From January 1, 2025, how will an apartment building meeting be held in Vietnam according to the Housing Law 2023? Who are memebers of an apartment building administration board?
From January 1, 2025, how will an apartment building meeting be held in Vietnam according to the Housing Law 2023?
Based on the provisions of Article 145 Housing Law 2023, the guidance on conducting apartment building meetings is as follows:
A apartment building meeting is a meeting of the owners or users of the apartment building if the apartment building owner does not attend; for apartment buildings with a single owner, the apartment building meeting includes the apartment building owner and the apartment building user.
Apartment building meetings must be held to decide on the following issues upon meeting the conditions set forth in the apartment building Management and Usage Regulations:
[1] For apartment buildings with multiple owners, the apartment building meeting decides on the following issues:
- Nominate, elect, dismiss, and revoke members of the apartment building administration board; pass, amend, and supplement the management and usage regulations of the apartment building;
- Pass, amend, and supplement the activity regulations, financial collection and expenditure regulations of the apartment building administration board; decide on the remuneration of members of the apartment building administration board and other expenses serving the activities of the apartment building administration board;
- Approve the service fee for apartment building management and operation and the use of maintenance funds; for apartment buildings specified in Clause 4, Article 155 of this Law where the purchase, rent, or lease-purchase contract of the apartment building does not include an agreement on the division of the maintenance fund ratio, the apartment building meeting shall consider and decide on the division of this fund ratio;
- Decide to select the apartment building management and operation unit in cases where there is no longer a project developer or the developer does not have the function, capability to manage and operate the apartment building, or has the function and capability but does not participate in the management and operation or participates but does not meet the agreed requirements in the service contract signed with the apartment building administration board;
- Approve the maintenance plan for the shared parts of the apartment building;
- Approve reports on management and operational activities, and maintenance activities of the shared parts of the apartment building;
- Other matters related to apartment building management and usage.
[2] For apartment buildings with a single owner, the apartment building meeting is held to decide on the following issues:
- Nominate, elect, dismiss, and revoke members of the apartment building administration board; pass, amend, and supplement the management and usage regulations of the apartment building;
- Pass, amend, and supplement the activity regulations, financial collection and expenditure regulations of the apartment building administration board; decide on the remuneration of members of the apartment building administration board and other expenses serving the activities of the apartment building administration board;
- Approve reports on management and operational activities, and maintenance activities of the shared parts of the apartment building;
[3] For apartment buildings classified as public assets, the apartment building meeting is held to decide on the following issues:
- Pass, amend, and supplement the activity regulations, financial collection, and expenditure regulations of the apartment building administration board; decide on the remuneration of members of the apartment building administration board and other expenses serving the activities of the apartment building administration board;
- Approve reports on management and operational activities, and maintenance activities of the shared parts of the apartment building;
Note:
apartment building meetings are conducted in the form of direct meetings; in cases of epidemics, natural disasters where direct meetings are not possible, online or hybrid meetings (both direct and online) can be held.
Decisions of the apartment building meeting on matters in case [3] are passed by majority rule through voting or poll, and minutes are recorded with the signatures of the presiding members and the secretary of the apartment building meeting.
From January 1, 2025, how should apartment building meetings be held according to the Housing Law 2023?
Who comprises the apartment building administration board in Vietnam?
Based on the provisions of Article 146 Housing Law 2023, the composition of the apartment building administration board includes:
- For apartment buildings with a single owner:
The composition of the apartment building administration board includes representatives of the apartment building owner and apartment building users.
- For apartment buildings with multiple owners and with 20 or more apartments, or apartment buildings with multiple owners but fewer than 20 apartments:
The composition of the apartment building administration board includes representatives of the owners, users if the owners do not attend, and the project developer if the developer still holds areas within the apartment building, except where the project developer does not appoint a representative to participate in the apartment building administration board.
What are the rights of the apartment building administration board in Vietnam?
Based on Article 147 Housing Law 2023, the regulations are as follows:
Rights of the apartment building administration board
1. For apartment buildings with multiple owners, the apartment building administration board has the following rights:
a) Request the project developer to transfer all maintenance funds after the apartment building administration board has been established and submit a written request for transfer; request the competent authority to enforce the transfer of maintenance funds;
b) Manage and use the maintenance funds as per the regulations of this Law and decisions of the apartment building meeting;
c) Propose to the apartment building meeting for approval of the management service fee of the apartment building;
d) Receive remuneration and other expenses as per the decision of the apartment building meeting;
dd) Request the competent authority to recognize the apartment building administration board;
e) Request the project developer to transfer apartment building records; request the competent authority to enforce the transfer of apartment building records;
g) Perform other tasks assigned by the apartment building meeting that are not contrary to the law.
2. For apartment buildings classified as public assets, the apartment building administration board exercises the rights specified in points d and g of clause 1 of this Article. For other single-owner apartment buildings, the apartment building administration board exercises the rights specified in points d, đ, and g of clause 1 of this Article.
Thus, the rights of the apartment building administration board are determined according to the above-stated regulations.
Housing Law 2023 shall take effect from January 1, 2025.
LawNet