Do owners of unoccupied apartments in Vietnam have to pay service fees?
How many floors does an apartment building in Vietnam have?
According to Article 2 of the Housing Law 2023, the regulations are as follows:
Article 2. Definitions
In this Law, the following terms are understood as follows:
- Housing is a construction for the purpose of living and serving the needs of families and individuals. Housing can be used for living purposes and other purposes that are not prohibited by law, classified as mixed-use housing.
- Single-family residence is housing built on a separate parcel of land owned by an organization or individual, or on leased or borrowed land from an organization or individual, including villas, adjacent houses, and standalone houses, built for living or mixed-use purposes.
- An apartment building is housing with 02 or more floors, multiple apartments, having common corridors and staircases, with private ownership, common ownership, and shared infrastructure systems used by families, individuals, and organizations, including apartment buildings built for living purposes and those with mixed-use purposes.
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According to the above regulations in Vietnam, an apartment building is housing with 02 or more floors, multiple apartments, having common corridors and staircases, with private ownership, common ownership, and shared infrastructure systems used by families, individuals, and organizations.
Do unoccupied apartments have to pay service fees? (Image from the Internet)
Do owners of unoccupied apartments in Vietnam have to pay service fees?
According to Article 4 of the Regulation on management and use of apartment buildings issued with Circular 05/2024/TT-BXD, the rules on management and use of apartment buildings state:
Article 4. Principles of management and use of apartment buildings
1. Apartment buildings must be used for the correct function, design purpose, and approved project content.
2. The management and use of apartment buildings are carried out on the basis of voluntary commitment and agreement between the parties but must not violate the housing law, relevant laws, and social ethics.
3. Management and operation funding for apartment buildings is carried out according to the agreement between the owners and users of the apartment buildings with the operating management unit based on legal regulations on housing. Owners and users of apartment buildings must pay maintenance fees, management and operation fees, activities fees of the Apartment Management Board (hereinafter referred to as the Management Board) and other fees, and charges to serve the usage of apartment buildings according to the Housing Law, this Regulation, and other relevant laws; they must comply with the apartment building management regulations, housing laws, this Regulation, and other relevant laws in the management and use of apartment buildings.
The usage of management and operation funds, and maintenance fees for the common ownership of the apartment building must ensure the right purpose, transparency, and openness.
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According to the above regulations, apartment building service fees are determined based on the agreement between the owners and users of the apartment buildings with the operating management unit based on legal regulations on housing.
Therefore, whether unoccupied apartments have to pay service fees depends on the agreement between the owners and users of the apartment buildings with the operating management unit.
What are the tasks of managing and operating an apartment building in Vietnam?
According to Article 7 of the Regulation on management and use of apartment buildings issued with Circular 05/2024/TT-BXD, the activities of managing and operating apartment buildings in Vietnam are stated as follows:
Article 7. Activities of managing and operating apartment buildings
1. The management and operation tasks of apartment buildings include the following:
a) Operating, maintaining, and regularly checking the elevator system, maintaining water pumps, generators, automatic fire alarm systems, fire extinguishing systems, fire extinguishing tools, backup equipment, and other equipment belonging to the common ownership and use of the apartment building or apartment complex to ensure the normal operation of these systems;
b) Providing security services, environmental sanitation, waste collection, garden care, pest control, and other services to ensure the normal operation of the apartment building;
c) Other related tasks as decided by the Apartment Building Conference.
2. In the case that the apartment building must have an operating management unit according to Clause 1, Article 149 of the Housing Law, all the tasks specified in Clause 1 of this Article must be carried out by the operating management unit; owners and users of the apartment building are not allowed to separately hire different services to manage and operate. The apartment building management unit may sign a contract with a service provider to carry out the management and operation tasks of the apartment building but must be responsible for the management and operation according to the service contract signed with the Management Board.
Thus, the tasks of managing and operating an apartment building include the following:
- Operating, maintaining, and regularly checking the elevator system, maintaining water pumps, generators, automatic fire alarm systems, fire extinguishing systems, fire extinguishing tools, backup equipment, and other equipment belonging to the common ownership of the apartment building or apartment complex to ensure the normal operation of these systems.
- Providing security services, environmental sanitation, waste collection, garden care, pest control, and other services to ensure the normal operation of the apartment building.
- Other related tasks as decided by the Apartment Building Conference.
