What are the rights of administration boards of apartment buildings in Vietnam under the Law on Housing 2023? What are the responsibilities of administration boards?
What are the responsibilities of administration boards of apartment buildings in Vietnam?
Pursuant to the provisions in Article 148 of the Law on Housing 2023:
Responsibility of administration boards
1. In respect of apartment buildings with multiple owners, administration boards have responsibility to:
a) register seals and accounts of administration boards, accounts for management and use of maintenance costs; receive and manage apartment building dossiers from developers of housing investment and construction projects and provide for entities managing apartment building operation in accordance with Regulation on management and use of apartment buildings;
b) manage and use maintenance costs in accordance with regulation on revenue and expenditure decided by apartment building meetings; report revenue and expenditure of these funding in the apartment building meetings;
c) sign service contracts for apartment building operational management with developers of housing investment and construction projects or entities capable of managing apartment building operation selected by apartment building meetings under Point d Clause 3 Article 145 hereof.
If entities managing apartment building operation under Clause 1 Article 149 hereof are not required where apartment building meetings already assign administration boards to manage operation, administration boards shall collect and spend operational management costs in accordance with decisions in apartment building meetings;
d) select, sign contracts for maintenance of common area of apartment buildings and supervise maintenance work according to Regulations on management and use of apartment buildings. Maintenance of common area shall be performed by entities managing apartment building operation or other competent entities in accordance with construction laws;
dd) expedite and request apartment building owners and users to adhere to apartment building management and use rules, Regulations on management and use of apartment buildings; collect and consolidate feedback, propositions of apartment building owners, users regarding management, use, and apartment building services in order to cooperate with authorities, relevant organizations, individuals in reviewing and resolving;
e) cooperate with local authorities and neighborhoods in developing cultured lifestyle, maintain social order and safety in apartment buildings;
g) adhere to regulations on operation, revenue, expenditure of administration boards of apartment buildings approved by apartment building meetings; not dismiss or include additional members of apartment buildings;
h) assume legal responsibility to apartment building owners and users upon failing to exercise rights and responsibilities under this Clause;
i) adhere to resolving decisions of competent authorities;
k) perform other tasks assigned by the apartment building meetings that do not contradict the law.
l) exercise other responsibilities as per the law.
2. In respect of apartment buildings with single owners, administration boards shall exercise responsibilities under Points dd, e, g, h, i, k, and l Clause 1 of this Article.
3. Decisions of administration boards that exceed rights and responsibilities under this Law or operation regulations of administration boards shall be illegitimate; if such decisions exceed the powers for the purpose of establishing and conducting civil transactions, actions shall be taken in accordance with the Civil Code; in case of violation, depending on the nature and severity of violation, members of administration boards shall be met with administrative penalties or criminal prosecution; if damage is done, compensation as per the law shall be required.
4. If decisions of members of administration boards are made as a result of power abuse or exceeding rights and responsibilities under this Law and operation regulation of administration boards, such decisions shall be illegitimate; violations shall, depending on nature and severity, shall be met with administrative penalties or criminal prosecution; if damage is done, compensation as per the law shall be required.
5. If administration boards are terminated and new administration boards are not acknowledged, commune People’s Committees where apartment buildings are located shall exercise responsibilities of administration boards until new administration boards are acknowledge.
Thus, the responsibilities of the Apartment Management Board are determined according to the above content.
What are the rights of administration boards of apartment buildings in Vietnam under the Law on Housing 2023? What are the responsibilities of administration boards?
What are the rights of administration boards in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 147 of the Law on Housing 2023, the rights of administration boards in Vietnam are determined as follows:
(1) In respect of apartment buildings with multiple owners, administration boards have the right to:
- 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;
- manage and use maintenance costs in accordance with this Law and decision of apartment building meetings;
- request apartment building meetings to approve service fees of apartment building operational management;
- receive bonus and other expenditure according to decision of apartment building meetings;
- request competent authority to acknowledge administration boards;
- request developers of housing investment and construction projects to hand over apartment building dossiers; request competent authority to enforce handover of apartment building dossiers;
- 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 including:
- receive bonus and other expenditure according to decision of apartment building meetings;
- perform other tasks assigned by the apartment building meetings that do not contradict the law.
(3) In respect of apartment buildings with one other owner,
Administration boards shall exercise rights including:
- receive bonus and other expenditure according to decision of apartment building meetings;
- request competent authority to acknowledge administration boards;
- perform other tasks assigned by the apartment building meetings that do not contradict the law.
Vietnam: When will the Law on Housing 2023 come into force?
Pursuant to the provisions of Article 197 of the Law on Housing 2023, the Law on Housing 2023 comes into force from January 1, 2025.
From January 1, 2025, the Law on Housing 2023 officially expires, except for the cases in point b clause 1, points a, c, dd, e and g clause 2, clause 3, points a, b, c , d, dd and e Clause 5, Article 198 of the Law on Housing 2023.
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