Circular No. 06/2019/TT-BXD dated October 31, 2019 of the Ministry of Construction on amending and supplementing a number of articles of the circulars concerning management and use of condominiums

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Circular No. 06/2019/TT-BXD dated October 31, 2019 of the Ministry of Construction on amending and supplementing a number of articles of the circulars concerning management and use of condominiums
Issuing body: Ministry of Construction Effective date:
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Official number: 06/2019/TT-BXD Signer: Nguyen Van Sinh
Type: Circular Expiry date: Updating
Issuing date: 31/10/2019 Effect status:
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Fields: Construction , Land - Housing

SUMMARY

From 2020, 1m2 of the privately-owned apartments is equal to 1 vote at apartment building meeting

This new content is prescribed in the Circular No. 06/2019/TT-BXD dated October 31, 2019 of the Ministry of Construction on amending and supplementing some articles of Circulars on management and use of apartment buildings.

According to the Circular No. 02/2016/TT-BXD, rights to vote at apartment block and apartment complex meetings are based on number of the flat; each flat equivalent to 01 vote.

However, this provision is amended in this Circular. Accordingly, rights to vote at apartment block and apartment complex meetings are based on the areas of the privately-owned apartments and other areas of the apartment building, in which 1m2 is in proportion to 01 vote.

Moreover, this Circular also issues additional provision that allow owners of apartments or other areas of the apartment building may authorize other owners in the apartment building or the occupants to attend the meeting and vote on behalf of the owners.

As previous provision in the former Circular, decisions on maintenance of commonly-owned areas made by the Management Board of the apartment block should be voted in favor by 100% of the Management Board’s members, except for others absence because of force majeure reasons. Then in this new Circular, decisions on maintenance of commonly-owned areas made by the Management Board of the apartment block should be voted in favor by at least 75% of the Management Board’s members.

This Circular takes effect on January 01, 2020.

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Effect status: Known

THE MINISTRY OFCONSTRUCTION

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 06/2019/TT-BXD

 

Hanoi, October 31, 2019

 

CIRCULAR

Amending and supplementing a number of articles of the circulars concerning management and use of condominiums[1]

 

Pursuant to the November 25, 2014 Housing Law;

Pursuant to the Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 99/2015/ND-CP of October 20, 2015, detailing and guiding the implementation of a number of articles of the Housing Law;

At the proposal of the Director of the Housing and Real Estate Market Management Agency;

The Minister of Construction promulgates the Circular amending and supplementing a number of articles of the circulars concerning management and use of condominiums as follows:

 

Article 1.To amend and supplement a number of articles of the Regulation on management and use of condominiums promulgated together with Circular No. 02/2016/TT-BXD of February 15, 2016, as follows:

1. To amend and supplement Clause 1, Article 1 as follows:

“1. This Regulation applies to residential-use condominiums and mixed-use condominiums used for residential and other purposes (consisting of residential-use apartments, tourist accommodation establishments, service and trade buildings, office buildings and other buildings) as prescribed in Housing Law No. 65/2014/QH13 (below referred to as the Housing Law), including:

a/ Commercial condominiums;

b/ Social condominiums, except those prescribed in Clause 2 of this Article;

c/ Condominiums serving resettlement work;

d/ State-owned old condominiums which have been renovated or rebuilt;

dd/ Condominiums used as official-duty houses.”

2. To amend and supplement Clause 2, Article 4 as follows:

“2. Condominiums shall be managed and used on the basis of voluntary commitments and agreements between involved parties which, however, must not be contrary to the housing law, relevant laws and social ethics.”

3. To add the following Clause 8 to Article 4:

“8. To encourage project owners, Boards of Directors, operation management units, and owners and users of condominiums to apply scientific and technological advances and information technology in the process of condominium management, use and operation.”

4. To amend and supplement Article 5 as follows:

“Article 5. Making, handover and archive of condominium dossiers

1. Condominium owners shall make and achieve housing dossiers in accordance with Articles 76 and 77 of the Housing Law.

2. Project owners shall make condominium dossiers in accordance with the construction law. For condominiums without dossiers, it is required to make as-built dossiers in accordance with law.

3. The archive and handover of the dossier of a condominium must comply with the following regulations:

a/ The project owner shall archive dossiers under Clause 2 of this Article; within 20 working days after the Board of Directors or the representative in charge of condominium management (in case the condominium is not required to form a Board of Directors) makes a request for handover of the condominium dossier, the project owner shall hand over to the latter 2 sets of the dossier copied from the original, each comprising:

- As-built drawings (enclosed with a list of drawings) in accordance with the construction law.

- Records of equipment installed in the condominium, made by the manufacturers.

- The condominium operation and exploitation process; condominium maintenance process.

- A notice of approval of the acceptance test of each work item and the condominium, made by specialized construction agencies in accordance with the construction law.

- Plans of parking areas drawn by the project owner on the basis of the project dossier and designs approved by competent agencies, clearly delimiting the parking areas reserved for condominium owners and users (including parking lots under common ownership and car parking areas) and public parking areas;

b/ After receiving the condominium dossier prescribed at Point a of this Clause from the project owner, the Board of Directors of the condominium shall archive and manage such dossier at the condominium’s public hall or its office (if any) or another place agreed at the condominium meeting. In case the condominium is required to have an operation management unit as prescribed in the Housing Law, the condominium’s Board of Directors shall provide a dossier set received from the project owner to the operation management unit, except cases in which the operation management unit is the project owner.

When the operation management unit no longer conducts the condominium operation management, it shall return the dossier to the condominium’s Board of Directors;

c/ Past the time limit prescribed at Point a of this Clause, if the project owner fails to hand over the condominium dossier to the Board of Directors, the Board of Directors shall send a petition to the People’s Committee of the district, town or provincial city where exists the condominium (below referred to as the district-level People’s Committee) for the latter to request the project owner to hand over the dossier.

Within 5 working days after receiving the petition of the condominium’s Board of Directors, the district-level People’s Committee shall conduct inspection and, if the project owner has not yet handed over the condominium dossier as prescribed, it shall request in writing the project owner to hand over the dossier. Within 10 working days after receiving the request of the district-level People’s Committee, if the project owner still fails to hand over the dossier, it shall be handled in accordance with the law on sanctioning of administrative procedures in housing management and use and forced to hand over the condominium dossier to the Board of Directors;

d/ In case the project owner hands over the condominium dossier according to regulations but the Board of Directors refuses to receive it, within 10 working days from the date of handover, the project owner shall report on such refusal to the district-level People’s Committee of the locality where exists the condominium and propose the latter to receive the dossier. The Board of Directors shall take responsibility for issues arising due to its refusal to receive the condominium dossier in accordance with law.

4. Before handing over the condominium dossier, the project owner and condominium’s Board of Directors or the representative in charge of condominium management shall check and enumerate equipment and delimit the actual areas under common ownership of the condominium in accordance with the Housing Law. The handover of the condominium dossier and the condominium in status quo must be recorded in a minutes certified by involved parties. In case it is impossible to check and enumerate equipment and delimit the areas under common ownership, the project owner and Board of Directors shall make a record to acknowledge the actual state of equipment and the situation of management and use of the condominium’s areas under common ownership.”

5. To amend and supplement Article 13 as follows:

“Article 13. First meetings of condominiums

1. The conditions for holding first meetings of condominiums are prescribed as follows:

a/ For a condominium building, the first meeting must be held within 12 months after such condominium is put into use with at least 50% of its apartments having been handed over to purchasers or hire-purchasers (excluding the quantity of apartments retained by the project owner which are not yet sold or put for lease-purchase). Past the time limit prescribed at this Point, if the percentage of apartments in the condominium having been handed over to purchasers or hire-purchasers is still less than 50%, the meeting shall be held after 50% or more of apartments are handed over;

b/ For a condominium complex, the first meeting shall be held when at least 50% of apartments in each condominium building of the complex have been handed over to purchasers or hire-purchasers (excluding the quantity of apartments retained by the project owner which are not yet sold or put for lease-purchase) and at least 50% of representatives of apartment owners in each building who have received their apartments agree to consolidate the building into the condominium complex.

2. The conditions on the number of participants in first meetings of a condominium are prescribed as follows:

a/ For a condominium building, the first meeting must be attended by at least 50% of representatives of apartment owners who have received their apartments from the project owner. In case of failure to reach the above-said percentage, within 7 working days after the date of holding the meeting as stated in the meeting invitation letter, the project owner or representatives of apartment owners shall send a request to the People’s Committee of the commune, ward or township where exists the condominium (below referred to as the commune-level People’s Committee) for the latter to hold the first meeting of the condominium;

b/ For the first meeting of a condominium complex, it is required to meet the requirement on the percentage of apartment owners in each building who have agreed to consolidate their building into the complex attending the meeting prescribed at Point b, Clause 1 of this Article. In case of failure to reach the prescribed percentage, within 7 working days after the date of holding the meeting as stated in the meeting invitation letter, the project owner or representatives of apartment owners shall send a request to the commune-level People’s Committee of the locality where exists the complex for the latter hold the first meeting, except cases in which each building in the complex holds a separate meeting under Point a of this Clause.

3. The project owner (for condominiums with multiple owners) or condominium owner (for condominiums with single owner) shall prepare the meeting agenda, notify the time and venue of the meeting to, and hold an official meeting of the condominium for the condominium owners and users. The project owner or condominium owner may hold a preparatory meeting to discuss the agenda of the official meeting. Tasks to be performed to prepare for the first meeting include:

a/ To check and determine the capacity to represent apartment owners of those who attend the meeting; those who are authorized must have a letter of authorization with the following contents: full names and telephone numbers (if any) of the authorizer and authorizee, address of the apartment or other areas in the condominium of the authorizer, contents of authorization concerning the condominium meeting, rights and responsibilities of the authorizer and authorizee, and signatures of the authorizer and authorizee;

b/ To prepare a draft regulation of the condominium meeting;

c/ To propose amendments and supplements to the internal rules on management and use of the condominium (if any);

d/ To work out a draft regulation on election of the condominium’s Board of Directors and propose the name of the Board of Directors under Point a, Clause 1, Article 23 of this Regulation, and propose the list and number of members of the Board of Directors, persons expected to be the head and deputy head(s) of the Board of Directors (if the condominium is required to have a Board of Directors); and tentative plan on provision of further training in condominium operation management knowledge to members of the Board of Directors;

dd/ For condominiums with multiple owners, it is required to make some more preparatory jobs, including: proposing the condominium operation management service charge rates; drafting a plan on maintenance of the condominium’s areas under common ownership; recommending an operation management unit, in case the condominium is required to have an operation management unit but the project owner does not have the function or is incapable of performing condominium operation management or has the function and is capable of performing condominium operation management but neither performs nor authorizes others to perform condominium operation management; or proposing the model of operation of the Board of Directors and drafting an operation regulation and a regulation on revenues and expenditures of the Board of Directors, in case the condominium is required to have a Board of Directors,

e/ To notify charge rates for use of swimming pools, gyms, tennis courts, spas, and supermarkets, and other services (if any);

g/ To make other recommendations related to the management and use of the condominium that need to be reported at the first meeting of the condominium.

4. The first meeting of the condominium shall decide on:

a/ The Regulation on meetings of the condominium (including the first meeting, annual meetings and extraordinary meetings);

b/ The Regulation on election on the condominium’s Board of Directors; name of the Board of Directors; number of and list of members of the Board of Directors; head and deputy head(s) of the Board of Directors (if the condominium has a Board of Directors); and the plan on provision of further training in condominium operation management knowledge for members of the Board of Directors;

c/ Amendments and supplements to the internal rules on condominium management and use (if any);

d/ The contents prescribed at Point dd, Clause 3 of this Article; particularly, the condominium operation management service charge rates shall be decided by the condominium meeting on the basis of this Regulation and agreement with the condominium operation management unit;

dd/ Funds to be paid by apartment owners and users during the process of using the condominium;

e/ Other related contents.

5. The commune-level People’s Committee shall organize the first meeting of a condominium in one of the following cases:

a/ The condominium has been put into use for more than 12 months and 50% or more of the apartments in the condominium have been handed over to owners under Point a, Clause 1 of this Article but the project owner still fails to hold a condominium meeting and representatives of apartments owners who have received their apartments file a petition requesting the commune-level People’s Committee to hold the meeting;

b/ The number of participants in the first meeting is not sufficient as required in Clause 2 of this Article;

c/ The project owner terminates operation due to it is dissolved or goes bankrupt in accordance with law.

In case the commune-level People’s Committee holds the first meeting of the condominium, funds for holding the meeting shall be contributed by condominium owners and users.

6. Within 30 working days after receiving the petition from the representatives of apartment owners or the request of the project owner as prescribed in Clause 5 of this Article, the commune-level People’s Committee shall hold the first meeting of the condominium. The result of the first meeting held by the commune-level People’s Committee shall be as valid to condominium owners and users as that of the meeting held by the project owner.”

6. To amend and supplement Article 16 as follows:

“Article 16. Participants in and voting at condominium meetings

1. For a condominium building or condominium complex with single owner, participants in condominium meetings include the owner’s representative, condominium users, and guests being representatives of the commune-level People’s Committee of the locality where exists the condominium building or condominium complex.

2. For a condominium building or condominium complex with multiple owners, participants in condominium meetings are prescribed as follows:

a/ Participants in the first meeting include the project owner’s representative, representatives of apartment owners who have received their apartments, representative of the condominium operation management unit (if any), and  guests being representatives of the commune-level People’s Committee of the locality where exists the condominium building or condominium complex;

b/ Participants in extraordinary meetings and annual meetings include representatives of apartment owners who have received their apartments, the project owner’s representative (if there remain areas under the ownership of the project owner in the condominium building or condominium complex), representatives of the condominium operation management unit (if the condominium has to hire an operation management unit), and guests being representatives of the commune-level People’s Committee of the locality where exists the condominium building or condominium complex.

3. The voting right of the owner of an apartment or another area in a condominium building or condominium complex at meetings of such condominium building or condominium complex shall be calculated based on the area under his/her private ownership on the principle that 1m2of the area under private ownership is equivalent to 1 vote.

4. Apartment owners or owners of other areas in the condominium may authorize other owners or users to attend meetings and vote on their behalf.

For state-owned apartments (including apartments without users and apartments with users), the owner-representing agency shall attend meetings and perform the voting right. In case the owner-representing agency authorizes apartment users to attend a meeting, each apartment user shall attend the meeting and perform the voting right with regard to the area of the apartment he/she is using.

5. All decisions of meetings of condominium buildings or condominium complexes shall be approved by the rule of majority through showing hands or casting ballots; contents of meetings must be recorded in minutes signed by members of the presidiums and secretariats of the meetings.”

7. To amend and supplement Clause 5, Article 17 as follows:

“5. Members of the condominium’s Board of Directors shall perform tasks assigned to them in the operation regulation of the Board of Directors approved by the condominium meetings.”

8. To amend and supplement Clause 7, Article 17 as follows:

“7. Remunerations of members of the Board of Directors of a condominium shall be contributed by apartment owners and users under decisions of the condominium meeting. The condominium meeting may refer to the region-based minimum wage level prescribed by the State to consider and decide on a remuneration level corresponding to the responsibilities and obligations of each member of the Board of Directors on the basis of practical conditions of each condominium building or condominium complex and locality, except cases in which members of the Board of Directors refuse to receive remunerations.

In case the condominium has an operation management unit in accordance with the Housing Law and this Regulation, condominium owners and users shall make contributions via such unit for payment of remunerations to members of the Board of Directors; it is not required to account such money amounts as turnover of the operation management unit. In case the condominium has no operation management unit in accordance with the Housing Law and this Regulation, the Board of Directors shall collect contributions and pay remunerations to its members.”

9. To amend and supplement Clause 2, Article 19 as follows:

“2. To encourage members of the Board of Directors to participate in further training classes on condominium operation management organized by establishments qualified for providing training and further training in condominium operation management recognized by the Ministry of Construction according to regulations.”

10. To amend and supplement Clause 2, Article 22 as follows:

“2. Within 7 working days after receiving a complete dossier of request of the condominium’s Board of Directors, the district-level People’s Committee shall examine the dossier and issue a decision to recognize the condominium’s Board of Directors or authorize the commune-level People’s Committee of the locality where exists the condominium to do so.”

11. To add the following Point e to Clause 3, Article 22:

“e/ To replace the previous recognition decision (if any).”

12.To amend and supplement Clause 4, Article 22 as follows:

”4. After obtaining a decision on recognition of the Board of Directors issued by the district- or commune-level People’s Committee, the recognized Board of Directors shall open a bank account serving operation of the Board of Directors. For condominiums with multiple owners, the Board of Directors shall open a bank account to manage funds for maintenance of the areas under common ownership in accordance with the housing law and this Regulation and register its seal in accordance with the law on registration and management of seals (the name of the Board of Directors engraved on the seal must be identical with the name of the recognized Board of Directors), except cases in which the Board of Directors has had a seal and opened bank accounts according to regulations.”

13. To supplement Clause 5, Article 22 as follows:

“5. The Board of Directors of a condominium with single owner may operate after it is recognized by the district- or commune-level People’s Committee. The Board of Directors of a condominium with multiple owners may operate after registering its seal in accordance with law and opening bank accounts under this Regulation.

In case the Board of Directors of a condominium with multiple owners has had its seal and opened bank accounts according to regulations and does not fall into cases subject to renaming, it shall send to the credit institution where it has opened accounts a notice, enclosed with a certified copy of the decision recognizing the Board of Directors, so as to conduct transactions with the credit institution according to regulations.”

14. To amend and supplement Point a, Clause 2, Article 24 as follows:

“a/ The operational model of the Board of Directors; the relations among members of the Board of Directors, and between the Board of Directors and the commune-level  People’s Committee of the locality where exists the condominium and related agencies and organizations in the process of management, use and operation of the condominium.”

15. To amend Clause 2, Article 25 as follows:

“2. For a condominium with multiple owners, the following proposals shall be passed when approved by at least 50% of the total members of the condominium’s Board of Directors:

a/ Proposal on change of the condominium operation management unit;

b/ Decision on selection of units conducting the maintenance;

c/ Proposal on change of condominium operation management service charge rates;

d/ Proposals and requests of the Board of Directors to the project owner in the process of condominium management and use;

dd/ Other cases as decided by the condominium meetings.”

16. To amend Clause 3, Article 25 as follows:

“3. The voting on decisions on expenditures for maintenance of the areas under common ownership in a condominium with multiple owners shall be conducted as follows:

a/ In case the Board of Directors of a condominium building decides on the maintenance of the areas under common ownership of the building, such decision must be agreed by at least 75% of the members of the Board of Directors;

b/ In case the Board of Directors of a condominium complex decides on the maintenance of the areas under common ownership of the complex, such decision must be agreed by at least 75% of the members of the Board of Directors of the complex; in case of conducting the maintenance of only the areas under common ownership of one building or several buildings of the complex, such decision must be agreed by at least 75% of the members of the Board of Directors representing that building or those buildings.”

17. To amend and supplement Point c, Clause 2, Article 36 as follows:

“c/ For a residential-use condominium, a member of the Board of Directors may act as the holder or more than one member of the Board of Director may act as co-holders of the bank account opened to deposit maintenance funds.

For mixed-use condominiums, at least 3 members of the Board of Directors shall act as the co-holder of the bank account opened to deposit maintenance funds; the maximum number of co-holders shall be decided by the condominium meeting, including at least 1 person representing apartment owners, 1 person representing owners of other areas (if any), 1 person representing the project owner (if any) and other members decided by the condominium meeting (if any).

The term of deposits and co-holding of bank accounts opened to deposit maintenance funds prescribed in this Clause shall be prescribed in the Regulation on revenues and expenditures of the Board of Directors approved by the condominium meeting.”

18. To amend and supplement Point b, Clause 4, Article 36 as follows:

“b/ The project owner shall transfer the amount of maintenance funds payable for the office, service and trade areas according to the rate agreed with the apartment purchasers, lease-purchasers under contracts on purchase and sale or lease-purchase apartments under Clause 5, Article 108 of the Housing Law to the bank account opened by the Board of Directors under Point a, Clause 3 of this Article serving the management and maintenance of the areas under common ownership; the project owner shall manage and use the remainder according to Point c, Clause 3 of this Article.

Involved parties may agree on the rate of contributions of maintenance funds in a percentage (%) corresponding the proportion of the floor area of each functional zone in the condominium to the total floor area of such condominium.”

19. To supplement Clause 2, Article 37 as follows:

“2. The Board of Directors shall make public at condominium meetings information on the maintenance funds deposit account already opened and may not change such account, and publicize information on expenditures from the maintenance funds on the condominium’s information board (if any) once every 6 months. The use of the funds for maintenance of the areas under common ownership must comply with the Housing Law and this Regulation and be monitored and managed with books, documents and invoices.”

20. To amend and supplement Point k, Clause 1, Article 41 as follows:

“k/ The Board of Directors shall coordinate with the commune-level People’s Committee of the locality where exists the condominium in exercising their rights and discharging their responsibilities concerning the management, use and operation of the condominium in accordance with the Housing Law and this Regulation; abide by settlement and handling decisions of competent state agencies and exercise other rights and discharge other responsibilities in accordance with law.”

21. To supplement Clause 5, Article 45 as follows:

“5. From the effective date of this Circular, if project owners have not yet handed over condominium dossiers, such dossiers must comprise the documents prescribed at Point a, Clause 3, Article 5 of this Regulation.”

22. To supplement Clause 2, Article 48 as follows:

“2. To decide to recognize, or authorize the commune-level People’s Committee of the locality where exists the condominium to recognize, the Board of Directors of the condominium under this Regulation; to receive condominium dossiers according to Point d, Clause 3, Article 5 of this Regulation.”

23. To supplement Clause 2, Article 49 as follows:

“2. To coordinate with Boards of Directors of condominiums in their localities; monitor, inspect, and handle problems arising in the course of management and use of condominiums according to their competence or report them to district-level People’s Committees for consideration and settlement.”

24. To supplement Clause 4, Article 49 as follows:

“4. To organize condominium meetings and attend condominium meetings according to this Regulation; to recognize Boards of Directors of condominiums under authorization of district-level People’s Committees.”

25.To replace the phrase “urban district-level People’s Committees” at Point c, Clause 4, Article 21; Clause 1, Article 22; and Article 48 with the phrase “rural district-level People’s Committees”, and the phrase “ward-level People’s Committees” in Clauses 5 and 6, Article 14; Clause 5, Article 15; Point b, Clause 1, Article 39; and Article 49 with the phrase “commune-level People’s Committee.”

Article 2.To amend and supplement a number of contents of Article 3 of Circular No. 28/2016/TT-BXD of December 15, 2016, amending and supplementing a number of provisions of Circular No. 10/2015/TT-BXD of December 30, 2015, on the provision of training and further training in condominium management and use, Circular No. 11/2015/TT-BXD of December 30, 2015, providing the grant of real estate broker’s practice certificates; guiding the provision of training and further training in real estate brokerage and real estate trading floor administration, and some provisions of the Regulation on condominium management and use issued together with the Minister of Construction’s Circular No. 02/2016/TT-BXD of February 15, 2016, as follows:

1. To amend and supplement Clause 1 as follows:

“2. Condominium building means an independent block or several blocks sharing a structure or technical system which is built under relevant master plans and has its project dossier approved by a competent authority.

3. Condominium complex means the combination of 2 or more condominium buildings which is built under relevant master plans and has its project dossier approved by a competent authority.”

2. To amend Clause 3 as follows:

“c/ The project owner has terminated operation due to dissolution or bankruptcy.”

3. To supplement Clause 6 as follows:

“1. For a condominium with multiple owners, members of the Board of Directors must be those who own and are currently using apartments in such condominium; those who are not owners but currently using apartments or other areas in such condominium and authorized by owners of apartments or other areas to attend condominium meetings may be elected members of the Board of Directors. Those who have experiences and knowledge in architecture, construction, electrics, electronics, fire prevention and fighting, finance or law are encouraged to participate in Boards of Directors of condominiums.

For a condominium with single owner, members of the Board of Directors include the owner’s representative and users of the condominium.

4. To amend and supplement Clause 7 as follows:

“1. The number of members of the Board of Directors of a condominium building or condominium complex shall be decided by the condominium meeting on the following principles:

a/ For a condominium building with only one independent block, the Board of Directors will have at least 3 members; for a condominium building with more than one block prescribed in Clause 2, Article 3 of this Regulation, each block will have at least 1 member in the Board of Directors;

b/ For a condominium complex, the Board of Directors will have at least 6 members.”

5. To amend and supplement Clause 8 as follows:

“Article 27. Condominium operation management units

1. The operation management unit of a condominium may be the project owner or another unit meeting the conditions on functions and capacity prescribed in Clause 2, Article 105 of this Housing Law.

2. Pending the holding of the first meeting of the condominium, the project owner shall manage the operation of the condominium. In case the condominium has elevators but the project owner does not meet the conditions on functions and capacity prescribed in Clause 2, Article 105 of this Housing Law, it shall hire a unit meeting these conditions to perform the operation management.

3. After the first meeting of the condominium is held, the selection of an operation management unit for the condominium shall be conducted as follows:

a/ In case the condominium has no elevator, the condominium meeting may decide to conduct the condominium operation management in the form of self-management or hire a unit meeting the prescribed conditions on functions and capacity to perform the operation management;

b/ In case the condominium has elevators and the project owner meets the conditions on functions and capacity prescribed in Clause 2, Article 105 of the Housing Law and wishes to conduct the condominium operation management, the Board of Directors shall negotiate and sign with the project owner a contract on provision of condominium operation management services;

c/ In case the condominium has elevators but the project owner does not meet the  conditions on functions or capacity prescribed in Clause 2, Article 105 of the Housing Law or meets these conditions but does not want to provide condominium operation management services or the project owner provides condominium operation management services but does not meet the requirements agreed in the service contract, the condominium meeting shall decide to select another unit meeting the prescribed conditions on functions and capacity to provide such services.

4. Each condominium building will have only 1 operation management unit to manage the operation of the areas under common ownership. A condominium complex may have 1 common operation management unit or more than one unit each managing the operation of a building as decided by the condominium complex’s meeting. In case each building in the complex has 1 operation management unit, the Board of Directors of the complex shall reach agreement with these operation management units on the management of the operation of works and technical systems commonly used by the complex.

5. Condominium operation management units may sign contracts to outsource the condominium operation management to other service providers but shall take responsibility for the quality of services under the contracts signed with the Board of Directors.”

6. To amend Clause 9 as follows:

“Article 28. Disclosure of information on condominium operation management units

1. In case a condominium operation management unit wishes to have its information published on the portal of the Construction Department of the locality where it is headquartered or of the Housing and Real Estate Management Agency, it shall send to-be-published information (name of the unit, full name of the at-law representative, address and telephone number) to the Construction Department of the locality where it is headquartered or the Housing and Real Estate Management Agency.

2. When changing one of the information items prescribed in Clause 1 of this Circular or terminating operation, being dissolved or going bankrupt, the condominium operation management unit shall send a notice to the Construction Department of the locality where it is headquartered or the Housing and Real Estate Management Agency for the latter to modify or delete relevant information.

3. In case the agency having published the information or a competent agency, through inspection or examination, detects that a condominium operation management unit has terminated operation or been dissolved or gone bankrupt or no longer meets the conditions for provision of condominium operation management services according to regulations, information on such unit shall be deleted.

7.To annul Clause 4.

Article 3.Implementation provisions

1. This Circular takes effect on January 1, 2020.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Construction for guidance or amendment or supplementation as appropriate.-

For the Minister of Construction
Deputy Minister
NGUYEN VAN SINH

 



[1]Công Báo Nos 905-906 (20/11/2019)

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