What types of apartment buildings are under the governing scope of the Regulation on management and use of apartment buildings in Vietnam?

Specifically, according to Clause 1 Article 1 of Circular No. 06/2019/TT-BXD of the Ministry of Construction of Vietnam amending Clause 1 Article 1 of Circular No. 02/2016/TT-BXD dated February 15, 2016, the Regulation on management and use of apartment buildings (hereinafter referred to as “Regulation”) applies to apartment buildings intended for residential purpose and apartment buildings intended for both residential purpose and other purposes (including apartments intended for residential purpose, serviced buildings, commercial buildings, office buildings and other buildings)  according to the Law on Housing No. 65/2014/QH13 of Vietnam (hereinafter referred to as “the Law on Housing”), including:

- Commercial apartment buildings;

- Social apartment buildings, except for the apartment buildings specified in Clause 2 Article 1;

- Relocation apartment buildings;

- State-owned old apartment buildings, which are renovated and re-built;

- Apartment buildings used as official residences.

Thus, from January 01, 2020, apartment buildings used as official residences are also one of the regulated entities of this Regulation.

According to Circular No. 06/2019/TT-BXD, apartment buildings shall be managed and used on the basis of commitment and agreement between parties in accordance with the law on housing, relevant regulations of law and social ethics. Concurrently, Circular No. 06/2019/TT-BXD also supplements the regulation that investors, management boards, operating units, owners and occupants of apartment buildings are encouraged to apply technologies and information technology to the management, use and operation of apartment buildings. In addition to these principles, the management and use of apartment buildings also need to comply with other important principles specified in Circular No. 02/2016/TT-BXD, including:

- An apartment building should be used according to its uses, designs and contents of approved projects.

- Payment of fees for administration and operation of apartment buildings shall be carried out according to negotiations between apartment owners, occupants and managing units on the basis of the Law on Housing. Use of budget for operation and maintenance of the shared portion of the apartment building should serve the primary purpose, be transparent and in accordance with the Law on housing and this Regulation; contribution of fees and charges during the use of apartment building should be in compliance with law provisions.

- Apartment owners, occupants should pay fees for maintenance and operation of the apartment building, fees for activities performed by the Management Board and other fees during the use of apartment buildings according to this Regulation and relevant law provisions; comply with regulations on management and use of apartment buildings, regulations of the Law on Housing, this Regulation and relevant law provisions during the management and use of apartment buildings.

- Management Board shall exercise rights and responsibilities in relation to management and use of apartment buildings according to the Law on Housing and this Regulation on behalf of apartment owners, occupants; In case an apartment building does not require the establishment of the Management Board under the Law on Housing, the apartment owners, occupants themselves shall negotiate plans for management of the apartment building.

- Disputes, complaints in relation to management and use of apartments shall be handled according to the Law on Housing, this Regulation and relevant law provisions.

- Any act of violating regulations on management and use of apartments shall be handled in a timely and strict way under laws.

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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