Fees for apartment building management services in Vietnam

Fees for apartment building management services in Vietnam (Internet image)

1. Regulations on management of apartment buildings in Vietnam

Article 105 of the Law on Housing 2014 stipulates the management of apartment buildings in Vietnam as follows:

- The management of an apartment building shall be carried out as follows:

+ Regarding any apartment building having elevators, the managing organization shall carry out the apartment building management;

+ Regarding any apartment building having no elevator, the Apartment building meeting shall be held to decide whether to manage themselves or hire a managing organization conducting the apartment building management.

- Any apartment building managing organization must satisfy requirements pertaining to competency as follows:

+ It is established and operated as prescribed in regulations of the Law on enterprise or the Law on cooperatives and in charge of apartment building management;

+ It is required to have departments in charge of apartment building management including technology, service, security, hygiene, or environment units;

+ There are personnel meeting requirements pertaining to housing management including construction, electric technique, water, fire safety, operation of equipment attached to the apartment building and certificates of training in apartment building management as prescribed in regulations of the Minister of Construction.

- The apartment building managing organization shall manage the technical system, equipment, and provision of apartment building services, maintain the apartment building and perform other tasks relating to the apartment building management.

- The apartment building managing organization is entitled to collect fees for management of the apartment building from the homeowners, or the occupiers according to the prices prescribed in Clause 3 and Clause 4 Article 106 of the Law on Housing 2014;

Regarding the state-owned apartment building, the fees for management services shall comply with regulations in Point a, Clause 5, Article 106 of the Law on Housing 2014.

- The managing organization is entitled to manage more than one apartment building in the same or different administrative divisions.

2. Fees for apartment building management services in Vietnam

Fees for apartment building management services in Vietnam according to Article 107 of the Law on Housing 2014 are as follows:

- The fees for the apartment building management services (hereinafter referred to as the service fees) must be determined publicly, transparently and according to tasks carried out regarding each type of apartment building.

- The service fees do not include expenditures on maintenance of common areas, parking fees, expenditures on fuel, energy, tap water, television services, communication and other fees serving the private use of the homeowners or occupiers.

- Regarding a multi-owner building, the service fees shall comply with regulations below:

+ In case it fails to organize the Apartment building meeting for the first time, the service fees shall be the fees as defined in the agreement on housing sale or lease purchase,

+ In case the Apartment building meeting has been organized, the service fees shall be determined by the Apartment building meeting.

- Regarding any single-owner building, the service fees shall be charged according to the agreement concluded between the homeowner and the occupiers; regarding any state-owned apartment building, the service fees shall comply with Clause 5 of this Article.

- The People’s Committee of the province shall issue the service fee bracket in order to apply to the following cases:

+ Collect the service fees on state-owned apartment buildings in the province;

+ Enable contracting parties to enter into agreements on housing sale or lease purchase or in case there is dispute over the service fees between the managing organization and the homeowners and the occupiers;

In case it fails to agree about the service fees, the fees in the service fee bracket issued by the People’s Committee of the province shall be applied.

Quoc Dat

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