What permits are required for repair of an apartment building in Vietnam? Is it true that the owner of the apartment prohibits others to use the apartment terrace in Vietnam?

What permits are required for repair of an apartment building in Vietnam?

Hello Lawnet. Recently, my family entered into a contract to buy an apartment in Ho Chi Minh City. The apartment cost 3 and a half billio, but in the contract I saw an additional maintenance fee. I have a question: Is it permissible to add maintenance fee in the contract? What is the maximum maintenance fee?

Answer:

Pursuant to Clause 1.a Article 108 of the Law on Housing in 2014 stipulating funding for maintenance of common areas in the multi-owner building as follows:

1. Funding for maintenance of common areas in the multi-owner building shall comply with regulations below:

a) Regarding apartments or other areas in the apartment building which are sold, or leased and sold by the investor, the investor must pay 2% of value of the apartments or other areas; this amount of money shall be included in the selling price or lease purchase price paid by the buyer or lessee when transfer the apartments or other area, which is stated in the agreement;

As regulations above, regarding apartments or other areas in the apartment building which are sold, or leased and sold by the investor, the investor must pay 2% of value of the apartments or other areas.

Does the contract of sale and purchase of the apartment in Vietnam include maintenance costs?

I am currently living in an apartment building. I want to remodel the apartment to make it more convenient for living such as repainting the walls, rewiring the power lines, repairing all the furniture in the house. In general, I want to completely renovate my apartment. Is it permissible to me to do so? What permits do I need to prepare?

Minh Long - Tien Giang

Answer:

According to current regulations, management and use of apartment buildings shall comply with the Law on Housing in 2014 and Circular 02/2016/TT-BXD.

Pursuant to Clause 5 Article 6 of the Law on Housing in 2014, it is prohibited from arbitrarily changing the bearing structure or changing the design of private areas in the apartment building.

Therefore, in this case, we understand that the apartment owner is not allowed to arbitrarily change the design of the private part in the apartment building. Pursuant to Clause 2 Article 9 of the Circular 02/2016/TT-BXD stipulating r and regulations on management and use of apartment buildings as follows:

"2. Rules and regulations on management and use of apartment buildings are as follows:

...

d) Regulations on repair work for damage, changes of equipment in privately-owned portions and emergency responses;"

Specifically, according to  Clause 3, Article 4 of Circular 28/2016/TT-BXD, the part replacing Appendix 2 of the form of internal regulations on management and use of the apartment building has the following content:

1. If there is damage occurring in an apartment unit or other privately-owned portion, the owner or the occupant can repair or replace the damaged things provided such repairing or replacement must cause either damage to the shared portions or influence on other apartment owners.

2. Replacing, repairing or installing equipment must not make changes or deformation, or cause damage to the structure of apartment unit.

Thus, the combination of the above provisions shows that the current construction law only allows repair of the apartment building in case of damage or installation of additional equipment and ensures that it does not change or deform or damage the structure of the apartment building, but not allowing the owner of the apartment building to change the design compared to the original, even in the private area. The repair in permitted cases must also comply with the regulations in the apartment building's regulations. Therefore, in your case, the repair does not come from the failure of equipment and parts in the house, but from the fact that you want to change the whole house compared to the original design. In this case, it is not allowed.

Is it true that the owner of the apartment prohibits others to use the apartment terrace in Vietnam?

Previously, during the residents meeting of the apartment building, Ms. Hoa asked for a third of the terrace area to grow hydroponic vegetables and was approved by the community. Hoa later sold the apartment and moved to another place, the new owner did not let us use 1/3 of the previous area that the community lent to Ms. Hoa. Does the new owner allow to do so?

Answer:

Pursuant to Clause 2 Article 100 of the Law on Housing in 2014, the common areas in an apartment building include:

- The remaining area of the apartment building except for the private areas mentioned in Clause 1 of this Article; the community center of the apartment building;

- Shared areas and supporting structure systems, technical equipment in the apartment building including frames, columns, load-bearing walls, enclosing walls, apartment-dividing walls, floors, roofs, terraces, corridors, stairways, elevators, emergency exits, garbage chute, systems of electricity supply, water supply, gas supply, communication system, radio, television, drainage, septic tanks, lightning conductors, fire fighting and other parts not under private ownership of the apartment building’s homeowners;

- Exterior technical infrastructure but connected to the apartment building, except for technical infrastructure system which is used for public purposes or required to transfer to the State or the investor in charge of the approved project;

- Public constructions in the apartment building area which are not built for commercial purposes or required to transfer to the State according to the approved project include public yards, flower gardens and other constructions mentioned in the approved residential construction project.

Pursuant to Article 214 of the Civil Code in 2015 sitpulating multiple ownership in apartment buildings as follows:

- The areas, equipment and furnishings which are for common use in an apartment building prescribed in the Law on Housing are under multiple ownership of all owners of the apartments in the apartment building and are indivisible, unless otherwise provided by law or unless all of the owners reach some other agreement.

- The owners of the apartments in an apartment building have equal rights and obligations with respect to the management and use of common areas and equipment prescribed in Clause 1 of this Article, unless otherwise agreed or prescribed by law.

- Where an apartment building is destroyed, the rights of the owners of the apartment building shall be exercised in accordance with law.

The terrace is the common ownership part of the apartment building, so the terrace is considered as the unified common ownership of all the owners of the apartments in that apartment building and is not divided; unless otherwise agreed. The owners have the same ownership rights and obligations in the management and use of assets under common ownership of the apartment building.

For your case: the terrace is the common property of the owners of the apartments, so you and other householders still have the right to share the terrace. Therefore, it is illegal for the owner of Mrs. Hoa's new house to prevent you and other apartment owners from using 1/3 of the terrace.

Best regards!