What is an apartment building? What are the requirements for apartment building managing organizations in Vietnam?
What is an apartment building in Vietnam?
Pursuant to Clause 3, Article 3 of the Law on Housing 2014, it is stipulated as follows:
Interpretation of terms
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3. Apartment building means any multi-storey building which has multiple apartments, public stairs, hall ways, private areas, common areas and common infrastructural works for organizations, households or individuals, including apartment buildings for residential use and mixed-use buildings for both business and residential purposes.
Thus, apartment building means any multi-storey building which has multiple apartments, public stairs, hall ways, private areas, common areas and common infrastructural works .
What is an apartment building? What are the requirements for apartment building managing organizations in Vietnam?
What are the requirements for apartment building managing organizations in Vietnam?
Pursuant to Article 105 of the Law on Housing 2014, it is stipulated as follows:
Management of apartment buildings
1. The management of an apartment building shall be carried out as follows:
a) Regarding any apartment building having elevators, the managing organization shall carry out the apartment building management;
b) Regarding any apartment building having no elevator, the Apartment building meeting shall be held to decide whether to manage themselves or hire a managing organization conducting the apartment building management.
2. Any apartment building managing organization must satisfy requirements pertaining to competency as follows:
a) It is established and operated as prescribed in regulations of the Law on enterprise or the Law on cooperatives and in charge of apartment building management;
b) It is required to have departments in charge of apartment building management including technology, service, security, hygiene, or environment units;
c) There are personnel meeting requirements pertaining to housing management including construction, electric technique, water, fire safety, operation of equipment attached to the apartment building and certificates of training in apartment building management as prescribed in regulations of the Minister of Construction.
3. The apartment building managing organization shall manage the technical system, equipment, and provision of apartment building services, maintain the apartment building and perform other tasks relating to the apartment building management.
4. The apartment building managing organization is entitled to collect fees for management of the apartment building from the homeowners, or the occupiers according to the prices prescribed in Clause 3 and Clause 4 Article 106 of this Law; regarding the state-owned apartment building, the fees for management services shall comply with regulations in Point a, Clause 5, Article 106 of this Law.
5. The managing organization is entitled to manage more than one apartment building in the same or different administrative divisions.
Thus, the apartment building managing organizations must ensure all requirements according to the above regulations.
What are fire safety conditions for microapartments in Vietnam?
Article 5 of Decree 136/2020/ND-CP stipulates fire safety conditions for apartment buildings as follows:
* Microapartments less than 5 floors high or with a volume of less than 5,000 m3:
- Regulations, prohibition signs, signage, plans or instruction signs concerning fire prevention, fighting and escape are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;
- There is a firefighting plan approved by the competent authority.
- Power system, lightning protection system, antistatic system, electrical equipment, spark-generating equipment, heat-generating equipment, and the use of fire sources and heat sources must ensure fire safety in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security.
- There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, system for management of database on fire prevention and fighting, incident notification system, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security.
- There are fire prevention and fighting regulations and task assignment. Persons in charge of fire prevention and fighting must join training and refresher courses on fire prevention and fighting operation according to regulations in Article 33 of Decree 136/2020/ND-CP
* Microapartments with 5 floors or more or with a total volume of 5,000 m3 or more.
- Regulations, prohibition signs, signage, plans or instruction signs concerning fire prevention, fighting and escape are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;
- There are internal and specialized firefighting forces suitable for the facility’s characteristics and having received training in fire prevention and fighting operation, and on-site combat-ready firefighters according to regulations, excluding the case provided for in Point g Clause 2 Article 31 of Decree 136/2020/ND-CP;
- There is a firefighting plan approved by the competent authority;
- Power system, lightning protection system, antistatic system, electrical equipment, spark-generating equipment, heat-generating equipment, and the use of fire sources and heat sources must ensure fire safety in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
- There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, system for management of database on fire prevention and fighting, incident notification system, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
- The fire safety and firefighting authority (hereinafter referred to as “firefighting authority”) has issued a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results for projects and works included in the list in Appendix V enclosed with Decree 136/2020/ND-CP, excluding national defense facilities operating for military purpose and motor vehicles subject to special fire safety requirements manufactured or converted for military purpose by national defense facilities.
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