Vietnam: Regulations on attendances and voting at apartment building convention

According to Clause 6 Article 1 of Circular No. 06/2019/TT-BXD of the Ministry of Construction of Vietnam amending Article 16 of Circular No. 02/2016/TT-BXD, attendances and voting at apartment building convention are specified as follows:

Firstly, regarding a single-owner apartment building or apartment building complex, attendances at an apartment building convention comprise representatives of apartment building owners and occupants and representative of the People’s Committee of the commune where the apartment building is located.

Secondly, regarding a multi-owner apartment building or apartment building complex, attendances at an apartment building convention are prescribed as follows:

- If the first apartment building convention is organized, attendances thereat comprise representative of the investor, representative of owners of transferred apartments, representative of the operating unit (if any) and representative of the People’s Committee of the commune;

- If an irregular apartment building convention or annual apartment building convention is organized, attendances thereat comprise representative of owners of transferred apartments, representative of the investor (if the investor still owns some area in the apartment building), representative of the operating unit (if any) and representative of the People’s Committee of the commune.

On the other hand, the right to vote at the apartment building or apartment building complex convention is determined according to the area under sole ownership of the apartment owner or owner of another area in the apartment building. 1 m2 of the area under sole ownership is equivalent to 01 vote.

Circular No. 06/2019/TT-BXD specifies the apartment building owner or owner of another area in the apartment building may authorize another owner in such apartment building or occupant of such apartment building to attend the convention and vote at the convention on behalf of the owner. Regarding state-owned apartments (including unoccupied and occupied ones), the authority representing their owners shall attend the convention and exercise the right to vote. In the cases where apartments are occupied, however, the authority representing their owners authorizes occupants to attend the convention, such occupants shall attend the convention and exercise the right to vote with respect to the occupied area.

Notably, every decision made at the apartment building or apartment building complex convention shall be approved under the majority rule through a show of hands or a ballot; contents of the convention shall be made into a record, which bears signatures of presiding members and secretary.

View more details at Circular No. 06/2019/TT-BXD of the Ministry of Construction of Vietnam, effective from January 01, 2020.

Thu Ba

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