Vietnam: When shall the decisions made by management board of apartment building be voted and passed?

According to Circular No. 02/2016/TT-BXD of the Ministry of Construction of Vietnam, decisions made by management board of apartment buildings, apartment complexes shall be passed in the form of voting as prescribed in management board’s operation regulations, made into written records signed by a secretary, members of management board present in the meeting and affixed with a stamp of management board (if seal is available). In case the ayes achieve 50% of the number of members of management board, the final result shall be decided by the head or deputy head (in case the head is absent) unless otherwise as regulated in Clauses 15 and 16 Article 1 of Circular No. 06/2019/TT-BXD of the Ministry of Construction of Vietnam as follows:

Firstly, regarding a multi-owner apartment building, the following proposals shall be passed if they are approved by at least 75% of total members of the apartment building or apartment building complex management board:

- Proposal for change of an operating unit;

- Decision on selection of units carrying out maintenance;

- Proposal for change of prices of apartment building operation services;

- Management board’s proposals and requests submitted to the investor during the management and use of apartment buildings;

- Other cases decided by the apartment building convention.

Secondly, regarding the decision on use of fees for maintenance of the shared area of a multi-owner apartment building, voting shall be carried out as follows:

- If the management board of the apartment building decides to maintain the building’s shared area, such decision must be approved by at least 75% of its total members;

- If the management board of the apartment building decides to maintain the shared area of the whole apartment building complex, such decision shall be approved by at least 75% of its total members; if the management board of the apartment building decides to maintain one or some of buildings in the complex is maintained, such decision shall be approved by at least 75% of its total numbers who are representatives one or some of such buildings.

View full text 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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