In case it fails to organize the Apartment building meeting for the first time, how to calculate fees for apartment building management services in Vietnam?
- In case it fails to organize the Apartment building meeting for the first time, how to calculate fees for apartment building management services in Vietnam?
- What is an apartment building meeting in Vietnam?
- What are the conditions for organization of the first apartment building meeting in Vietnam?
- When is the People’s Committee of wards responsible for organizing the first apartment building meeting in Vietnam?
In case it fails to organize the Apartment building meeting for the first time, how to calculate fees for apartment building management services in Vietnam?
Pursuant to the provisions of Clause 3, Article 106 of the Law on Housing 2014, the regulations are as follows:
Fees for apartment building management services
1. The fees for the apartment building management services (hereinafter referred to as the service fees) must be determined publicly, transparently and according to tasks carried out regarding each type of apartment building.
2. The service fees do not include expenditures on maintenance of common areas, parking fees, expenditures on fuel, energy, tap water, television services, communication and other fees serving the private use of the homeowners or occupiers.
3. Regarding a multi-owner building, the service fees shall comply with regulations below:
a) In case it fails to organize the Apartment building meeting for the first time, the service fees shall be the fees as defined in the agreement on housing sale or lease purchase,
b) In case the Apartment building meeting has been organized, the service fees shall be determined by the Apartment building meeting.
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Thus, based on the above regulations, in case it fails to organize the Apartment building meeting for the first time, the service fees shall be the fees as defined in the agreement on housing sale or lease purchase,
In case it fails to organize the Apartment building meeting for the first time, how to calculate fees for apartment building management services in Vietnam? (Picture from internet)
What is an apartment building meeting in Vietnam?
Pursuant to the provisions of Article 12 of the apartment building meeting issued together with Circular 02/2016/TT-BXD, the regulations are as follows:
Apartment building meeting
1. For single-owner apartment buildings, the apartment building meeting is the meeting attended by the owner’s representatives.
2. For multi-owner apartment buildings, the apartment building meeting is the meeting attended by the owner’s representatives or occupants if the owner does not attend.
3. The apartment building meeting may issue decisions on management and use of apartment buildings according to Article 102 of the Law on Housing and this Regulation.
Thus, based on the above regulations, the apartment building meeting is regulated as follows:
- For single-owner apartment buildings, the apartment building meeting is the meeting attended by the owner’s representatives.
- For multi-owner apartment buildings, the apartment building meeting is the meeting attended by the owner’s representatives or occupants if the owner does not attend.
What are the conditions for organization of the first apartment building meeting in Vietnam?
Pursuant to Article 13 of the Regulations on management and use of apartment buildings issued together with Circular 02/2016/TT-BXD amended by Clause 5, Article 1 of Circular 06/2019/TT-BXD, the conditions for organization of the first apartment building convention:
- The apartment building convention shall be organized within 12 months from the date on which such apartment building is transferred and put to use and has at least 50% of its apartments transferred to buyers or buyers/tenants (excluding the apartments that are not sold or yet to be sold or leased out under a lease-purchase agreement by the investor);
By the aforementioned deadline, if the apartment building has not had at least 50% of apartments transferred, the apartment building convention shall be organized until at least 50% of apartments are transferred;
- The apartment building convention shall be organized if at least 50% of apartments of each building in a cluster have been transferred to buyers or buyers/tenants (excluding the apartments that are not sold or yet to be sold or leased out under a lease-purchase agreement by the investor) and at least 50% of representatives of owners of apartments of each building have put their apartments into use and agree to add the buildings to the apartment building complex.
When is the People’s Committee of wards responsible for organizing the first apartment building meeting in Vietnam?
Pursuant to the provisions of Clause 5, Article 13 of Regulations on management and use of apartment buildings issued together with Circular 02/2016/TT-BXD amended by Clause 5, Article 1 of Circular 06/2019/TT-BXD, stipulates that the People’s Committee of wards shall be responsible for organizing the first apartment building meeting in one of the following cases:
- The investor fails to organize the meeting after the apartment building has been in operation for more than 12 months when percentage of delivered apartments as prescribed in Point a, Clause 1, Article 13 of Circular 02/2016/TT-BXD reaches 50% and representatives of owners of delivered apartments have issued a written request to People’s Committee of wards for organization of the meeting;
- The investor has made preparations for the organization of the meeting but the attendance is not sufficient as prescribed in Clause 2, Article 13 of Circular 02/2016/TT-BXD and the investor and owner representatives have issued a written request to People’s Committee of wards for organization of the meeting;
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