners of dwelling unit owners must attend.
Decision on demolition for renovation, reconstruction of apartment buildings under Point dd Clause 1 of this Article shall conform to regulations of the law on renovation and reconstruction of apartment buildings;
b) Where apartment building meetings are held at request of dwelling unit owners in accordance with Point h Clause 1 of this Article, at least 75% of all individuals who have filed a written request for irregular apartment building meetings must attend.
3. Conditions pertaining to number of attendees of irregular apartment complex meetings:
a) Where apartment complex meetings are held to vote on new directors or the entirety of administration boards of apartment complex shall decide on details under Point d Clause 1 of this Article, at least 50% of representatives of dwelling unit owners in the apartment complex must attend.
Where each building in an apartment complex is subject to a different entity managing operation and inhabitants of one of the buildings propose replacement of the entity managing operation or amendment to apartment building operation managing service fees, at least 50% of representatives of dwelling unit owners must attend and irregular meeting must be held for this apartment building;
b) Where apartment complex meetings are held to vote on vice directors of administration boards other than representatives of developers or representatives of developers who do not assign attendants or members of administration boards of buildings in apartment complex, irregular meetings must be held for these buildings to vote on replacement members; apartment building meetings shall be held to vote on replacement members if at least 50% of representative of dwelling unit owners attend;
c) Where apartment complex meetings are held at request of dwelling unit owners in accordance with Point h Clause 1 of this Article, at least 75% of all individuals who have filed a written request for irregular apartment complex meetings must attend.
4. Administration boards are responsible for preparing meeting details, notifying time, location, and organizing official meetings for owners and users of apartment buildings in respect of details under Clause 1 of this Article, except for cases under Point b Clause 1 of this Article.
Meetings to vote on administration boards or members thereof after dismissal or discharge must be held within 60 days from the date on which the members are dismissed or discharged.
5. Commune People’s Committees of communes where apartment buildings are located are responsible for organizing irregular apartment complex, apartment building meetings when:
a) Cases under Point b Clause 1 of this Article occurs and representatives of dwelling unit owners have filed a written request for irregular apartment building meetings;
b) Apartment building meetings are held to decide any of the details under Points a, c, d, e, and g Clause 1 of this Article and not attended by sufficient number of attendees according to Point a Clause 2 or Point a Clause 3 of this Article and administration boards have filed a written request;
c) Cases under Points a, c, d, e, and g Clause 1 of this Article occur and administration boards fail to organize apartment building or apartment complex meetings and at least 50% of representatives of dwelling unit owners have filed a written request for irregular apartment building meetings;
d) Term of current administration boards expires and the next administration boards have not been chosen and the current administration boards have filed a written request; where administration boards do not file written request, representatives of dwelling unit owners must file the request.
6. Within 30 days from the date on which commune People’s Committees receive written request from administration board or representatives of dwelling unit owners under Clause 5 of this Article, commune People’s Committees are responsible for organizing irregular apartment building meetings. The results of irregular meetings held by commune People’s Committees apply to owners and users of apartment buildings as if the irregular meetings are held by administration boards under this Article.
Article 17. Annual apartment building meeting
1. Annual apartment building meetings shall be held once per year where number of representatives of dwelling unit owners attending the meetings is at least 30% or lower depending on agreement between owners of apartment buildings in initial apartment building meetings. Annual apartment building and apartment complex meetings shall:
a) approve reports of administration boards on operating results of administration boards and approve annual revenues and expenses of administration boards;
b) review and approve annual estimates on maintenance expenditure for common area in apartment buildings and approve maintenance plans for common area in apartment buildings for the next year;
c) review and decide on renewal of contracts with entities managing apartment building operation in case of 12-month contracts;
d) decide on other details under Point g Clause 3 Article 145 of the Law on Housing (if any).
2. Where annual apartment building meetings deal with any of the following issues, at least 50% of representatives of dwelling unit owners must attend:
a) Voting replacement of directors or vice directors of administration boards where such positions must be elected in accordance with Point a Clause 3 or Point a Clause 4 Article 26 hereof;
b) Dismissing or discharging all members of administration boards and voting for new administration boards;
c) Voting replacement of members administration boards other than directors and vice directors that have been dismissed, discharged, deceased, or missing after consulting owners of dwelling units and insufficient number of approving individuals in accordance with Point b Clause 3 Article 26 hereof or voting replacement of members of administration boards in accordance with Point b Clause 4 Article 26 hereof;
d) Deciding issues under Point d Clause 1 Article 16 hereof or renewing contracts for managing operation with entities managing operation at which point the contracts expire in accordance with Clause 1 Article 29 hereof.
3. In respect of annual apartment complex meetings that deal with issues under Points a, b, c, and d Clause 1 Article 16 hereof, at least 50% of representatives of dwelling unit owners must attend.
4. In respect of annual apartment building, apartment complex meetings that deal with demolition for reconstruction of apartment buildings in accordance with housing laws, regulations of the law on renovation and reconstruction of apartment buildings shall be adhered to.
5. Administration boards are responsible for preparing details and informing owners, users of apartment buildings about time, location, and organizing official meetings; administration boards may organize advance meetings to prepare for the official meetings.
6. Where the dealing with issues under Clause 2 and Clause 3 of this Article is not attended by sufficient number of attendees, administration boards may request commune People's Committees to organize apartment building meetings in accordance with Clause 5 and Clause 6 Article 16 hereof; where cases occur under Point b Clause 2 of this Article and administration boards do not issue written request, owner representatives shall send written request to commune People’s Committees.
7. Where owners of apartment buildings discover violations in finance of administration boards or members thereof either via supervision or discussion at apartment building meetings, depending on the severity of the violation, apartment building meetings may decide to dismiss member or members of administration boards and vote on replacement members in accordance with Clause 2 or Clause 3 and Clause 6 of this Article; in case of violations of criminal laws, apartment building meetings shall request competent authority to take actions as per the law.
When necessary, apartment building meetings shall decide on establishment of inspection teams or hiring of professional entities to inspect record books and revenues, expenditure of administration boards; in case of hiring professional entities, owners and users of apartment buildings must incur relevant expenditure.
Article 18. Composition and voting at apartment building meetings
1. In respect of single-owner apartment buildings and apartment complex, composition of attendants of apartment building meetings consists of representatives of owners, users of apartment buildings and representatives of local commune People’s Committees.
2. In respect of multi-owner apartment buildings and apartment complex, composition of attendants of apartment building meetings consists of:
a) In case of initial apartment building meetings, attendants consist of developers, representatives of dwelling unit owners, representatives of entities managing apartment building operation (if any) and representatives of commune People’s Committees; where apartment building meetings are not held by developers in accordance with Article 15 hereof and the developers do not assign their personnel to participate, decisions of apartment building meetings must be adhered to;
b) In case of irregular and annual apartment building meetings, attendants consist of representatives of dwelling unit owners representatives of developers (if the developers own an area in apartment buildings), representatives of entities managing operation (if entities managing operation must be hired for apartment buildings) and representatives of commune People’s Committees; where entities mentioned under this Point do not assign their representatives to attend, they are still required to comply with decisions of apartment building meetings.
3. Votes at apartment building and apartment complex meetings are determined by private area of dwelling unit owners, owners of other area in apartment buildings on the basis that 1 m2 equals 1 vote; where dwelling unit area if this area is not divisible by 1, the excess area is not counted as 1 vote; in case of discrepancy regarding area of private area of owners of apartment buildings, area specified under contracts for sale and lease purchase of other area in apartment buildings shall prevail.
Decisions made at apartment building meetings shall be approved via majority rule of votes of owners and users of apartment buildings participating in the meetings.
4. Election at apartment building and apartment complex meetings shall conform to Clause 5 Article 145 of the Law on Housing; where in-person meetings cannot be held due to epidemic or natural disasters, the meetings shall be held online or in-person and online as long as attendant number and composition requirements in accordance with this document are met.
In respect of owners or users who are persons with disabilities and unable to participate apartment building meetings, votes shall be collected from their dwelling units.
5. Owners of dwelling units or other area in apartment buildings have the right to authorize other owners in the same apartment buildings or current users of apartment buildings to participate and vote in the meetings on behalf of the owners.
In respect of dwelling units under public property (including those unoccupied), agencies representing ownership shall attend the meetings and vote. Where dwelling units are being occupied at which point agencies representing ownership authorize the users to attend the meetings, the users shall attend and vote at the meetings.
6. Voting for demolition, renovation, reconstruction of apartment buildings shall conform to apartment building renovation and reconstruction laws.
Section 2. ADMINISTRATION BOARD OF APARTMENT BUILDING
Article 19. Administration board of apartment building
1. In respect of multi-owner apartment buildings where administration boards are required in accordance with Clause 2 Article 146 of the Law on Housing, administration boards shall employ seals and accounts to operate within operating regulations approved by apartment building meetings.
2. In respect of single-owner apartment buildings or multi-owner apartment buildings with less than 20 dwelling units, apartment building meetings shall decide on whether to establish administration boards. Where administration boards are established, operating principles of administration boards are prescribed as follows:
a) In case of single-owner apartment buildings, administration boards shall operate on a autonomous model complaint with operating rules set by apartment building meetings; administration boards shall exercise rights and responsibilities detailed under Clause 2 Article 147 and Clause 2 Article 148 of the Law on Housing;
b) In case of multi-owner apartment buildings, operating principles of administration boards are compliant with Clause 1 of this Article.
3. Administration boards under Clause 1 and Clause 2 of this Article have an operating term of 3 years from the date on which district or commune People’s Committees issue decision recognizing administration boards and are elected at annual apartment building meetings on the final year of the previous term unless irregular apartment building meetings are held to vote on replacement administration boards as a result of dismissal or discharge in accordance with Article 26 hereof.
4. Where members of an administration board recognized by competent authority are dismissed, discharged, deceased, or missing:
a) Where an administration board of an apartment building is 1 member short, the administration board shall continue to function until new member is voted and recognized in accordance with Article 23 hereof; where the administration board is at least 2 members short, the administration board shall hold apartment building meeting in accordance with Article 16 or Article 17 hereof to vote on missing members;
b) Where an administration board of an apartment complex is 2 members short, the administration board shall continue to function until new members are voted and recognized in accordance with Article 23 hereof; where the administration board is at least 3 members short, the administration board shall hold apartment building meeting in accordance with Article 16 or Article 17 hereof to vote on missing members;
c) Where the missing member under Point a or Point b of this Clause are the director, vice director of the administration board shall exercise tasks of the director until new director is elected; where there are 2 vice directors in the administration board, one of the vice directors must be assigned with tasks of the director;
d) Where an administration board of an apartment building is 2 members short or an administration board of an apartment complex is at least 3 members short and replacement voting has not taken place and competent authority has not recognized, remaining members must report to local commune People’s Committees to cooperate in executing tasks of administration boards.
Where vice directors assigned by developers do not participate, administration boards may request developers to assign replacement members; where the developers do not assign replacement members, administration boards shall vote on replacement members in accordance with Point a Clause 3 or Point a Clause 4 Article 26 hereof.
5. Where decision made by administration boards exceeds their power in accordance with Article 147 of the Law on Housing, such decision shall be illegitimate; where such decision causes damage to legitimate rights and benefits of other organizations and individuals, members of administration boards are responsible for compensation.
6. Administration boards are responsible for receiving apartment building dossiers, maintenance fund for common area from developers in accordance with the Law on Housing, and executing tasks and assignment in accordance with operating regulation of administration board approved by apartment building meetings; where administration boards fail to receive maintenance expenditure, administration boards shall be responsible for issues that occur as a result of failure to receive maintenance expenditure as per the law.
7. Operating expenditure of administration boards is incurred by owners and users of apartment buildings on the basis of decision of apartment building meetings; such expenditure is specified under operating regulations of administration boards and managed via separate accounts of administration boards; administrative boards must use the expenditure for the right purposes, must not use for business purposes, and must submit reports on expenditure and revenue at annual apartment building meetings.
8. Administration boards shall, upon termination of their term, must transfer apartment building dossiers and other documents relating to expenditure and revenue of operating expense, maintenance expenditure, management account, seals, and relevant documents to new administration boards within 15 days from the date on which new administration boards are recognized by competent authority and receive transfer documents; where previous administration boards are dismissed or discharged, they must continue to exercise rights and responsibilities to entities managing operation until new administration boards are elected.
9. Salaries for members of administration boards shall be incurred by owners and users of apartment buildings in accordance with decisions of apartment building meetings. Apartment building meetings may consult minimum regional wages to decide salaries appropriate to responsibilities and obligations of members of administration boards on a case-by-case basis unless administration board members refuse to receive salaries.
Where apartment buildings are subject to entities managing operation in accordance with the Law on Housing and this document, owners and current users of apartment buildings are responsible for incurring salaries for members of administration boards via the entities managing operation; such amount is not recorded as business expenses of entities managing operation. Where apartment buildings are not subject to entities managing operation in accordance with the Law on Housing and this document, salaries shall be incurred by administration boards.
Article 20. Requirements for administration board members
1. In respect of multi-owner apartment buildings that have at least 20 dwelling units, administration boards are required; administration board members consist of representatives of owners and users of apartment buildings if owners do not attend, developers of housing development projects who own area in apartment building unless developers do not assign representatives to participate administration boards.
In respect of single-owner apartment buildings, administration board members are representatives of owners and current users of apartment buildings.
2. Where competent authority acknowledge administration boards in accordance with Article 23 hereof, within 3 months from the date on which competent authority acknowledge, administration board members must participate in training and refresher training for management of apartment building operation and obtain certificate of completion of training, advanced training for management of apartment building operation in accordance with housing laws.
3. Encourage individuals with experience and knowledge in construction, architecture, finance, law, fire safety to participate in administration boards. Where administration board members are foreigners, they must be proficient in the Vietnamese language in the performance of duties of administration boards.
Article 21. Quantity and composition of administration boards
1. Number of members of administration boards of apartment buildings, apartment complex shall be decided by apartment building meetings on the following basis:
a) In respect of buildings only comprising one independent block, a minimum of 3 administration board members are required; in respect of buildings comprising multiple blocks under Clause 2 Article 3 hereof, a minimum of 1 administration board member per block is required;
b) In respect of apartment complex, a minimum of 6 administration board members are required.
2. Composition of administration boards of multi-owner apartment buildings and apartment complex consists of:
a) Administration board of an apartment building consists of 1 director, 1 or 2 vice directors, and members who are inhabitants of the apartment building decided by apartment building meeting.
Where developers own areas in apartment buildings, representatives of developers may be elected by apartment building meeting to act as director of the administration board; if representatives of developers are not elected to act as director of administration board, they are by default the vice director(s) of administration board without election; where developers do not assign their representatives to participate in administration boards, apartment building meeting shall elect any of the owners of the apartment building to act as vice director on behalf of developers.
b) Administration board of an apartment complex consists of 1 director; 1 or 2 vice directors elected by each building in the complex, and other members decided by apartment complex meeting.
Where developers own areas in apartment complex, representatives of developers might be elected by apartment complex meeting to act as director of the apartment complex. Each building in an apartment complex in which developers own areas, the developers are allowed to assign representatives to act as vice director of the apartment complex unless representatives of the developers are elected to act as director of the administration board.
3. Composition of administration boards of single-owner apartment buildings, apartment complexes consists of 1 director, 1 or 2 vice directors, and other members decided by apartment building, apartment complex meetings.
Article 22. Application for acknowledgement of administration board
1. Application for acknowledgement of administration boards elected at initial apartment building meeting consists of:
a) Written request of developers which states name of administration board approved via apartment building meeting; administration board of apartment building shall be named after name or number of the building; administration board of apartment complex shall be named in accordance with decision of apartment complex meeting;
b) Meeting minutes of apartment building meeting regarding the election of administration board;
c) List of administration board members, including members designated as director, vice directors;
d) Operating regulations of administration board approved by apartment building meeting.
2. Applications for acknowledgement of administration boards elected after expiry of term, as a result of dismissal or discharge or as a replacement of members, director or vice directors other than representatives of developers or developers’ failure to assign alternative representatives shall consist of:
a) Written request of elected administration boards;
b) Original copies of decision acknowledging administration boards;
c) Meeting minutes of apartment building meeting regarding re-election, election for replacement of administration board or administration board members or director, vice directors; meeting minutes of apartment building meeting regarding replacement of administration board members by consulting owners of dwelling units shall use form under Point b Clause 3 Article 26 hereof;
d) List of administration board members, including members designated as director, vice directors;
dd) Operating regulations of administration boards approved by apartment building meetings (and amendments if any).
3. Where administration boards of apartment buildings are separated in accordance with Clause 2 Article 27 hereof, application for acknowledgement of administration board consists of:
a) Application for acknowledgement of administration board of apartment building separated from apartment complex consists of documents under Clause 1 of this Article and written agreement on separation from apartment complex produced by owners of the apartment building in accordance with Point a Clause 2 Article 27 hereof; if the separation falls under the type categorized by Point c Clause 2 Article 27 hereof, original copies of decision acknowledging administration boards are also required;
b) Application for acknowledgement of administration board of apartment complex from which a building or buildings have separated from consists of written request of administration board of the apartment complex, original copies of decision acknowledging administration board of apartment complex, list of remaining members of administration board of apartment complex (specify full name and title within administration board); application for acknowledgement of re-elected director of administration board of apartment complex in accordance with Point b Clause 2 Article 27 hereof must be accompanied by meeting minutes of apartment building meetings regarding election of director and list of elected individuals.
4. Where administration boards of apartment buildings are merged in accordance with Clause 3 Article 27 hereof, application for acknowledgement of administration board consists of:
a) Application for acknowledgement of administration board of apartment complex to which administration boards of other apartment buildings merge consists of documents under Clause 1 of this Article, written request sent by collective owners of apartment buildings in accordance with Point a Clause 3 Article 27 hereof and original copies of decision acknowledging administration board of apartment buildings;
b) Application for acknowledgement of administration board of apartment complex created by merging administration board of other apartment buildings consists of written request of administration board of apartment complex and meeting minutes detailed under Point b Clause 3 Article 27 hereof, list of administration board members (including members added via the merger), and original copies of decision acknowledging administration board of apartment buildings, apartment complex.
Article 23. Acknowledgement procedures and operation notice of administration boards
1. Within 10 days from the date on which records of election of administration board or administration board members are available (including election of initial administration board, election of administration board after term expiry, election of administration board as a result of dismissal, discharge, election of administration board following merger, separation of administration board), administration boards are responsible for submitting application for acknowledgement in accordance with Article 22 hereof to People’s Committees of districts where relevant apartment buildings are located in person or via post service or online.
2. Within 7 working days from the date on which People’s Committees of districts receive adequate application sent by administration boards, People’s Committees of districts are responsible for examining and issuing decision acknowledging administration boards or authorizing People’s Committees of communes where relevant apartment buildings are located to examine and issue decision acknowledging administration boards.
3. Decision acknowledging administration boards consists of:
a) Name of administration board;
b) Number of administration board members;
c) List of administration board members, including members designated as director, vice directors;
d) Term of administration boards;
dd) Responsibilities for implementing decision of relevant organizations, individuals;
e) Superseding decision on acknowledgement (if any).
4. Once People’s Committees of districts or People’s Committees of communes issue decision acknowledging administration boards, acknowledged administration boards are responsible for establishing operating account of the administration boards; in case of multi-owner apartment buildings, administration boards must establish accounts for managing maintenance expenditure of common area in accordance with housing laws, this document and register seal in accordance with regulations of the law on seal registration and management (name of administration boards etched onto the seals must be similar to the that of acknowledged administration boards), unless administration boards already have seals and accounts as per the law.
5. Single-owner administration boards shall enter into operation from the date on which the administration boards are acknowledged by People’s Committees of districts or People’s Committees of communes. Multi-owner administration boards shall enter into operation from date on which they register seals in a law-compliant manner and open accounts in accordance with this Regulation.
Multi-owner administration boards that have registered seals and accounts as per the law and do not apply for name change of administration boards must inform credit institutions where they open the accounts in writing and attach certified true copies of decisions acknowledging administration boards in order to conduct transactions with credit institutions as per the law.
6. Where member or members of administration boards are replaced, administration boards shall only apply for acknowledgement of replacing members and competent authority under Clause 4 of this Article shall issue decision acknowledging new administration boards to supersede previous decision on acknowledgement.
Article 24. Operating regulations and revenue, expenditure regulations of administration boards
1. Operating regulations and revenue, expenditure regulations of administration boards of apartment buildings and apartment complex shall be approved at apartment building meetings and must be public, transparent, and compliant with this document, housing laws, and relevant law provisions.
2. Operating regulations of administration boards of apartment buildings and apartment complex consist of:
a) Administration board shall operate in an autonomous model in case of single-owner apartment building and board of director of joint-stock company or board of director of cooperative in case of multi-owner apartment building; cooperation between members of administration board, between administration board and People’s Committee of commune where relevant apartment building is located and relevant agencies, organization during management and use of apartment building;
b) Administration board meeting principles, including regulations on person holding the meeting, meeting requirements, person presiding the meeting, details of meeting minutes, voting method, decision on issues within powers, responsibilities of administration board, effectiveness of decision of administration boards; working format of administration boards;
c) Rights and responsibilities of administration boards and specific responsibilities of each member, including responsibility for signing documents of administration boards, preparing documents seeking entities managing operation, documents seeking entities in charge of maintenance, supervision of maintenance (if any), signing contracts with entities managing operation, entities in charge of maintenance of common area of apartment buildings, predicting apartment building maintenance plans; responsibility for coordinating, signing documents during absence of director or vice directors; responsibility for managing seals (if any) of administration boards; responsibility for signing contracts for utilities of common area;
d) Right to be informed and responsibility to provide information between members of administration board, between administration board and owners, users of apartment buildings, between administration board and local housing authority;
dd) Receipt and response to propositions of owners, users of apartment buildings, handling of cases related to dismissal, discharge of administration board members and responsibility or damage compensation of offenders;
e) Regulations on reporting and approving expenditure of administration board; person responsible for managing documents and texts of administration board;
g) Solutions for rights and responsibilities of administration board members in case of dismissal, discharge where replacement members have not been voted;
h) Solutions for cases where administration board is dismissed, discharged and new administration board has not been voted in order to transfer apartment building dossiers and operating accounts of administration boards;
i) Operating expenditure of administration board;
k) Other details depending on characteristics of each building, apartment complex.
3. Regulations on revenue and expenditure of administration board of apartment buildings, apartment complex consist of:
a) Regulations on collectibles under management of administration board, name of holders of operating accounts, maintenance accounts for common area under management of administration board, regulations on term of deposit of maintenance expenditure for common area of apartment building;
d) Regulations on salaries of each administration board member and expenditure on operation of administration board;
c) Distribution of responsibilities in collecting fees, representing administration board in signing and approving expenditure on operations of administration board, signing written request for withdrawal of maintenance expenditure for common area of apartment building, and signing payment documents with entities in charge of maintenance and entities managing operation;
d) Withdrawal procedures and specific documents for withdrawal via accounts under management of administration boards;
dd) Distribution of responsibility for recording and managing log books, invoices of revenue and expenditure of administration board;
e) Regulations on maximum amount of cash for withdrawal by administration board to pay entities in charge of maintenance of common area of apartment building; expenditure of administration board used for maintenance and irregular tasks other than apartment building meeting or consulting owners of apartment building;
g) Penalties for failure to use expenditure for the right purpose or embezzlement of expenditure under management of administration board or violations in recording, managing log books, invoices of revenue and expenditure;
h) Other relevant regulations.
Article 25. Voting on decisions of administration boards
1. Decisions of administration boards of apartment buildings, apartment complex shall be approved via voting or ballot in accordance with operating regulations of administration boards, recorded in writing which must be signed by meeting secretary, attending administration board members and sealed by administration boards (if seal is issued). Where 50% of administration board members vote for, the final result shall be decided by vote of director or vice director(s) presiding the meeting (if the director is absent), except for cases under Clause 2 and Clause 3 of this Article.
2. In respect of multi-owner apartment buildings, the following propositions will be approved if at least 50% of total administration board members of apartment buildings, apartment complex vote for:
a) Proposed change of entities managing operation;
b) Proposed method for selecting entities in charge of maintenance, except for irregular maintenance that occurs during interval of annual apartment building meeting or if irregular apartment building meetings are not held;
c) Proposed change to management service fee for apartment building operation;
d) Other propositions and request of administration boards to developers during management and use of apartment buildings;
dd) Other situations decided by apartment building meeting.
3. Voting on decision regarding the use of expenditure on maintenance for common area of multi-owner apartment buildings shall conform to the following regulations:
a) Where administration boards of apartment buildings decide the maintenance of common area of apartment buildings, at least 75% of total administration board members must agree in order for such decision to be approved;
b) Where administration boards of apartment complex decide the maintenance of common area of the whole apartment complex, at least 75% of total administration board members must agree in order for such decision to be approved; where administration boards of apartment complex decide the maintenance of common area of a building or buildings in the apartment complex, the director and at least 75% of total administration board members who are representatives of said building or buildings must agree in order for such decision to be approved.
1. Dismissal of administration board members of apartment buildings, apartment complex will be carried out when:
a) Administration board members cease to participate in administration boards or apply for dismissal;
b) Administration board members no longer live in the apartment buildings;
c) Director of administration boards decides on separation from apartment complex in accordance with Point b Clause 2 Article 27 hereof;
d) Apartment buildings are merged into apartment complex in accordance with Clause 3 Article 27 hereof.
2. Discharge of administration board or administration board members of apartment buildings, apartment complex will be carried out when:
a) Administration boards fail to submit report on operating results to apartment building meeting in accordance with this document;
b) Administration boards fail to operate after being elected;
c) Administration board members fail to exercise tasks under operating regulations of apartment buildings or fail to participate in activities of administration boards in 3 consecutive months or fail to attend at least 30% of all administration board meetings in 1 year;
d) Administration board members violate operating regulations or revenue, expenditure regulations of administration boards;
dd) Administration board members are met with administrative penalties as a result of violation of regulations on apartment building management and use or criminal prosecution;
e) Dismissal request signed by at least 50% of representatives of dwelling unit owners is submitted.
3. Voting on replacement of administration board members as a result of dismissal or discharge or deceased members or missing members shall be carried out as follows:
a) Irregular apartment building meeting in accordance with Article 16 hereof or annual apartment building meeting in accordance with Article 17 hereof shall be held to vote on replacement of administration boards or director or vice directors; where vice directors who are representatives of developers are dismissed or discharged, developers shall assign other representatives without organizing apartment building meetings; where developers do not assign other representatives and other vice directors in administration boards are present, apartment building meetings shall not be required.
Where developers apply to stop holding vice director position of acknowledged administration boards during a period in which no other vice directors are available in administration boards, apartment building meetings shall be held in accordance with Article 16 or Article 17 hereof to elect any owners of apartment buildings to act as vice directors; developers shall remain responsible for technical aspects in maintenance of apartment building in accordance with housing laws;
b) In case election if administration board members does not fall under cases detailed under Point a of this Clause, administration boards shall propose replacement members and consult representatives of dwelling unit owners in writing; if at least 50% of representatives of dwelling unit owners or fewer depending on decision approved at initial apartment building meeting or previous apartment building meeting agree, the proposed persons are recognized as administration board members; where there is insufficient number of agreeing persons in accordance with the aforementioned limits, irregular apartment building meetings must be held to elect replacement members in accordance with Article 16 hereof.
Consultation about election of administration board members must be recorded in writing which must be signed by all members presiding the consultation.
4. Voting on replacement of administration board members of apartment complex as a result of dismissal or discharge or deceased members or missing members shall be carried out as follows:
a) Irregular apartment complex meeting in accordance with Article 16 hereof or annual apartment complex meeting in accordance with Article 17 hereof shall be held to vote on replacement of administration boards or director or vice directors; where vice directors who are representatives of developers are dismissed or discharged, developers shall assign other representatives without organizing apartment complex meetings; where developers do not assign other representatives and other vice directors in administration boards are present, apartment complex meetings shall not be required.
Where developers apply to stop holding vice director position of acknowledged administration boards during a period in which no other vice directors are available in administration boards, apartment complex meetings shall be held in accordance with Article 16 or Article 17 hereof to elect any owners of apartment complex to act as vice directors; developers shall remain responsible for technical aspects in maintenance of apartment building in accordance with housing laws;
b) In case election if administration board members does not fall under cases detailed under Point a of this Clause, administration boards shall propose replacement members and consult representatives of dwelling unit owners in writing; if at least 50% of representatives of dwelling unit owners or fewer depending on decision approved at initial apartment building meeting or previous apartment building meeting agree, the proposed persons are recognized as administration board members; where there is insufficient number of agreeing persons in accordance with the aforementioned limits, irregular apartment building meetings must be held to elect replacement members in accordance with Article 16 or Article 17 hereof.
Consultation about election of administration board members must be recorded in writing which must be signed by all members presiding the consultation.
5. Upon applying for election of new administration board members, acknowledged administration boards shall continue to operate within operating regulations until competent authority acknowledge new administration boards; in case re-election of administration boards is required as a result of dismissal or discharge, the new administration boards re-elected by People's Committees of communes where relevant apartment buildings are located shall cooperate with People’s Committees of communes where the apartment buildings are located and entities managing operation in exercising powers and responsibilities of administration boards until competent authority acknowledge new administration boards.
Article 27. Separation and merger of administration board
1. Separation and merger of administration boards under this Article only apply to multi-owner apartment buildings in which administration boards have already been established.
2. Separation of administration boards of apartment complex is regulated as follows:
a) Where representatives of owners of building or buildings in apartment complex wish to separate from the complex and establish administration boards for the buildings, apartment building meetings must be held to consult owners of apartment buildings; where at least 50% of representatives of dwelling unit owners agree (via collective proposal), administration board members that are representatives of the building shall send the collective agreement to administration boards of apartment complex.
After sending written request to administration boards of apartment complex, owners of buildings applying for separation of apartment complex shall assign provisional board to hold initial apartment building meetings in accordance with Clauses 1, 2, 3, and 4 Article 15 hereof; election, composition, quantity, and operating formats of administration boards of buildings shall conform to this Section. Representatives of buildings who are administration board members of apartment complex will no longer be recognized as administration board members of the apartment complex after administration boards of apartment buildings are established; administration boards of apartment complex must hold meetings to agree on dossier transfer, maintenance expenditure of the separating buildings.
b) Where representatives of apartment buildings that are separated from apartment complex are directors of administration boards of the apartment complex, after administration boards of apartment buildings are established, administration boards of apartment complex must hold irregular apartment complex meetings to vote on replacement of administration board directors of apartment complex in accordance with Article 16 hereof;
c) Where representatives of dwelling unit owners of buildings in apartment complex wish to separate administration boards into those of separate buildings, after apartment building meetings of individual buildings have been held to produce collective proposal in accordance with Point a of this Clause, administration boards of apartment complex must hold meetings to agree on dossier transfer, maintenance expenditure of individual buildings to newly established administration boards of buildings.
Once representatives of buildings have sent collective proposal to administration boards of apartment complex, buildings shall hold apartment building meetings in accordance with Point a of this Clause;
d) Administration boards of apartment buildings under this Clause shall be acknowledged in accordance with Article 23 hereof.
3. Merger of administration boards of apartment buildings to administration boards is regulated as follows:
a) Where apartment buildings with administration boards are operating independently and eligible to be grouped into apartment complex in accordance with this document, administration boards of these buildings must hold meetings to establish administration boards of apartment complex; the meeting minutes must dictate methods for merging into administration boards of apartment complex, transfer of building dossiers, operating dossiers of administration boards, and expenditure under management of administration boards of apartment buildings.
Administration boards of individual buildings must hold meetings to collect feedback of building owners; if at least 50% of representatives of dwelling unit owners of individual buildings agree to merge their buildings into apartment complex (via collective proposal), administration boards of these buildings are responsible for cooperating in holding initial apartment complex meetings. Implementation of initial apartment complex meetings must adhere to Clauses 1, 2, 3, and 4 Article 15 and Article 26 hereof;
b) Where apartment buildings with administration boards are operating independently and eligible to be merged into administration boards of existing apartment complex, administration boards of apartment buildings and administration boards of apartment complex must hold meetings and enter into written agreement regarding merger of administration boards of apartment buildings into administration boards of apartment complex.
Once written agreement under this Point is produced, administration boards of apartment complex must hold meetings to consult owners of the apartment complex, administration boards of apartment buildings must hold meetings to consult owners of apartment buildings; if at least 50% of representatives of dwelling unit owners in apartment complex and 50% of representatives of dwelling unit owners in apartment buildings agree about the merger (via collective proposal), administration boards of the buildings must hold apartment building meetings to assign representatives to participate in administration boards of apartment complex.
Quantity and composition of representatives of buildings participating in administration boards of apartment complex shall be determined in the same manner as other buildings in the apartment complex; where representatives of developers are acting as vice directors of administration boards apartment buildings, such representatives may join as vice directors of administration boards of the apartment complex;
c) Administration boards of apartment complex under this Clause shall be acknowledged in accordance with Article 23 hereof.
4. Transfer and management of dossiers relating to buildings, operating dossiers of administration boards and transfer of relevant expenditure for cases under Clause 2 and Clause 3 of this Article shall be carried out as follows:
a) In respect of cases under Clause 2 of this Article, within 7 working days from the date on which new administration boards of apartment buildings issue written request, administration boards of apartment complex are responsible for transferring dossiers and expenditure relevant to the buildings separated from the apartment complex to administration boards of apartment buildings as per the law;
c) In respect of Clause 3 of this Article, within 7 working days from the date on which administration boards of new apartment complex issue request, administration boards of apartment buildings are responsible for transferring building dossiers, operating dossiers of administration boards, and expenditure relevant to administration boards of apartment complex as per the law;
c) Administration boards of apartment buildings or apartment complex shall send written request and certified true copies of decision acknowledging administration boards issued by district People’s Committees or commune People’s Committees to credit institutions that are governing maintenance expenditure of apartment complex or apartment buildings in order to transfer the expenditure to the new administration boards;
d) Upon receiving written request under Point c of this Clause, credit institutions that are governing expenditure are responsible for transferring all remaining expenditure in accordance with Point a and Point b of this Clause to new administration boards; the transfer of operating dossiers of administration boards and transfer of expenditure under this Clause must be recorded in writing which must be signed by relevant parties; management and use of expenditure transferred to new administration boards shall conform to housing laws and this document.
Section 3. ORGANIZING MANAGEMENT OF APARTMENT BUILDING OPERATION
Article 28. Entities managing apartment building operation
1. Entities managing apartment building operation can be developers or other entities eligible to manage apartment building operation and shall manage apartment building operation in accordance with Article 150 of the Law on Housing.
2. Where initial apartment building meetings have not been held, developers are responsible for organizing management of apartment building operation. Where developers are ineligible to manage operation of apartment buildings with elevators in accordance with Article 150 of the Law on Housing, eligible entities managing apartment building operation must be hired as per the law to manage the operation of the apartment building.
3. During initial apartment building meetings, selection of entities managing apartment building operation shall conform to regulations below:
a) Where apartment buildings do not have elevators, apartment building meetings shall decide the management of operation either in autonomous format or by hiring eligible entities managing apartment building operation;
b) Where apartment buildings have elevators and developers are eligible to manage apartment building operation in accordance with Article 150 of the Law on Housing and wish to participate in managing operation, administration boards and developers shall negotiate to allow developers to enter into contracts for apartment building operation managing services;
c) Where apartment buildings have elevators and developers are not eligible to manage apartment building operation in accordance with Article 150 of the Law on Housing or are eligible to manage apartment building operation without meeting requirements under contracts for apartment building operation managing services, apartment building meetings shall choose other entities eligible to manage apartment building operation as per the law.
4. Each apartment building requires only 1 entity to manage operation of common area of the building. Each apartment complex requires 1 entity to manage all buildings in the complex or 1 entity for each building in the complex depending on decision of apartment building meeting. Where each building in apartment complex has its own entity managing operation, administration board of the complex shall discuss with all entities managing operation to agree on management of operation of structures and technical systems shared by the apartment complex.
5. Entities managing apartment building operation may manage operation of multiple apartment buildings in several administrative divisions as long as they meet all requirements under contracts for apartment building operation managing services signed with administration boards. Entities managing apartment building operation may enter into contracts with service providers for apartment building operation managing services and they shall be responsible for quality of services provided in accordance with contracts signed with administration boards.
Article 29. Contracts for apartment building operation managing services
1. Management of apartment building operation must be carried out via contracts for apartment building operation managing services signed by entities managing operation and administration boards. Where new administration boards are elected at initial apartment building meetings and have not been acknowledged by competent authority in accordance with Article 23 hereof, the parties shall exercise rights and responsibilities for managing operation in accordance with approval of apartment building meetings. Where administration boards have been acknowledged, contracts for apartment building operation managing services shall be negotiated and signed as per the law.
Contracts for apartment building operation managing services have a minimum term of 12 months except for Clause 2 of this Article and maximum term equal to the term of administration boards under Clause 3 Article 19 hereof; where 12-month contracts for apartment building operation managing services expire, apartment building meetings shall negotiate with entities managing operation about the decision as to whether or not contracts for apartment building operation managing services are renewed.
Where term of contracts for apartment building operation managing services conforms to that of administration boards and new administration boards have not been established and have not been acknowledged, entities managing operation shall continue to manage operation until new administration boards are acknowledged and enter into contracts with new entities managing operation except for unilateral termination of contracts as a result of default of the party or parties.
2. Where entities managing apartment building operation executing service contracts under Clause 1 of this Articles go bankrupt or are dissolved or suspended at the same time as expiry of term of administration boards, the entities shall terminate the contracts and transfer apartment building dossiers to administration boards as per the law; where term of administration boards has not expired, the entities shall continue to manage apartment building operation until administration boards enter into service contracts with new managing entities; replacement managing entities shall enter into contracts whose term corresponds to remaining term of administration boards.
3. Contracts for apartment building operation managing services contain:
a) Full name and address of representatives signing the contract;
b) Scale, area of elements in and outside of apartment buildings under common ownership that require management;
c) Details and requirements pertaining to quality, time, and location operation managing services;
d) Management service fees in square meters (m2); payment methods for fees of all types;
dd) Term of service contracts;
e) Defaults leading to contract termination, notification time and responsibility of the parties prior to contract termination;
g) Rights and obligations of the parties, cooperation responsibilities of the parties; settling of disputes pertaining to the contracts;
h) Other agreements;
i) Effectiveness of the contract.
4. Commissioning, payment, settlement, and liquidation of contracts for apartment building operation managing services shall conform to terms of the contracts and civil laws.
5. In respect of multi-storey and multi-unit houses under Clause 2 Article 1 hereof, the owners may hire eligible entities managing operation in accordance with Article 28 hereof to manage operation or manage operate at their discretion. Where the owners manage operation at their discretion, managing individuals must be trained in fire prevention and firefighting in accordance with fire prevention and firefighting laws and possess certificate of completion of training, advanced training for management of apartment building operation in accordance with housing laws.
Article 30. Expenditure on management of apartment building operation
1. Expenditure on management of apartment building operation shall be contributed by owners and users of apartment buildings on a monthly or periodic basis (including those who have received and have not used dwelling units or other areas in apartment buildings) to allow entities managing operation to carry out tasks under contracts for apartment building operation managing services.
2. Expenditure on management of apartment building operation is determined by management service fees and calculated by multiplying m2 of useable area of dwelling units or other non-dwelling unit area in apartment buildings with usable area of dwelling units or other areas in the apartment building.
3. Useable area of dwelling units or other non-dwelling unit areas in apartment buildings ser as the basis for calculating expenditure on managing operation and regulated as follows:
e) Where certificate has been issued, area on the certificate will be determined by area in the certificate;
b) Where certificate has not been issued, useable area shall be determined in accordance with written agreement on dwelling unit sale, sale- purchase or record of dwelling unit handover.
4. In respect of public apartment buildings, collection of expenditure on management of apartment building operation shall conform to Point a Clause 7 Article 151 of the Law on Housing.
Section 4. MAINTENANCE OF MULTI-OWNER APARTMENT BUILDING
Article 31. Principles of apartment building maintenance
1. Owners of apartment buildings are responsible for maintenance of common area and incurring expenditure on maintenance of common area in order to maintain housing quality and safety during apartment building use.
2. Maintenance of private area must not affect private area of other owners and structures, equipment under common ownership in apartment buildings.
3. Maintenance of common area in residential apartment building and mixed-use apartment building where common area of residential zone is not separated from that of commercial zone, maintenance of common area of residential zone and commercial zone shall conform to maintenance plans approved at apartment building meetings and respect building maintenance procedures, equipment maintenance procedures prepared in accordance with this document.
4. Maintenance of common area of mixed-use apartment buildings where common area of residential zone is separated from that of commercial zone shall comply with principles below:
a) In respect of common area of residential zone, owners of the residential zone shall implement maintenance as per planning or decision approved by apartment building meeting and maintenance procedures;
b) In respect of common area of commercial zone, owners of the commercial zone shall implement maintenance as per building maintenance procedures and equipment system maintenance procedures;
c) In respect of common area of the whole building, owners of apartment buildings are responsible for maintenance as per planning or decision approved via apartment building meetings and maintenance procedures.
5. Maintenance of common area of apartment complex shall be implemented by owners and users of apartment complex.
6. Owners and administration boards must only hire individuals, entities with sufficient capabilities and qualifications appropriate to the maintenance tasks.
7. Selection of entities for maintenance of equipment and system, common area under cases of Point a and Point c Clause 4 of this Article may be implemented via procurement under shopping procedures or bidding procedures or other methods of selection. Method of selection can be negotiated and included in lump-sum agreement or separated between labor costs and procurement costs of materials and instruments decided via apartment building meetings.
Article 32. Apartment building maintenance
1. Maintenance of common area in apartment buildings consists of inspection, monitoring, quality inspection, minor repair, periodic repair, and major repair in apartment buildings; inspection and maintenance of fire safety, firefighting system and other common property in apartment buildings; replacement of common parts or equipment of apartment buildings, apartment complex and other maintenance works in accordance with construction laws.
2. Owners of apartment buildings are responsible for maintenance of private area and expenditure on maintenance of common area of apartment buildings in accordance with the Law on Housing and this document.
Where damage to private area affects other owners, owners of the private area are responsible for repair of the damage. Where the owners’ failure to repair the damage, entities managing operation or authorized individuals managing apartment may suspend or request utility service providers to suspend power, water supply services in the private area. Where damage to common property occurs in private area, owners of the private area responsible for facilitating and aiding entities managing apartment building operation and construction entities in repairing the damage.
3. Maintenance of structure of apartment buildings must be carried out by eligible entities in accordance with construction laws; maintenance of equipment system in apartment buildings must be carried out by entities having qualifications matching the maintenance work in question. Where entities managing apartment building operation are also qualified to perform maintenance, they can be hired for maintenance.
4. During period in which initial apartment building meetings have not been held, maintenance of common area in apartment buildings shall conform to maintenance plans under Clause 3 Article 33 hereof.
5. Where initial apartment building meetings have been held, maintenance of common area in multi-owner apartment buildings must adhere to maintenance plans under Clause 3 Article 33 hereof and annual maintenance plans approved via apartment building meetings in accordance with this document. In respect of irregular damage or damage that is caused by natural disasters or fire, administration boards of apartment buildings shall decide the maintenance in accordance with this document and relevant laws and report to the next apartment building meetings.
6. Maintenance of common area in apartment buildings shall conform to Section 4 Chapter III hereof.
Article 33. Maintenance plan for common area in apartment buildings
1. Maintenance plans for common area in apartment buildings are approved at apartment building meetings in order to be applied in cases detailed under Clause 3, Point a and Point c Clause 4 Article 31 hereof.
2. Developers are responsible for preparing and submitting maintenance plans to initial apartment building meetings for approval. Administration boards are responsible for cooperating with entities managing apartment building operation or maintenance entities in preparing and submitting maintenance plans to subsequent apartment building meetings for approval.
3. Maintenance plans for common area in apartment buildings applied in cases detailed under Clause 1 of this Article are prepared and approved on the basis of maintenance procedures for building structures, maintenance procedures for equipment system provided by developers, and current conditions of common area in apartment buildings.
4. Maintenance plans for common area in apartment buildings applicable to cases detailed under Clause 1 of this Article include:
a) Work items for maintenance in the year and estimates for the next 3 to 5 years;
b) Maintenance time and progress for each work item in the year;
c) Estimate expenditure on each maintenance work item;
d) Responsibilities of owners related to maintenance area for assistance and facilitation; responsibilities of administration boards for inspection, supervision, commissioning of maintenance;
dd) Other relevant issues.
5. Where maintenance of work items and equipment in common area must be performed irregularly and is not specified in plans under Clause 4 of this Article and occurs during interval or before apartment building meetings (even irregular or annual meetings), administration boards shall report to apartment building meetings; where maintenance does not occur within the aforementioned periods, administration boards are allowed to perform maintenance and are required to report at the next apartment building meetings; such maintenance works must conform to payment laws and adequate payment documents in accordance with Article 37 hereof must be available.
6. Apartment building meetings shall decide payments for maintenance works that must be wired and payments that must be paid in cash to prevent loss of maintenance expenditure.
1. Maintenance of work items, equipment, and spaces in common area conforms to Clause 2 Article 142 of the Law on Housing.
2. Maintenance of external technical infrastructures connected to apartment buildings and public structures conforms to Point c and Point d Clause 2 Article 142 of the Law on Housing.
3. Treatment of stagnating wastewater, periodic septic tank emptying; microorganism addition to wastewater treatment of apartment buildings.
4. Other work items and equipment in apartment buildings under common ownership of apartment building owners according to agreement under contracts for purchase, lease-purchase of dwelling units or housing laws or decision of apartment building meetings.
Article 35. Signing maintenance contracts and maintenance of common area in apartment buildings
1. Administration boards and owners of commercial zones shall choose and enter into maintenance contracts as follows:
a) In respect of maintenance of apartment building structure, hire entities managing operation (if there are entities managing operation and if such entities are qualified to perform maintenance); where entities managing operation are not required or are not qualified to perform maintenance, hire other entities qualified to perform maintenance;
b) In respect of common equipment and system, hire or authorize entities managing operation to hire equipment suppliers or other entities qualified to perform maintenance of the equipment; in respect of replacement of measuring instruments after expiry of warranty period where normal use is not guaranteed, replace the instruments.
2. Maintenance entities must perform maintenance in accordance with prepared procedures as per the law, ensure safety of owners and users during maintenance process, adhere to apartment building maintenance plans under Article 33 hereof, adhere to maintenance progress and agreements under maintenance contracts.
3. Maintenance contracts are drafted and signed by administration boards or owners of commercial zones and maintenance entities as per the law. Where administration boards of apartment buildings are not established, representatives of apartment building owners shall enter into contracts with maintenance entities.
4. Upon conclusion of maintenance, the parties must organize commissioning of maintenance work; payment of maintenance expenditure must adhere to agreement in the contracts; adequate invoices, payment documents must be produced as per the law.
1. In respect of residential apartment buildings and mixed-use apartment buildings where common area of residential zone is not separated from that of commercial zone, following initial apartment building meetings, account opening, transfer and management of maintenance expenditure for common area are implemented as follows:
a) Administration boards of apartment buildings shall open accounts at credit institutions, foreign bank branches operating in Vietnam (hereinafter referred to as “credit institutions”) in order to manage, use maintenance expenditure for common area in apartment buildings.
b) Within 30 days from the date on which administration boards submit written request for maintenance expenditure transfer, developers and administration boards are responsible for settling maintenance expenditure in order to transfer to accounts opened by the administration boards in accordance with Point a of this Clause for management and use as per the law;
c) Accounts where maintenance expenditure for residential apartment buildings is deposited can be registered to an administration board member or administration board members depending on decision of apartment building meetings.
Accounts where maintenance expenditure for mixed-use apartment buildings is deposited must be registered to at least 3 administration board members and up to a maximum number of administration board members decided by apartment building meetings. Members co-holding the accounts must include a representative of residential zone, a representative of other area (if any), a representative of developer (if any), and other members decided by apartment building meetings (if any).
Term of deposit and registration of co-holders of accounts of maintenance expenditure under this Clause are specified in regulations on revenues and expenditure of administration boards approved via apartment building meetings.
2. In respect of mixed-use apartment buildings in which residential zone and commercial zone are separated in the same building and common area of these zones is isolated from common area of the entire building and independently operated and managed, following initial apartment building meetings, account opening, transfer, and management of maintenance expenditure for common area is regulated as follows:
a) Administration boards of apartment buildings shall open accounts at credit institutions to manage and use maintenance expenditure for common area of residential zone and maintenance expenditure for common area of the whole building;
b) Term of deposit and account holders under Point a of this Clause are determined in the same manner as those of maintenance expenditure for residential apartment buildings under Point c Clause 1 of this Article;
c) Owners of commercial zones are responsible for managing retained expenditure in accordance with Clause 4 Article 155 of the Law on Housing to maintain common area of the commercial zones;
d) Transfer of maintenance expenditure for common area in apartment buildings under Clause shall conform to Clause 3 of this Article.
3. Transfer and management of maintenance expenditure for cases detailed under Clause 2 of this Article are regulated as follows:
a) Within 15 days from the date on which maintenance expenditure for common area is settled in accordance with Article 39 hereof, developers are responsible for transferring maintenance expenditure collected from buyers, lease-buyers and maintenance expenditure paid by developers for dwelling units not for sale, not for lease-purchase or dwelling units that have not been sold or lease-purchased according to Clause 2 Article 152 of the Law on Housing to accounts opened by administration boards in accordance with Point a Clause 2 of this Article;
b) In respect of maintenance expenditure payable by developers for service area, developers shall transfer the expenditure at a rate agreed upon with the buyers and lease-buyers under contracts for purchase, lease-purchase of dwelling units under Clause 4 Article 155 of the Law on Housing to accounts opened by administration boards according to Point a Clause 2 of this Article for management and maintenance of common area of the whole building; developers have the right to manage and use remaining maintenance expenditure in accordance with Point c Clause 2 of this Article.
4. Upon establishment of apartment complex, depending on purpose of use of each building, administration boards of the apartment complex must open separate accounts to manage maintenance expenditure of each building in accordance with Clause 1, Clause 2, and Clause 3 of this Article.
5. The transferring parties and receiving parties of maintenance expenditure for common area of apartment building under this Article are responsible for settling the expenditure before transferring the expenditure. Documents on settlement of maintenance expenditure for common area shall conform to Clause 2 Article 39 hereof.
Article 37. Use of maintenance expenditure for common area of multi-owner apartment buildings
1. Administration boards must publicize information on deposit accounts of maintenance expenditure, must not change the account, and must publicly post expenses made using maintenance expenditure on apartment building information panels every 6 months (if any). The use of maintenance expenditure for common area in apartment building must adhere to the Law on Housing, this document, and must be accompanied by log books, invoices, and documents as per the law.
2. Where management accounts for maintenance expenditure are required in accordance with Point a Clause 2 Article 36 hereof, administration boards shall negotiate with developers about ratio of maintenance expenditure for common area of the entire building and maintenance expenditure for common area of residential zone.
Where maintenance of common area of residential zone is required, administration boards may only use the previously agreed expenditure proportion for maintenance; where this proportion is depleted, owners of residential zone are responsible for contribution. Maintenance expenditure for common area of the entire building will only be used for maintenance of common area of the entire building; where the expenditure is depleted, owners of residential zone and owners of commercial zone are responsible for contribution. Developers and administration boards of apartment buildings may open 2 separate accounts to manage the expenditures under this Clause.
3. Credit institutions managing deposit accounts of maintenance expenditure for common area of apartment buildings are responsible or transferring payment to accounts of maintenance expenditure within 3 working days from the date on which administration boards send payment request. Money transfer request consists of:
a) Written request of administration boards which specifies reasons for transfer and transfer amount;
b) Meeting minutes of administration board regarding withdrawal of maintenance expenditure;
c) Maintenance plans approved via apartment building meetings; in case of irregular maintenance, adhere to Clause 5 Article 33 hereof;
d) Maintenance contracts signed with maintenance personnel and entities depending on maintenance task.
4. Payment for maintenance work in form of wire transfer or cash shall conform to decision of apartment building meetings.
5. Where payment for irregular maintenance work adheres to regulations on revenue and expenditure, administration boards shall send money transfer request, administration board meeting minutes pertaining to the withdrawal, and signed maintenance contracts to credit institutions where maintenance expenditure deposit accounts are opened; depending on the request, credit institutions are responsible for transferring payment to maintenance entities within 3 working days; wire transfer or cash payment shall adhere to Clause 3 and Clause 4 of this Article.
6. In respect of maintenance for common area of buildings in apartment complex, maintenance expenditure shall be used as follows:
a) Where maintenance work involves common area of the entire apartment complex, maintenance expenditure shall be taken from maintenance expenditures for common area of each building in the complex;
b) Where maintenance work involves common area of several buildings in the apartment complex, maintenance expenditure shall be taken from maintenance expenditures of all buildings in question;
c) Withdrawal of maintenance expenditure for maintenance of common area under Point a and Point b of this Clause shall be implemented in accordance with Clauses 3, 4, and 5 of this Article.
Article 38. Supervision of maintenance of common area in apartment buildings
1. Administration boards shall supervise maintenance of common area in apartment buildings; where maintenance work involves technical and qualification requirements in which administration boards lack the necessary qualifications to supervise, apartment building meetings shall hire eligible consulting entities eligible; in case of irregular maintenance, administration boards shall supervise at their discretion or hire consulting entities to supervise and must report at the next apartment building meetings; consulting entity hiring fees shall be collectively paid by owners of apartment buildings.
Supervised work includes: maintenance of elevators, electricity system, water system, waste treatment system, fire prevention and firefighting system, other systems in common area of apartment buildings, and other work items decided by apartment building meetings.
2. Consulting entities shall be hired to supervise maintenance work in accordance with construction laws.
3. Selection method and hiring costs of supervisory consulting entities shall be decided by apartment building meetings upon preparing apartment building maintenance plans.
Article 39. Preparing, settling data, transferring apartment building maintenance expenditure
1. Transferring parties and receiving parties of maintenance expenditure of common area in apartment buildings are responsible for settling the maintenance expenditure in accordance with Point b Clause 2 Article 153 of the Law on Housing before transferring the expenditure.
2. Documents on settlement of maintenance expenditure of common area include:
a) Inventory record, apartment building dossier transfer records, confirmatory records of common area and property in apartment buildings in accordance with Clause 2 Article 142 of the Law on Housing;
b) Records of total maintenance expenditure collected in accordance with housing laws, which distinguish amounts collected from buyers and lease-buyers and amounts transferred by developers as per the law; name, number of deposit accounts and credit institutions where the accounts are opened;
c) List of maintenance work in common area according to maintenance procedures prepared under construction laws that the developers have implemented, invoices and documents proving maintenance expenditure paid to maintenance entities and remaining maintenance expenditure (if any).
Where maintenance work is included in the warranty scope and warranty period is not expired according to the Law on Housing, developers must not deduct from maintenance expenditure which is transferred to administration boards of apartment buildings.
3. Within 30 days from the date on which written request is issued by administration boards, developers of housing investment and construction projects and administration boards shall settle maintenance costs to facilitate transfer of maintenance expenditure.
4. Where maintenance expenditure has been settled in accordance with Clause 2 of this Article, developers and administration boards shall transfer maintenance expenditure for common area of apartment buildings in accordance with Clause 2 Article 153 of the Law on Housing.
Where cases under Clause 4 Article 155 of the Law on Housing apply and developers and buyers or lease-buyers of dwelling units or other area in apartment buildings have not entered into agreement regarding maintenance cost distribution in purchase agreement, the parties shall prepare contract appendix to agree on distribution rate of expenditure maintenance.
Article 40. Rights and responsibilities of developers
1. Manage apartment building operation in accordance with Clause 1 Article 149 of the Law on Housing. Where developers do not manage apartment building operation either by ineligibility or by choice, it is permissible to refer eligible entities for management of apartment building operation in accordance with Article 150 of the Law on Housing to enable apartment building meetings to choose.
Where developers are qualified to manage apartment building operation, they shall be prioritized for the purpose of negotiating and signing contracts with administration boards in order to continue managing apartment building operation if they wish so.
2. Collect maintenance expenditure for common area of apartment buildings in accordance with Article 152 and Article 153 of the Law on Housing and transfer the expenditure to administration boards in accordance with housing laws and this document.
3. Take charge of initial apartment building meetings, assign personnel to participate in administration boards, unless developers do not assign their personnel to participate in administration boards and vote at apartment building meetings in accordance with this document while owning dwelling units or other area in apartment building.
4. Transfer external infrastructure to local authority as per the law; prepare and transfer apartment building dossiers to administration boards in accordance with this document.
5. Manage and use structures serving common activities of owners, uses of apartment buildings handed over by the Government or built for business purposes in accordance with approved projects.
6. Maintain their private area; assume compensation responsibility if maintenance or failure to maintain causes damage to other owners.
7. Request competent authority to take actions against violation of property under their legitimate ownership or obstruction of legitimate business practices according to approved projects. Competent authority are responsible for taking actions against violations of organizations and individuals regarding legitimate property or business practices of developers.
8. Cooperate with administration boards in solving difficulties and issues in management and use of apartment buildings.
9. Purchase compulsory fire insurance in accordance with fire prevention and firefighting laws and insurance business laws during period in which ownership has not been transferred to owners of apartment buildings.
10. Compensate for damage in accordance with agreement or regulations of the law; comply with decision on resolution, penalties of competent authority.
11. Exercise other rights and responsibilities as per the law.
Article 41. Rights and responsibilities of owners of apartment buildings
1. In respect of multi-owner apartment buildings, for the purpose of apartment building management and use, the owners have the right and responsibility to:
a) own and use private area; use common area in accordance with housing laws and this document. Maintain private area in accordance with housing laws and this document; compensate for damage done to other owners as a result of maintenance or failure to maintain;
b) request developers, administration boards, or commune People’s Committees to hold apartment building meetings in accordance with this document; attend apartment building meetings and cast votes in accordance with the Law on Housing and this document;
c) request developers where administration boards have not been established, entities managing operation, and administration boards to provide information and disclose information pertaining to management and use of apartment buildings;
d) adequately adhere to decisions of apartment building meetings, including when they do not attend apartment building meetings; comply with decisions on resolution of competent authority;
dd) adequately and promptly pay expenditure on management of apartment building operation, maintenance expenditure for common area, other expenditure and fees according to regulations of the law or agreement with service providers.
Where owners fail to incur expenditure on management of apartment building operation as per the law, actions shall be taken in accordance with service contracts that administration boards have signed with entities managing operation; where contracts have not been signed in accordance with Clause 1 Article 29 hereof, comply with apartment building management and use details approved by apartment building meetings;
e) comply with rules and regulations pertaining to apartment building management and use; discover and promptly report violations in apartment building management and use to entities managing operation or competent authority;
g) repair damage in private area that affects other owners in apartment buildings; enable and assist relevant entities in maintaining and repairing damp, leak of the floor, sanitation areas in common area as per the law;
h) restore to original conditions and compensate for damage to area, equipment in common area or area, equipment in private area of other owners; be met with penalties as per the law and compensate for damage caused by obstruction of legitimate business practices of owners of commercial zone;
i) purchase compulsory fire insurance for private area, contribute towards fire insurance premiums for common area in accordance with fire prevention and firefighting law and insurance business laws; assume legal responsibilities and compensate for damage caused by fire in apartment buildings;
k) implement other relevant regulations of the law.
2. In respect of single-owner apartment buildings, owners have the right to use apartment buildings and rights and responsibilities under Points b, c, d, e, and k Clause 1 of this Article.
Article 42. Rights and responsibilities of non-owner users of apartment buildings
1. Use private area and common area of apartment buildings in accordance with housing laws and this document.
2. Exercise rights and obligations according to agreement with owners.
3. Attend apartment building meetings (in case of single-owner apartment buildings); represent the owners to attend apartment building meetings and cast votes if the owners do not attend (in case of multi-owner apartment buildings); where a dwelling unit or area in apartment building is shared by multiple users, and users shall authorize a representative to attend and cast votes at apartment building meetings.
4. Exercise relevant rights and responsibilities under Points b, c, d, dd, e, g, h, and k Clause 1 Article 41 hereof.
Article 43. Rights and responsibilities of entities managing apartment building operation
1. Manage apartment building operation in accordance with this document and service contracts signed with administration boards or representatives of apartment building management (where administration boards are not require); maintain common area in apartment buildings in accordance with maintenance contracts if they are qualified for maintenance work. If contracts under Clause 1 Article 29 hereof have not been signed, maintenance work shall adhere to approval of apartment building meetings.
2. Enter into auxiliary contracts with service providers in managing apartment building operation (if any); supervise service provision of these service providers.
3. Notify collection and payment of relevant expenditure in writing; inform users of apartment buildings about requirements and notices in case of irregularities such as natural disasters, epidemic, fire; provide guidelines on installation of equipment in private area of owners.
4. Collect management service fees according to agreement with owners, users of apartment buildings; pay salaries to administration board members in accordance with decision of apartment building meetings.
5. On an annual basis at annual apartment building meetings or at request of competent authority, entities managing operation must submit public reports on management of apartment building operation to administration boards, reports on management of apartment building operation at apartment buildings, collect feedback of owners and users regarding management services of apartment building operation.
6. Cooperate with administration boards of apartment buildings in resolving other issues during management of apartment building operation.
7. Adhere to resolving decisions of competent authorities.
8. Transfer apartment building dossiers to administration boards; hand over tasks relevant to management of apartment building operation to new managing entities.
9. Exercise rights and responsibilities of entities managing apartment building operation according to agreement under contracts for apartment building operation managing services or approval of apartment building meetings in case contracts under Clause 1 Article 29 hereof have not been signed; in case administration boards do not adhere to this Clause, entities managing operation may exercise agreement under signed contracts or approval of apartment building meetings in order to preserve their legitimate rights and benefits; exercise the contracts if they are deemed excellent in performance of the contracts by apartment building meetings.
DISPUTE SETTLEMENT AND PENALTIES FOR VIOLATIONS IN APARTMENT BUILDING MANAGEMENT AND USE
Article 44. Dispute settlement
1. Disputes pertaining to expenditure on management of apartment building operation, the transfer, management, and use of maintenance expenditure for common area in apartment buildings shall be resolved by People’s Committees of districts where the apartment buildings are located or the court or trade arbitrations as per the law.
2. Disputes between administration board members shall be resolved in accordance with operating regulations of administration boards approved via apartment building meetings.
Where administration boards or members thereof are discharged, dismissed, replaced without handing over seals, the new administration boards have the right to request competent authority in charge of seal issuance and registration to revoke, hand over, or cancel seals and issue new seals to the new administration boards in accordance with regulations on issuance, registration, and management.
Where administration boards or members thereof are discharged, dismissed, replaced without handing over deposit accounts of maintenance expenditure for common area in apartment buildings or management accounts of administration boards, the new administration boards have the right to request credit institutions governing these accounts to free said accounts, terminate transactions related to the discharged, dismissed, replaced administration boards, and hand over such accounts to the new administration boards in accordance with this document and relevant law provisions. Credit institutions governing these accounts must hand over the accounts to the new administration boards in accordance with this document.
3. Disputes between administration boards and owners, users of apartment buildings pertaining to the election, dismissal, discharge, replacement of administration board members or other issues related to management of apartment building operation shall be resolved on the basis of negotiation; where negotiation fails, apartment building meetings shall be held.
4. Disputes pertaining to service contracts for management of apartment building operation, maintenance, operation management between service providers and entities managing operation shall be resolved in accordance with negotiation between the parties; where negotiation fails, the parties may request the court or trade arbitrations to resolve as per the law.
Article 45. Violation penalties
1. Where apartment building meetings are not held in a manner compliant with this document, decisions and results of such meetings shall not be acknowledged and other apartment building meetings must be held.
2. Individuals exploiting positions of power, owners, users of apartment buildings who violate regulations of the law pertaining to apartment building management and use shall be met with administrative penalties or criminal prosecution depending on severity of the violations.
3. Individuals whose violations cause damage shall be required to compensate for the damage as per the law.
4. Take actions against other violations pertaining to management and use of apartment buildings in accordance with the Law on Housing.
Article 46. Transition of management of multi-storey multi-unit houses
1. In respect of multi-storey multi-unit houses under Point e, Point g Clause 1 Article 1 hereof, within 6 months from the date on which this document enters into force, owners and users of such houses must exercise management and use of their houses in accordance with this document.
2. In respect of multi-storey multi-unit houses under Clause 2 Article 1 hereof where entities managing operation are not hired, within 6 months from the date on which this document enters into force, individuals managing operation must meet requirements under Clause 5 Article 29 hereof.
Article 47. Responsibilities of provincial People’s Committees and provincial housing authority
1. Provincial People’s Committees have the responsibility to:
a) coordinate implementation of this document in their provinces and cities; depending on local conditions and this document, promulgate regulations elaborating management and use of apartment buildings for adoption in their provinces and cities;
b) popularize and publicize regulations on apartment building management and use;
c) direct local authority to receive structures, infrastructures in housing construction projects (including apartment buildings) according to approved projects and written approval of investment guidelines of competent authority;
d) review and decide inhabitant management of each apartment building and apartment complex as per the law;
dd) inspect, examine, and take actions within their power or request competent authority to take actions against violations in apartment building management and use as per the law; provide guidelines, deal with difficulties relating to local apartment building management and use as per the law;
e) exercise other responsibilities as per the law;
g) promulgate fee tariff for management service of apartment building operation in accordance with Clause 7 Article 151 of the Law on Housing.
2. Provincial housing authority are responsible for assisting provincial People’s Committees in exercising state management function regarding management and use of local apartment buildings; submit reports on management and use of local apartment buildings to Ministry of Construction on a six-monthly basis, an annual basis, or at request; provide guidelines and deal with issues pertaining to management and use of local apartment buildings.
Article 48. Responsibilities of district People’s Committees
1. Request provincial People’s Committees to delegate responsibilities for administration and management of apartment building vicinity and dealing with issues within their power.
2. Issue decisions acknowledging or authorize commune People’s Committees of communes where apartment buildings in question are located to acknowledge administration boards in accordance with this document.
3. Inspect management and use of apartment buildings; take actions within their power or request competent authority to take actions against violations pertaining to apartment building management and use in their districts.
4. Enforce to recover maintenance expenditure for common area in apartment buildings in accordance with housing laws.
5. Receive transferred apartment building dossiers in accordance with Clause 2 Article 11 hereof.
6. Exercise other responsibilities in accordance with housing laws and this document.
Article 49. Responsibilities of commune People’s Committees
1. Communicate and encourage organizations, individuals to adhere to this document and regulations of the law on management and use of apartment buildings.
2. Cooperate with administration boards in monitoring, examining, dealing with difficulties that arise in management and use of apartment buildings within their power or request district People’s Committees to consider and resolve.
3. Inspect and prepare records of transfer of apartment building dossiers to administration boards in case administration boards and developers fail to draft records of transfer in accordance with Clause 3 Article 10 hereof.
4. Cooperate and enable entities managing apartment building operation to provide apartment building services.
5. Organize apartment building meetings and attend apartment building meetings in accordance with this document; acknowledge administration boards under authorization of district People’s Committees.
6. Inspect management of operation of local multi-storey multi-unit houses to ensure compliance with this document.
7. Exercise other responsibilities relating to management and use of apartment buildings in accordance with this document or responsibilities delegated by provincial People’s Committees, district People's Committees or regulations of the law pertaining to local government authority.
Article 50. Responsibilities of Housing and Real Estate Market Management Agency
1. Guide and expedite implementation of this document.
2. Examine management and use of apartment buildings on a nationwide scale and request competent authority to take actions against violations of the law regarding management and use of apartment buildings.
3. Cooperate with relevant authorities in organizing training, publicizing, and communicating regulations of the law regarding management and use of apartment buildings on a nationwide scale.
4. Receive applications, upload and remove information on eligible entities managing apartment building operation in accordance with housing laws.
5. Consolidate feedback of relevant organizations and individuals regarding issues that arise and propose amendment to this document.
6. Exercise other tasks relating to management and use of apartment building in accordance with this document or direction of Minister of Construction./.