Are 4-storey apartments required to have elevators in Vietnam?

Are 4-storey apartments required to have elevators in Vietnam?

According to Subsection 2.4 Section 2 National Technical Regulation QCVN 04:2021/BXD promulgated together with Circular 03/2021/BXD stipulating requirementsfor elevators of apartment buildings as follows:

2.4 Elevator requirements

2.4.1 Apartments and mixed-use apartments from 5 storeys or higher must be installed with at least 1 elevator and 2 elevators for apartments and mixed-use apartments from 10 storeys or higher while ensuring capacity according to selected and applied standards.

NOTE: With respect to apartments and mixed-use apartments having elevators, at least 1 specialized elevator whose cabin usable area is enough to allow medical transportation with stretchers must be installed.

2.4.2 Situate at least 1 elevator for every 200 building inhabitants regardless of number of people on the ground floor, or in case of calculating by number of flats, situate at least 1 elevator for every 70 flats. Load capacity of an elevator must not be lower than 450 kg. In case of a building with only 1 elevator, the minimum load capacity of the elevator must not be lower than 630 kg.

2.4.3 With respect to apartments and mixed-use apartments with fire service height exceeding 50 m or depth of the lowest basement (calculated up to elevation of the exit leading outside) exceeding 9 m, at least 1 elevator capable of transporting fire brigade and firefighting, evacuation and rescue equipment according to TCVN 6396-72:2010 and TCVN 6396-73:2010 must be installed in each fire compartment of the buildings.

2.4.4 Width of passenger elevators must satisfy standards selected for application.

2.4.5 Elevators must be installed with devices preventing door jamming, auto first aid kits and emergency phone system inside the cabin. The elevators shall only operate when all doors are closed.

2.4.6 Load capacity and speed of elevators must satisfy selected and applied standards.

2.4.7 Elevators must be guaranteed in term of safety according to QCVN 02:2019/BLDTBXH and inspected for safety before being brought into operation after:

- Installation;

- Major repair;

- Serious accidents or incidents which have been remediated;

- Expiring or at request of regulatory agencies on occupational safety.

2.4.8 Rooms for placement of elevator engine and equipment must have convenient and safe entry and exit and must not be positioned directly above any flat. Elevator shafts must satisfy soundproofing requirements according to QCXDVN 05:2008/BXD and noise-resistance requirements according to QCVN 26:2010/BTNMT.

2.4.9 Water tanks must not be installed directly above elevator shafts; water pipes, heat pipes and gas pipes must not be installed across the elevator shafts.

2.4.10 Elevators must ensure accessibility and use for persons with old age and persons with disabilities according to QCVN 10:2014/BXD.

According to this Article, a mixed-use apartment building with 5 storeys or more must have at least 1 elevator, and from 10 storeys or more must have at least 2 elevators. And it is necessary to arrange at least 1 elevator for 200 people residing in the building, excluding the number of people on the first floor (ground floor) or in the case of calculating by the number of apartments, it is necessary to arrange at least 1 elevator for every 70 flats in Vietnam. 

Thus, depending on the number of residents excluding the first floor (ground floor) or the number of apartments in Vietnam, the apartment building is required to have an elevator or not.

Do I have to pay expenditures on services in Vietnam when I have received the handover but have not yet moved in?

According to Article 31 of the Regulation on management and use of apartment buildings promulgated together with Circular 02/2016/TT-BXD, stipulating expenditures on services of apartment buildings as follows:

1. Expenditures on services shall be paid on a monthly or periodical basis by owners and occupants to managing units for performance of duties as prescribed in Clause 1, Article 10 hereof.

2. Expenditures on services are determined by multiplying the service price as prescribed in Article 30 hereof by usable area of apartments or other space other than apartments in the apartment building.

3. Usable area of apartments or other space other than apartments in the apartment building shall serve as foundations for calculation of expenditures on services as follows:

a) If certificates of land use rights, ownership of houses and land-linked properties (hereinafter referred to as ‘the Certificate’), the area serving as foundations for calculation of expenditures on services shall be the area specified in the Certificate;

b) If the Certificate is yet to be granted, the area serving as foundations for calculation of expenditures on services shall be usable area privately owned by owners (carpet area as prescribed in Clause 2, Article 101 of the Law on Housing); this area is determined in the purchase and lease purchase contract or in practice.

4. For state-owned apartment buildings, expenditures on services shall be collected according to Point a, Clause 5, Article 106 of the Law on Housing.

According to the above regulations in Vietnam, users of apartment buildings, including those who have received apartments and other areas in the apartment building that have not been used yet, are subject to paying fees for management and operation of the apartment building. Therefore, even if you have not yet moved in, but if you have received the apartment handover, you still have to pay expenditures on services.

Best regards!