Who are members of the administration boards of apartment buildings in Vietnam? Is it compulsory to establish administration boards for apartment buildings?
Who are members of the administration boards of apartment buildings in Vietnam?
Pursuant to the provisions of Article 146 of the Law on Housing 2023, the composition of the administration boards of apartment buildings includes:
- In respect of apartment buildings with single owners:
Administration board shall consist of owner representatives and apartment building users
- In respect of apartment buildings with multiple owners:
Administration board shall consist of representatives of owners, apartment building users in absence of owners, developers of housing investment and construction projects who no longer own area in apartment buildings unless developers of housing investment and construction projects do not assign their representatives to participate in apartment building administration boards.
Who are members of the administration boards of apartment buildings in Vietnam? Is it compulsory to establish administration boards for apartment buildings?
Is it compulsory to establish administration boards for apartment buildings in Vietnam?
Pursuant to the provisions of Article 146 of the Law on Housing 2023 on Apartment Management Boards as follows:
Administration boards of apartment buildings
1. In respect of apartment buildings with single owners or apartment buildings with multiple owners and less than 20 flats, apartment building owners and users shall discuss whether or not to establish administration boards. Establishment of administration boards:
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2. In respect of apartment buildings with multiple owners and at least 20 flats, administration boards shall be required. Administration board shall consist of representatives of owners, apartment building users in absence of owners, developers of housing investment and construction projects who no longer own area in apartment buildings unless developers of housing investment and construction projects do not assign their representatives to participate in apartment building administration boards.
3. Administration boards of apartment buildings with single owners shall operate on an autonomous basis. In case of public housing, representatives of owners of public housing or housing authorities shall establish administration boards or assign managing entities.
Thus, based on the above regulations, the establishment of administration boards is carried out as follows:
- In respect of apartment buildings with single owners or apartment buildings with multiple owners and less than 20 flats: The establishment of the administration board is not compulsory.
-> Apartment building owners and users shall discuss whether or not to establish administration boards.
- In respect of apartment buildings with multiple owners and at least 20 flats: administration boards shall be required.
- In case of public housing: representatives of owners of public housing or housing authorities shall establish administration boards or assign managing entities.
Thus, the voting, early dismissal, and dismissal of members of administration boards; determination of number of members of administration boards; separation and merger of administration boards and documents, procedures for recognizing administration boards, enforced transfer of apartment building dossiers shall conform to Regulations on management and use of apartment buildings. .
What are the rights of administration boards of apartment buildings in Vietnam?
Pursuant to Article 147 of the Law on Housing 2023, there are provisions as follows:
Rights of administration boards
1. In respect of apartment buildings with multiple owners, administration boards have the right to:
a) request developers of housing investment and construction projects to hand over maintenance costs after administration boards have been established and issued request for handover; request competent authority to enforced handover of maintenance costs;
b) manage and use maintenance costs in accordance with this Law and decision of apartment building meetings;
c) request apartment building meetings to approve service fees of apartment building operational management;
d) receive bonus and other expenditure according to decision of apartment building meetings;
dd) request competent authority to acknowledge administration boards;
e) request developers of housing investment and construction projects to hand over apartment building dossiers; request competent authority to enforce handover of apartment building dossiers;
g) perform other tasks assigned by the apartment building meetings that do not contradict the law.
2. In respect of public apartment buildings, administration boards shall exercise rights under Points d and g Clause 1 of this Article. In respect of apartment buildings with one other owner, administration boards shall exercise rights under Points d, dd, and g Clause 1 of this Article.
Thus, the rights of administration boards of apartment buildings are determined according to the content of the above regulations.
Law on Housing 2023 comes into force from January 1, 2025.
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