Latest regulations on classification of apartment buildings in Vietnam

Purposes and requirements for classification and recognition of apartment buildings in Vietnam

Apartment buildings shall be put into multiple classes so as to be valued for the purpose of management or dealing on the market.

Each apartment building shall be classified and recognized individually in accordance with the following requirements:

- An application shall be submitted by an organization or individual prescribed in Article 4 of Circular 31/2016/TT-BXD;

- The apartment building is built in accordance with the detailed planning approved by competent authorities; in accordance with construction permit that has been issued (if required by law on construction);

- The apartment building is built in accordance with national technical regulation on apartment buildings and other relevant national technical regulations;

- The construction of apartment building has been completed in accordance with law on housing, construction and relevant law provisions, has been put into operation and absent from any violation against regulations of law until the date on which the application for recognition is submitted;

- The apartment building is neither supposed to be demolished nor located in an area that is required to be expropriated under a competent authority’s decision.

Pursuant to: Article 3 of Circular 31/2016/TT-BXD.

Latest regulations on classification of apartment buildings in Vietnam (Internet image)

Applicants for recognition of apartment building class in Vietnam

- In case of a multi-occupier apartment building in which a management board is required to be formed as prescribed in the Law on Housing, the following entity shall be considered as an applicant for recognition:

+ In case of absence of a management board, the investor is the applicant;

+ In case of presence of a management board, the management board is the applicant.

- In case of a multi-occupier apartment building in which a management board is not required to be formed as prescribed in the Law on Housing, a written consent of more than 50% of total occupiers to apply for recognition shall be required.

- In case of a single-occupier apartment building (regardless of presence of the management board), the occupier is the applicant.

Pursuant to: Article 4 of Circular 31/2016/TT-BXD

Criteria for classification of apartment buildings in Vietnam

Pursuant to Article 5 of Circular 31/2016/TT-BXD, yhe classification shall be carried out according to 4 groups of criteria below:

- Planning and architecture.

- System and technical equipment.

- Services and infrastructure.

- Quality, management, operation.

Classification of apartment buildings in Vietnam

Pursuant to Article 6 of Circular 31/2016/TT-BXD, apartment buildings are put into one of 3 classes below:

- Class A: those that meet all requirements prescribed in Clause 2 Article 3 of Circular 31/2016/TT-BXD and meet at least 18 in total 20 criteria specified in Appendix 01 issued with Circular 31/2016/TT-BXD.

- Class B: those that meet all requirements prescribed in Clause 2 Article 3 of Circular 31/2016/TT-BXD and meet at least 18 in total 20 criteria specified in Appendix 02 issued with Circular 31/2016/TT-BXD.

- Class C: those that meet all requirements prescribed in Clause 2 Article 3 of Circular 31/2016/TT-BXD but fail to meet sufficient criteria to be put into class A or class B as prescribed in Clause 1 and Clause 2 of Article 6 of Circular 31/2016/TT-BXD.

Mai Thanh Loi

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