Circular No. 28/2016/TT-BXD dated December 15, 2016, amendments to the Circular No. 10/2015/TT-BXD providing regulations on professional training courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD providing regulations on issuance of real estate broker license; guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor; establishment and organization of activities of the real estate trading floor, and a number of regulations on management and use of apartment buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by the Ministry of Construction

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Circular No. 28/2016/TT-BXD dated December 15, 2016, amendments to the Circular No. 10/2015/TT-BXD providing regulations on professional training courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD providing regulations on issuance of real estate broker license; guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor; establishment and organization of activities of the real estate trading floor, and a number of regulations on management and use of apartment buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by the Ministry of Construction
Issuing body: Ministry of ConstructionEffective date:
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Official number:28/2016/TT-BXDSigner:Do Duc Duy
Type:CircularExpiry date:Updating
Issuing date:15/12/2016Effect status:
Known

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Fields:Construction , Education - Training - Vocational training

SUMMARY

To change the principles of the management board of a apartment building

 

On December 15, 2016, the Ministry of Construction issued the Circular No. 28/2016/TT-BXD on amending the Circular No. 10/2015/TT-BXD providing regulations on professional training courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD providing regulations on issuance of real estate broker license; guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor; establishment and organization of activities of the real estate trading floor, and a number of regulations on management and use of apartment buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016.

Within that, the number of members of the management board of an apartment building or apartment complex shall be decided according to the principles as the management board of an apartment building comprising the only block of apartments must be comprised of at least 03 members. If a building's blocks share the same podium, at least 01 member of the management board shall be assigned to each block; the management board of an apartment complex must be comprised of at least 06 members.

Also in accordance with this Circular, each owner of apartment unit or other area in the apartment building has the right to authorize the only person who is using that apartment or the other area in the apartment building to attend the apartment building meeting.

Another important contents is the guidelines on lecturers, training facilities and framework program for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor. A lecturer of the training course in knowledge of real estate brokerage practice and management of the real estate trading floor must possess bachelor's degree or higher in a major corresponding to the teaching contents and have at least 05 years of experience in state management, scientific research or training in the field of real estate or trading in real estate.

This Circular takes effect on February 01, 2017.
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Effect status: Known

THE MINISTRY OF CONSTRUCTION

Circular No.  28/2016/TT-BXD dated December 15, 2016, amendments to the Circular No. 10/2015/TT-BXD providing regulations on professional training courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD providing regulations on issuance of real estate broker license; guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor; establishment and organization of activities of the real estate trading floor, and a number of regulations on management and use of apartment buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by the Ministry of Construction
Pursuant to the Law on Housing dated November 25, 2014;
Pursuant to the Law on real estate trading dated November 25, 2014;
Pursuant to the Government's Decree No. 62/2013/ND-CP dated June 25, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No. 79/2016/ND-CP dated July 01, 2016 providing for conditions for training business in specialist knowledge, professional competence in management and operation of apartment buildings, knowledge of real estate brokerage practicing, and real estate transaction management;  
At the request of the Director General of the Housing and Real Estate Market Management Agency;
Minister of Construction promulgates a Circular on amending the Circular No.10/2015/TT-BXD dated December 30, 2015 by Ministry of Construction providing regulations on professional training courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD dated December 30, 2015 by Ministry of Construction providing regulations on issuance of real estate broker license, guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor, and establishment and organization of activities of the real estate trading floor, and a number of regulations on management and use of apartment buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by Ministry of Construction.   
Article 1. To amend the Circular No.10/2015/TT-BXD dated December 30, 2015 by Ministry of Construction providing regulations on professional training courses in management of apartment buildings
1. To amend to Article 5:
“Article 5. Application for recognition of training institution
An application for recognition of the training institution as qualified for provision of training courses in management of apartment buildings includes:
1. The application form to the Ministry of Construction for recognition of the training institution’s eligibility for provision of training courses in management of apartment buildings using the form stated in the Appendix 01 to this Circular.
2. The copy accompanied with the original for checking or the certified copy of the business registration certificate or the enterprise registration certificate or the decision of establishment of the training institution as regulated by Clause 1 Article 3 of the Government’s Decree No. 79/2016/ND-CP dated July 01, 2016 providing for conditions for training business in specialist knowledge, professional competence in management and operation of apartment buildings, knowledge of real estate brokerage practicing, and real estate transaction management (hereinafter referred to as the Decree No. 79/2016/ND-CP).
3. The certified copy of the document proving the ownership, the right to manage or use facilities, or the agreement on lease of facilities for theoretical training with the leasing duration of not less than 01 year, the contract or the written agreement on association for practicing at the apartment building which has been put into operation and are under the management of a qualified unit.
4. The syllabuses or teaching materials in conformity with the framework program as prescribed in Chapter III of this Circular.
5. The list of lecturers using the form stated in Appendix 02 to this Circular, enclosed with the document of each lecturer, consisting of:
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