Cases of dismissal members of management board of apartment buildings in Vietnam

Cases of dismissal members of management board of apartment buildings in Vietnam (Internet image)

1. Cases of dismissal members of management board of apartment buildings in Vietnam

According to Clause 1, Article 26 of the Regulation on the Management and use of apartment buildings, promulgated together with Circular 02/2016/TT-BXD (Regulations), members of management board of apartment buildings, apartment complexes shall be dismissed in one of the following cases:

- Members of management board apply for resignation;

- Members of management board are no longer apartment building owners (in case of multi-owner apartment buildings);

- Members of management board move to other locations;

- Head of management board of apartment block after separation from apartment complex in the case prescribed in Point b, Clause 2, Article 21 of the Regulation;

- Members of management board of apartment building merging into apartment complex in the case prescribed in Clause 3, Article 21 of the Regulation;

2. Cases of dismissal of management board of apartment buildings in Vietnam

According to Clause 2, Article 26 of the Regulation, the dismissal of management board, members of management board of apartment buildings, apartment complexes shall be implemented at the request of management board or apartment building owners in following cases:

- Management board fails to make reports on its performance in apartment building meetings as prescribed hereof;

- Management board fails to operate after being elected;

- Members of management board commit acts in violation of regulations on operation, receipts and expenditures of management board;

- Members of management board fail to participate in management board operation for six straight months or fail to attend at least 30% of total number of management board meetings for a year.

3. Regulations on re-election of members of the Management Board of apartment buildings

According to Clause 3, Article 26 of the Regulation, the re-election of members of management board of apartment blocko is carried out as follows:

- In case of election of replacements for management board, heads or deputy heads of management board, an irregular apartment building meeting should be held to give decisions as prescribed in Article 14 of the Regulation;

In case of dismissal of deputy heads as representatives of the investor, the investor shall appoint other representatives as replacements without organization of irregular apartment building meetings;

- In case of election of members of management board apart from the subjects as prescribed in Point a, this Clause, the management board shall propose replacements and ask for opinions from owners;

If approved by at least 50% of representatives of owners of delivered apartments or less as decided by apartment building meeting, such replacements shall be recognized as members of management board;

Otherwise, an irregular apartment building meeting shall be organized to elect replacements as prescribed in Article 14 of the Regulation.

4. Regulations on re-election of members of management board of apartment complex in Vietnam

In Clause 4, Article 26 of the Regulation, the re-election of members of management board of apartment complex is carried out as follows:

- In case of election of replacements for management board or heads of management board, an irregular apartment complex meeting should be held to give decisions as prescribed in Article 14 of the Regulation;

- In case of election of members of management board of apartment complex apart from the subjects as prescribed in Point a, this Clause, the management board shall propose replacements and ask for opinions from owners of apartments of the apartment building to which the members to be replaced belong;

If approved by at least 50% of representatives of owners of delivered apartments or less as decided by apartment building meeting, such replacements shall be recognized as members of management board of the apartment complex;

Otherwise, an irregular apartment building meeting shall be organized to elect replacements as prescribed in Article 14 of the Regulation.

In case of dismissal of deputy heads of management board of apartment complex as representatives of the investor, the investor shall appoint others as replacements without organizing irregular apartment complex meetings;

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