What are the regulations on parking space in apartment buildings in Vietnam under the Law on Housing 2023?
What are the regulations on parking space in apartment buildings in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 144 of the Law on Housing 2023, there are regulations on parking space in apartment buildings as follows:
Developers of housing investment and construction projects shall build parking spaces serving apartment building owners and users include motor vehicles, motorbikes, motorized tricycles, bicycles, and mobility aids for people with disability in a manner that at least adheres to construction regulations, approved design and ensure that these parking spaces are used for the intended purposes. Parking spaces can be located in basements or other area inside or outside of apartment buildings according to approved planning or design; approved design shall defined parking spaces for motor vehicles and motorbikes, motorized tricycles, bicycles, and mobility aids for people with disability.
Charging areas for electric vehicles shall be located in a manner that complies with construction standards and regulations.
Determination of ownership and use right of parking spaces:
- Parking spaces for bicycles, motorbikes, motorized tricycles, mobility aids for people with disability for apartment building owners and users shall be considered under joint ownership and common use right of apartment building owners;
- Parking spaces of motor vehicles intended for apartment building owners shall be available of purchase or rent by buyers, buyers/tenants of flats or other area in apartment buildings; if buyers, buyers/tenants do not buy and/or rent these parking spaces, these parking spaces shall be managed by developers of housing investment and construction projects and investment construction costs of these parking spaces shall not be included in sale, lease-purchase price of flats; developers of housing investment and construction costs are responsible for publicizing investment and construction costs for motor vehicle parking spaces. Positioning of motor vehicle parking spaces in apartment buildings shall prioritize apartment building owners over public parking spaces.
The purchase or rent of motor vehicle parking spaces under this Point shall be defined in flat purchase, lease purchase agreements or in separate contracts.
- Developers of housing investment and construction project shall hand over parking space plan drawings to apartment building owners on the basis of approved projects and design which clearly define parking spaces for apartment building owners and users, including parking spaces under joint ownership, motor vehicle parking spaces, and public parking spaces.
Vehicle tending service fees shall conform to price laws.
Management of parking space operation shall conform to Regulation on management and use of apartment buildings..
What are the regulations on parking space in apartment buildings in Vietnam under the Law on Housing 2023? (Image from the Internet)
What are the regulations on management service fees for apartment building operation in Vietnam under the Housing Law 2023?
Pursuant to the provisions of Article 151 of the Law on Housing 2023, regulations on management service fees for apartment building operation as follows:
- Determination of management service fees for apartment building operation shall be open, transparent, and corresponding to tasks requiring management and services necessary for each type of apartment buildings.
- Management service fees for apartment building operation shall not include premiums of fire insurance, maintenance costs, vehicle tending costs, fuel costs, energy costs, domestic water, television services, communication, wages for administration boards, other service fees for services used by apartment buildings owners and users.
Management service fees for apartment building operation shall be determined in Vietnamese currency and calculated for every square meter of usable area of flats or other area in apartment buildings.
- In respect of apartment buildings with multiple owners, management service fees shall be regulated as follows:
+ If initial apartment building meetings have not been held, management service fees shall conform to contracts for housing purchase, lease purchase;
+ If initial apartment building meetings have been held, management service fees shall be agreed upon by managing entities and apartment building meetings.
- In respect of apartment buildings with single owners, management service fees shall conform to agreement between apartment building owners and users under lease agreements; in respect of apartment buildings under public ownership, management service fees shall conform to Clause 7 of Article 151 of the Law on Housing 2023.
- In respect of mixed-use apartment buildings, management service fees applicable to business and service areas and private areas used as motor vehicle parking spaces shall be determined as follows:
+ Management service fees applicable to business and service areas shall be negotiated by the parties depending on activities in business area and position of apartment buildings;
+ Management service fees applicable to private area used as motor vehicle parking spaces shall be agreed upon by the parties and may be lower than management service fees of flats in the same apartment buildings.
- In respect of apartment buildings serving accommodation, management service fees applicable to private area serving as motor vehicle parking spaces shall conform to Point b Clause 5 of Article 151 of the Law on Housing 2023.
- Provincial People’s Committees are responsible for promulgating price range of management service fees for cases below:
+ Collect management service fees for apartment buildings under public ownership in provinces and cities;
+ Act as the basis for parties to consult in negotiation of management service fees in respect of housing that are not public housing or in case of disputes regarding management service fees between entities managing apartment building operation and apartment building owners, users; in case of failure to agree on management service fees, value under price range stipulated by provincial People’s Committees shall be applied.
What is an apartment building in Vietnam?
Pursuant to the provisions of Clause 3, Article 2 of the Law on Housing 2023, there is a definition of apartment buildings as follows:
Apartment buildings refer to buildings with at least 02 storeys, multiple dwelling units, common staircases and common walkways, private property and common property, common infrastructures and amenities for use by households, individuals, and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes.
Thus, apartment buildings are understood according to the definition above. Apartment building owners refer to owners of dwelling units and owners of areas other than dwelling units in apartment buildings.
Law on Housing 2023 comes into force from January 1, 2025.
LawNet