Vietnam: Guidelines for compiling, transferring and retaining apartment building dossiers

According to Circular No. 06/2019/TT-BXD of the Ministry of Construction of Vietnam, every owner of an apartment building shall compile and retain a housing dossier as prescribed in Articles 76 and 77 of the Law on Housing. Every investor shall prepare an apartment building dossier in accordance with regulations of the law on construction. If the apartment building dossier is no longer available, it is required to compile an as-built dossier for the apartment building in accordance with regulations of law.

Specifically, an apartment building dossier shall be retained and transferred in accordance with the following regulations:

- The investor shall retain the dossier specified in Clause 2 of this Article; within 20 working days from the date on which the management board of the apartment building or its representative (if the management board is not required) submits a written request for transfer of the apartment building dossier, the investor shall transfer 02 sets of dossier (certified true copies) to the management board. The documents transferred to the management board include:

+ As-built drawings (enclosed with a list of drawings), which are prepared in accordance with regulations of the law on construction.

+ Manufacturer’s profiles of equipment installed in the building.

+ Building operation procedure; building maintenance procedure.

+ A notification of approval for results of commissioning of building items and apartment buildings by the construction authority in accordance with regulations of the law on construction.

+ Parking lot layout designed by the investor according to the project and design dossier approved by the competent authority, which clearly indicates parking lots intended for apartment building owners and occupants (including shared parking lots, car parking lots) and public parking lots.

- After receiving the apartment building dossier specified in Point a of this Clause from the investor, the management board of the apartment building shall retain and manage this dossier at the community house or its office (if any) or location decided by the apartment building convention; if the apartment building has to establish an operating unit in accordance with regulations of the Law on Housing, the management board of the apartment building shall provide 01 set of dossier received from the investor to the operating unit, except for the case where the operating unit is the investor. If the operating unit no longer operates the apartment building, this dossier shall be transferred to the management board.

- By the deadline mentioned in Point a of this Clause, if the investor fails to transfer the apartment building dossier, the management board of the apartment shall request the People's Committee of the suburban, urban district or provincial-affiliated city where the apartment building is located (hereinafter referred to as “the People’s Committee of the district) in writing to request the investor to transfer the dossier. Within 05 working days from the date on which the management board of the apartment building sends a written request, the People's Committee of the district shall carry out an inspection, if the investor has not transferred the apartment building dossier as prescribed, the investor shall be requested in writing to transfer the dossier; within 10 working days from the date on which the People’s Committee of the district sends a written request, the investor that fails to transfer the apartment building dossier shall face administrative penalties in accordance with regulations of the law on penalties for administrative violations against regulations on management and use of housing and is compelled to transfer the apartment building dossier  to the management board.

- If the investor transfers the apartment building dossier as prescribed but the management board does not receive it, within 10 working days from the date on which the apartment building dossier is transferred, the investor shall notify and request the People's Committee of the district where the apartment building is located to receive this dossier. The management board shall take responsibility for the issues that arise from the failure to receive the apartment building dossier as prescribed by law.

Notably, before transferring the apartment building dossier, the investor and management board of the apartment building or its representative shall inventory equipment and define a shared area of the apartment building in accordance with regulations of the Law on Housing; the transfer of apartment building dossier and finished project shall be made into a record signed by parties. In case of failure to inventory equipment and define a shared area, the investor and management board shall make a record of current conditions of equipment and management of the shared area of the apartment building.

View relevant provisions at Circular No. 06/2019/TT-BXD of the Ministry of Construction of Vietnam effective from January 01, 2020 and Circular No. 02/2016/TT-BXD.

Thu Ba​

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