Regulations on apartment building meetings and management board of the apartment building in Vietnam

Regulations on apartment building meetings in Vietnam

Pursuant to Article 102 of the Law on Housing 2014, regulations on apartment building meetings are as follows:

(1) Apartment building meeting is a meeting between owners or occupiers of the apartment building if the apartment building’s owners do not attend.

(2) The apartment building meeting shall be held to decide issues prescribed in Clause (3) and (4) when the apartment building meets all requirements mentioned in the Statue on management and use of apartment buildings issued by the Minister of Construction.

(3) With respect to any apartment building having many homeowners (hereinafter referred to as multi-owner building), the Apartment building meeting shall be held to decide the issues below:

- Nominate, elect, or dismiss members of the Management board of the apartment building; pass, amend the Regulations on management and use of the apartment building;

- Pass, or amend Operation regulation of the Management board of the apartment building; decide the responsibility allowance provided for the Management board members and reasonable costs serving the operation of the Management board;

- Pass the charges of apartment building management services as prescribed in Article 106 of the Law on Housing 2014 and the use of funding for maintenance of common areas in the apartment building;

- Decide to choose the managing organization of the apartment building in case the investor(s) are not in charge of apartment building management, or they are in charge of apartment building management but they refuse to manage the apartment building, or they manage the apartment building but they do not meet requirements as agreed in the agreement on service provision concluded with the Management board of the apartment building;

- Pass the report on management operation, maintenance of common areas operation of the apartment building;

- Decide other issues relating to the management and use of the apartment building.

(4) With respect to any single-owner apartment building, the Apartment building meeting shall be held to decide the issues prescribed in Point a, b and e Clause 3 of Article 102 of the Law on Housing 2014.

(5) Every decision issued by the Apartment building meeting on issues prescribed in Clause 3 of Article 102 of the Law on Housing 2014 shall be passed under the majority rule by the voting by hands or ballots, which is recorded in writing, and signed by the members in charge of the meeting and secretaries of the meeting.

Regulations on apartment building meetings and management board of the apartment building in Vietnam (Internet image)

Regulations on Management board of the apartment building in Vietnam

Pursuant to Article 103 of the Law on Housing 2014, regulations on apartment building management boards are as follows:

(i) If the apartment building has fewer than 20 apartments regardless of single-owner building or multi-owner building, the homeowner(s) and/or the occupiers of the apartment building shall decide whether to set up or not set up the Management board of the apartment building; if the Management board of the apartment building is set up, it shall follow the procedures below:

- Regarding the multi-owner building, the components of the Management board shall include the representative of the owner and the occupiers;

- Regarding the multi-owner building, the components of Management board of the apartment building shall comply with Clause (ii)

(i) Regarding the apartment building having 20 apartments or above, it is required to set up the Management board of the apartment building. The members of the Management board of the apartment building shall include apartment building’s owners, representatives of the investor(s) (if any); in case the occupiers also attend the Apartment building meeting, the members of the Management board of the apartment building may include the occupiers.

(iii) The Management board of the single-owner building shall be organized under autonomous model. The Management board of the multi-owner building shall be organized under model of Board of Directors of a joint-stock company or under model of Chairman of Board of Cooperatives, which has legal status, seal and exercise the rights and fulfill obligations as prescribed in Clause 1 Article 104 of the Law on Housing 2014.

When electing or dismissing members of the Management board of the apartment building, the homeowners or occupiers of the apartment building are not required to set up a joint-stock company or a cooperative; the members of the Management board shall be elected or dismissed through the Apartment building meeting according to the Statute of management and use of apartment buildings issued by the Minister of Construction.

Mai Thanh Loi

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