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 ConstructionEffective date:
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Official number:06/2019/TT-BXDSigner:Nguyen Van Sinh
Type:CircularExpiry date:Updating
Issuing date:31/10/2019Effect status:
Known

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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 OF CONSTRUCTION

 

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.

 

[1] Công Báo Nos 905-906 (20/11/2019)

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