Documents and procedures for recognizing class of an apartment building in Vietnam

 Applications for recognition of apartment building class in Vietnam

Pursuant to Article 7 of Circular 31/2016/TT-BXD, the application for recognition of apartment building class includes:

- An application form for recognition using the form prescribed in Appendix 03 issued with Circular 31/2016/TT-BXD.

- A certified true copy of apartment building construction permit (if required by law on construction);

- A certified true copy of a decision on detail planning approval on 1:500 scale or an acceptance of site plan of the apartment building (if a detail planning on 1:500 scale is not required) enclosed with a site plan of the apartment building that has been approved by a competent authority.

- A certified true copy of a written assessment issued by a competent authority enclosed with a basic design drawing in accordance with law on construction.

- A certified true copy of findings about inspection of taking-over of the apartment building issued by a construction authority.

- A written self-declaration and self-recognition using the form prescribed in Appendix 04 issued with Circular 31/2016/TT-BXD.

Documents and procedures for recognizing class of an apartment building in Vietnam (Internet image)

Authority to recognize apartment building classes in Vietnam

Pursuant to Clause 1, Article 8 of Circular 31/2016/TT-BXD, the Service of Construction of province or central-affiliated city where apartment buildings are located (hereinafter referred to as Service of Construction) shall recognize classes of these apartment buildings within the province as prescribed in Circular 31/2016/TT-BXD.

Procedures for recognizing class of an apartment building in Vietnam

Pursuant to Article 8 of Circular 31/2016/TT-BXD, an application for recognition shall be submitted as prescribed in Article 7 of Circular 31/2016/TT-BXD to Service of Construction. Service of Construction shall receive and verify the application; in case of insufficiency, Service of Construction shall, within 3 working days from the date of receipt, give a notice of providing lacking documents;

Within 15 days, from the date on which sufficient application is received as prescribed in Article 7 of Circular 31/2016/TT-BXD, the Service of Construction shall verify the application and undertake a visit to the apartment building;

If the apartment building meets requirements prescribed in Article 3 and criteria prescribed in Article 6 of Circular 31/2016/TT-BXD, the Service of Construction shall promulgate a decision on recognition using the form in Appendix 05 issued with Circular 31/2016/TT-BXD.

If the apartment building does not meet requirements and criteria as prescribed, the Service of Construction shall provide the applicant with explanation in writing;

Within 3 working days from the date on which the decision on recognition is promulgated, the Service of Construction shall post the decision on its website and send the decision to the applicant for the purpose of disclosing that to owner-occupiers and occupiers of the apartment building.

The decision on recognition prescribed in Circular 31/2016/TT-BXD remains valid in 5 years. When it expires, the Service of Construction shall delete information and the decision that has been posted on its website and give notices of such expiration to the owners, the management board, and the investors (if any).

During an inspection, if a recognized apartment building is considered that it no longer meets criteria as it used to or in case of any violation against law on housing, construction and relevant law provisions, the Service of Construction shall annul the decision on recognition, delete relevant information and the decision on recognition posted on the website and give notices of such annulment to the owners and the investors (if any).

Service of Construction shall cooperate with Services of Finance in requesting the People’s Committee of province to provide for a budget for verification of applications and recognition of classes in accordance with reality of the province.

Each applicant for recognition shall pay a fee as prescribed.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE