Scope of management of private and common property in apartment buildings with under multiple owners in Vietnam

Guidelines for management of private and common property in apartment buildings with under multiple owners in Vietnam (Image from the Internet)

On July 31, 2024, the Minister of Construction of Vietnam promulgated Circular 05/2024/TT-BXD detailing specific articles of the Housing Law 2023.

Scope of management of private and common property in apartment buildings with under multiple owners in Vietnam

* Managing private property in apartment buildings with under multiple owners

- The determination of private property in apartment buildings with under multiple owners is carried out according to Clause 1, Article 142 of the Housing Law 2023 as follows:

+ The area inside the apartment, including the balcony and loggia attached to the apartment;

+ Other areas within the condominium recognized as private property of the condominium owner;

+ Systems of equipment used exclusively attached to the apartment or exclusive area belonging to the condominium owner, except for equipment under common property defined in Clause 2, Article 142 of the Housing Law 2023.

- The condominium owner can directly or by written authorization with the owner’s signature authorize another person to manage their exclusive area, but the use of this exclusive area must ensure the correct design function, approved purpose, and not affect the exclusive area of other owners or the common area of the condominium.

- In case there are legal regulations regarding usage conditions or residence of owners and apartment users, these legal regulations must be followed.

(According to Article 8 of the Regulation issued with Circular 05/2024/TT-BXD**)

* Managing common property and Usage in apartment buildings with under multiple owners

- The determination of common property in apartment buildings with under multiple owners is carried out according to Clause 2, Article 142, and point a, Clause 2, Article 144 of the Housing Law 2023.

- For the common property area of a residential-purpose condominium, the owners and users have the responsibility to jointly manage; if the condominium requires an operating management unit, the management of this common area is handed over to the operating management unit. If there is no requirement for an operating management unit, the condominium meeting decides to assign the Management Board or another unit to manage this common area.

- For the common property area of a mixed-purpose condominium, management is carried out as follows:+ If the common property area of the service business function zone and the apartment function zone cannot be separately divided, the condominium owners are jointly responsible for managing this common area. The management of this common area is carried out according to Clause 2, Article 9 of the Regulation issued with Circular 05/2024/TT-BXD;

+ If the common property area of the service business function zone and the apartment function zone can be separately divided, the owner of the apartment function zone is responsible for managing the common property area of this function zone. The management of this common area is carried out according to Clause 2, Article 9 of the Regulation issued with Circular 05/2024/TT-BXD. For the common property area of the service business function zone, it is managed by the operating management unit. If there is no requirement for an operating management unit, it is managed by the owner of this function zone.

The common property area of the entire building is jointly managed by the condominium owners. The management of this common area is carried out according to Clause 2, Article 9 of the Regulation issued with Circular 05/2024/TT-BXD.

- The community room in the condominium is managed by the owners or the Management Board (if there is a Management Board) or the operating management unit, according to the condominium meeting decision.- The common property area of a condominium cluster is managed by the Management Board of the cluster on behalf of the owners.

The management of the common property area of a condominium cluster is carried out according to Clause 4, Article 28 of the Regulation issued with Circular 05/2024/TT-BXD.

(According to Article 9 of the Regulation issued with Circular 05/2024/TT-BXD)

More details can be found in Circular 05/2024/TT-BXD which comes into force in Vietnam from August 1, 2024.

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