Regulations on the number and Composition of the Current Apartment Building Management Board

Newest regulations on the Number of members and Composition of the administration board of apartment building (Image from the internet)

Newest regulations on the Number of members and Composition of the administration board of apartment building

According to Article 21 of the Regulation issued together with Circular 05/2024/TT-BXD, the following provisions are stipulated:

- The number of members of the administration board of apartment building , apartment building complex management board is decided by the apartment building Conference based on the following principles:

+ For buildings with only one independent block, there must be at least 03 members in the Management Board; in the case of buildings with multiple blocks as specified in Clause 2, Article 3 of the Regulation issued together with Circular 05/2024/TT-BXD, each block must have at least 01 member in the Management Board;

+ For a apartment building complex, there must be at least 06 members in the Management Board.

- The composition of the Management Board of buildings, apartment building complexes with multiple ownerships is specified as follows:

+ The Management Board of a building includes 01 Head, 01 or 02 Deputy Heads, and other members living in the building, decided by the apartment building Conference.

In  case  the  investor  still  owns  area  in  the  building,  the  representative  appointed  by  the  investor  may  be  elected  by  the  apartment building meeting  as  the  Head  of  the  Management  Board;  if  not  elected,  the  investor’s  representative  shall  be  appointed  as  the  Deputy  Head  without  voting;  if  the  investor  does  not  appoint  a  representative  to  the  Management  Board,  the  apartment building meeting  shall  elect  one  of  the  owners  of  the  building  as  the  Deputy  Head  to  replace  the  investor’s  Deputy  Head.

+ The Management Board of a apartment building complex includes 01 Head; each building in the complex holds a meeting to appoint 01 or 02 representatives as Deputy Heads, and other members as decided by the apartment building Complex Conference.

In  case  the  investor  still  owns  area  in  the  complex,  the  representative  of  the  investor  may  be  elected  by  the  apartment building  Complex  Conference  as  the  Head  of  the  Management  Board.  Each  building  in  the  complex  where  the  investor  still  owns  area,  the  investor  shall  appoint  a  representative  to  participate  as  a  Deputy  Head  of  the  complex's  Management  Board,  except  where  the  representative  of  the  investor  in  that  building  is  elected  as  the  Head  of  the  Management  Board  of  the  apartment building  complex.

- The composition of the Management Board of buildings, apartment building complexes with a single owner includes 01 Head, 01 or 02 Deputy Heads, and other members as decided by the building or apartment building complex conference.

Requirements for Members of the administration board of apartment building in Vietnam

Article 20 of the Regulation issued together with Circular 05/2024/TT-BXD outlines the requirements for members of the administration board of apartment building as follows:

(1) For a apartment building with multiple owners and with 20 apartments or more, a management board must be established; the management board members include representatives of the owners, users of the apartment building if the owners do not attend, and the investor of the housing construction project who still owns area in the apartment building, except where the investor does not appoint a representative to the management board.

For a apartment building with a single owner, the management board members are the representative of the owner and the users of the apartment building.

(2) After being recognized by the competent authority as specified in Article 23 of the Regulation issued together with Circular 05/2024/TT-BXD, within 03 months from the recognition date, the management board members must participate in a training course to enhance knowledge and skills in apartment building operation management and obtain a Certificate of Completion of the training course as per the law on housing.

(3) It is encouraged for experienced individuals with knowledge in construction, architecture, finance, law, fire prevention, and firefighting to participate in the Management Board. In case a management board member is a foreigner, they must be proficient in Vietnamese during the execution of management board duties.

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