Who is the apartment owner? Regulations on apartment building meetings in Vietnam

Who is the apartment owner? Regulations on apartment building meetings in Vietnam (Internet image)

The Ministry of Construction of Vietnam issued Official Dispatch 5410/BXD-QLN dated November 29, 2022, guiding the definition of apartment building owners attending apartment building conferences.

Thus, the owner of an apartment building is defined as follows:

1. Who is the apartment owner?

According to the provisions of Clause 13 and Article 3 of the Law on Housing 2014, the owner explains as follows:

The term "apartment owner" means the owner of an apartment or the owner of other areas in an apartment building.

At the same time, in Clause 1, Article 102 of the Law on Housing 2014, it stipulates:

Apartment building meeting is a meeting between owners or occupiers of the apartment building if the apartment building’s owners do not attend.

Clause 9 and Article 3 of Circular 02/2016/TT-BXD promulgate regulations on the management and use of apartment buildings.

Representatives of owner of apartments, other space within an apartment building refers to representatives of owner of each apartment, other space within an apartment building or legal occupants if the owner does not use the apartment (hereinafter referred to as ‘owner representatives').

Thus, according to the above provisions, the apartment owner can be the owner of the apartment, can be the owner of another area in the apartment building, or can be the owner of the common apartment. The resident also owns another area in the apartment building.

2. Regulations on apartment building meetings in Vietnam

Article 102 of the Law on Housing 2014 provides for apartment building conferences as follows:

- Apartment building meeting is a meeting between owners or occupiers of the apartment building if the apartment building’s owners do not attend.

- The apartment building meeting shall be held to decide issues prescribed in Clause 3 and Clause 4 of Article 102 of the Law on Housing 2014 when the apartment building meets all requirements mentioned in the Statue on management and use of apartment buildings issued by the Minister of Construction.

- With respect to any apartment building having many homeowners (hereinafter referred to as multi-owner building), the Apartment building meeting shall be held to decide the issues below:

= Nominate, elect, or dismiss members of the Management board of the apartment building; pass, amend the Regulations on management and use of the apartment building;

= Pass, or amend Operation regulation of the Management board of the apartment building; decide the responsibility allowance provided for the Management board members and reasonable costs serving the operation of the Management board;

= Pass the charges of apartment building management services as prescribed in Article 106 of this Law and the use of funding for maintenance of common areas in the apartment building;

= Decide to choose the managing organization of the apartment building in case the investor(s) are not in charge of apartment building management, or they are in charge of apartment building management but they refuse to manage the apartment building, or they manage the apartment building but they do not meet requirements as agreed in the agreement on service provision concluded with the Management board of the apartment building;

= Pass the report on management operation, maintenance of common areas operation of the apartment building;

= Decide other issues relating to the management and use of the apartment building.

- With respect to any single-owner apartment building, the Apartment building meeting shall be held to decide the issues prescribed in Point a, b and e Clause 3 of Article 102 of the Law on Housing 2014.

- Every decision issued by the Apartment building meeting on issues prescribed in Clause 3 of Article 102 of the Law on Housing 2014 shall be passed under the majority rule by the voting by hands or ballots, which is recorded in writing, and signed by the members in charge of the meeting and secretaries of the meeting.

More details can be found in Vietnam's Official Dispatch 5410/BXD-QLN, dated November 29, 2022.