Procedures for notifying units qualified for managing apartment building operation in Vietnam

Procedures for notifying units qualified for managing apartment building operation in Vietnam (Image from Internet)

1. Procedures for notifying units qualified for managing apartment building operation in Vietnam

The procedures for notifying units qualified for managing apartment building operation in Vietnam according to Article 85 Decree 95/2024/ND-CP are as follows:

- Units with a need shall submit directly or via postal service or online a dossier as specified in Clause 2, Article 84 of Decree 95/2024/ND-CP to the housing management agency under the Ministry of Construction or the provincial housing management agency where the head office of the managing and operating unit is located. In case of submitting an unsigned copy, the original must be provided for comparison; units with a need may only submit the application to one of the competent authorities specified in Clause 1, Article 85 of Decree 95/2024/ND-CP.

- The receiving agency is responsible for checking the dossier; if it is insufficient or contains incorrect documents, within a maximum period of 15 days from the date of receipt, the receiving agency must notify the unit of the missing documents.

In case during the dossier processing, it is found that the unit borrowed documents proving employees of another managing and operating unit, a written notice of refusal will be issued recognizing the unit as qualified to manage and operate apartment buildings.

If the dossier contains all the required documents, within a maximum period of 30 days from the date of receipt, the receiving agency is responsible for checking and issuing a notice confirming the unit is qualified to manage and operate apartment buildings, sending it to the managing unit, and publicly posting this notice on the electronic portal of the receiving agency; the notice will include the unit's name, address, legal representative's information, and is valid for 05 years from the signing date, except as stipulated in Clause 2, Article 86 of Decree 95/2024/ND-CP.

If a provincial-level housing management agency issues the notice, within a maximum period of 15 days from the notification date, it must send a copy to the Ministry of Construction for posting on its electronic portal; if the Ministry of Construction issues the notice, it must post the notice on the Ministry of Construction's electronic portal.

- When the validity period stated in the notice under Clause 2, Article 85 of Decree 95/2024/ND-CP expires, if the unit wishes to continue managing and operating, it must submit a dossier as specified in Clause 2, Article 84 of Decree 95/2024/ND-CP for review and notification of qualification to manage and operate apartment buildings.

- The competent authority responsible for notifying units qualified for managing apartment building operation in Vietnam is responsible for preparing a list of employees of the managing unit attached to the application dossier to establish a basis for identifying employees participating in a managing unit.

- The managing and operating unit of apartment buildings may only sign a service contract for managing apartment building operation after obtaining the notice confirming the unit's qualification from the competent authority.

2. Conditions and application for notifying units qualified for managing apartment building operation in Vietnam

The conditions and application for notifying units qualified for managing apartment building operation in Vietnam according to Article 84 Decree 95/2024/ND-CP are as follows:

- The managing and operating unit of apartment buildings must meet the following conditions:

+ Comply with Clause 1, Article 150 of Housing Law 2023;

+ Possess a notice of qualification to manage and operate apartment buildings issued by the competent authority according to Article 85 of Decree 95/2024/ND-CP.

- The application for notifying units qualified for managing apartment building operation in Vietnam includes:

+ A written request from the unit detailing: the unit's name, head office address, legal representative's information in accordance with business registration or establishment decision;

+ A certified copy of the document proving the unit's function in managing apartment building operation or real estate management;

+ A list of managers, staff of the managing unit’s departments with certified copies of professional diplomas and certificates certifying the specialized knowledge and skills corresponding to the work of managing and operating in the fields specified in point c, Clause 1, Article 150 of Housing Law 2023;

+ A certified copy of the Certificate of completion of a training course on professional knowledge and skills in managing apartment building operation for the subjects specified in point c, Clause 2, Article 84 of Decree 95/2024/ND-CP, following the form in Appendix XIII attached to Decree 95/2024/ND-CP after being trained at institutions authorized to provide training according to the framework program on professional training on managing apartment building operation stipulated by the Ministry of Construction.

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