Consolidated text 08/VBHN-BXD 2019 Regulation on management and use of condominiums

CIRCULAR

Promulgating the Regulation on management and use of condominiums

The Minister of Construction’s Circular No. 02/2016/TT-BXD dated February 15, 2016, promulgating the Regulation on management and use of condominiums which takes effect on April 02, 2016, is amended and supplemented by the following documents:

1. The Minister of Construction’s Circular No. 22/2016/TT-BXD dated July 01, 2016, on repealing a number of legal documents or articles on business investment conditions issued or join-issued by the Ministry of Construction.

2. The Minister of Construction’s Circular No. 28/2016/TT-BXD dated December 15, 2016, amending and supplementing a number of articles of the Ministry of Construction’s Circular No. 10/2015/TT-BXD dated December 30, 2015, providing regulations on professional training courses in management of condominiums, the Ministry of Construction’s Circular No. 11/2015/TT-BXD dated December 30, 2015, 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 condominiums promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by the Ministry of Construction.

3. The Minister of Construction’s Circular No. 06/2019/TT-BXD dated October 31, 2019, amending and supplementing a number of articles of the circulars concerning management and use of condominiums.

Pursuant to the Housing Law No. 65/2014/QH13;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013, regulating functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 99/2015/NDD-CP dated 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 Management Agency, the Minister of Construction hereby promulgates the Circular on the Regulation on management and use of condominiums [1].

Article 1. To issue together with this Circular the Regulation on management and use of condominiums.

Article 2[2]. This Circular takes effect on April 02, 2016. The following documents shall cease to be effective from the effective date of this Circular:

a) The Minister of Construction’s Decision No. 08/2008/QD-BXD dated May 28, on promulgating the Regulation on use management of condominiums;

b) The Minister of Construction’s Circular No. 05/2014/TT-BXD dated May 09, 2014, amending and supplementing Point a, Clause 2, Article 17 of the Regulation on use management of condominiums enclosed with the Minister of Construction’s Decision No. 08/2008/QD-BXD dated May 28, 2008.

In case regulations on management and use of condominiums promulgated before the effective date of this Circular by the Ministry of Construction, ministries, departments and People’s Committees of provinces and centrally-run cities are different from those provided in the Regulation on management and use of condominiums enclosed with this Circular, the latter shall prevail.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall be responsible for the implementation of this Circular./.

REGULATION

On management and use of condominiums
(Attached to the Minister of Construction’s Circular No. 02/2016/TT-BXD dated February 15, 2016)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1[3]. 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 the 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. It is encouraged to apply this Regulation to state-owned old condominiums which have not yet been renovated or rebuilt. Social condominiums only for many pupils, students and workers to live in a single room shall not be regulated by this Regulation.

Article 2. Subjects of application

1. Condominium construction project owners; condominium owners and users; Boards of Directors; condominium operation management units.

2. State administration agencies involved in the management and use of condominiums.

3. Other organizations and individuals involved in the management and use of condominiums.

Article 3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Condominium means a building as prescribed in Clause 3, Article 3 of the Housing Law.

2[4]. 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 agency.

3 [5]. 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 agency.

4. Residential-use condominiums refers to a condominium designed and constructed for residential purpose only.

5. Mixed-use condominium refers to a condominium designed and constructed for residential, office, service and commercial purposes.

6. Condominium construction project owner refers to a capital owner or organization, individual tasked with managing and using capital for the implementation of housing projects including condominium projects according to the Housing Law and relevant law provisions (hereinafter referred to as the project owner).

7. Condominium owners refer to owners of condominiums and owners of space other than condominiums within a condominium.

8. Condominium users refer to owners who are using a condominium themselves or organizations, households and individuals that are legally using condominiums and other space within the condominium through renting, borrowing, temporary occupations with friends or relatives, or being authorized by competent agencies.

9. Representatives of apartment owner or other space within a condominium refers to the representative of owner of each apartment, other space within a condominium or the legal user authorized by the owner in case the owner does not use the condominium (hereinafter referred to as the owner’s representative).

10. Condominium with single owner refers to a condominium completely owned by one single owner regardless of sections under private ownership or sections under common ownership.

11. Condominium with multiple owners refers to a condominium owned by at least two owners, including sections under private ownership, sections under common ownership and sections under common use.

12. Section under common ownership of a condominium refers to the area, equipment system, technical infrastructure as prescribed in Clause 2, Article 100 of the Housing Law that is shared by owners of such condominium building.

13. Section under common ownership of an apartment refers to the area, equipment system as prescribed at Point b, Clause 2, Article 100 of the Housing Law that is owned and used in common by owners of that condominium area.

14. Section under common ownership of an office, service and commercial area refers to the area, equipment system as prescribed at Point b, Clause 2, Article 100 of the Housing Law that is owned and used in common by owners of such functional area.

15. Section under common ownership of a condominium complex refers to the area, works, equipment system, technical infrastructure system that is owned and used in common by all owners of that condominium complex, including a cistern, power generator, septic tank, water pumps, public garden (if any) and other works and equipment constructed and installed according to approved designs.

Article 4. Principles for management and use of condominiums

1. A condominium should be used according to its uses, designs and contents of approved project.

2[6]. 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. Payment of fees for operation management of condominiums shall be carried out according to negotiations between condominium owners, users and operation management units on the basis of the Housing Law. Use of budget for operation management and maintenance of sections under common ownership of a condominium should serve primary purpose, be transparent and in accordance with the Housing Law and this Regulation; contribution of fees and charges during the use of condominium should be in compliance with law provisions.

4. Condominium owners, users should pay fees for maintenance and operation management of a condominium, fees for activities performed by the Board of Directors and other fees during the use of condominiums according to this Regulation and relevant law provisions; comply with regulations on management and use of condominiums, regulations of the Housing Law, this Regulation and relevant law provisions during the management and use of condominiums.

5. The Board of Directors shall exercise rights and responsibilities in relation to management and use of condominiums according to the Housing Law and this Regulation on behalf of condominium owners and users. In case a condominium does not require the establishment of the Board of Directors under the Housing Law, the condominium owners and users shall negotiate plans for management of the condominium.

6. Disputes, complaints in relation to management and use of condominiums shall be handled according to the Housing Law, this Regulation and relevant law provisions.

7. Any act of violating regulations on management and use of condominiums shall be handled in a timely and strict manner according to law provisions.

8. [7] Project owners, Boards of Directors, operation management units, and owners and users of condominiums are encouraged to apply scientific and technological advances and information technology in the condominium management, use and operation.

Chapter II

MANAGEMENT AND USE OF CONDOMINIUMS

Article 5. Making, handover and archive of condominium dossiers [8]

1. Condominium owners shall make and archive 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 archived 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: Dossier handed over to the Board of Directors include:

- 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 the 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 the 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.

Article 6. Management of sections under private ownership in a condominium with multiple owners

1. Privately owned area or equipment as prescribed in Clause 1, Article 100 of the Housing Law should be specified in condominium purchase and sale contract, condominium lease purchase contract or areas other than apartments in a condominium (hereinafter referred to as the purchase and lease purchase contract).

Apart from the purchase and lease purchase contract, the project owner should provide the drawings as prescribed at Point d, Clause 2, Article 5, this Regulation to purchasers, tenants.

2. If the purchase and lease purchase contract is signed before the effective date of this Regulation, the determination of privately owned area and equipment as well as provision of the drawings shall comply with the Housing Law at the time of signing or based on the purchase and lease purchase contract if not prescribed by laws.

3. Condominium owners may directly use or authorize others to manage their privately owned sections but should ensure that the use and management of such sections accord with approved designs and do not affect other sections under private ownership of other owners or sections under common ownership of the condominium.

Article 7. Management of sections under common ownership of condominiums with multiple owners

1. Commonly owned area or equipment system of the condominium is determined according to Clause 2, Article 100 of the Housing Law and should be specified in the purchase and lease purchase contract. The purchase and lease purchase contract should be accompanied by the list of common sections according to the Housing Law; such sections should be used purposefully according to the approved designs.

2. The project owners shall be responsible for management of the works designed for leisure activities of condominium owners, users that must be handed over to the State for management under the approved project; after handing over to the State, the unit assigned to manage by the State shall be responsible for the management, maintenance and use according to the approved design purposes and functions.

3. If these works are constructed for business by the project owners according to contents of the approved project, the project owners shall have the ownership thereto and be responsible for management and maintaining these works.

4. For sections under common ownership of residential-use condominiums, the owners thereto shall be responsible for managing such sections together. If a condominium requires the operation management unit, such sections shall be transferred to the operation management unit for management; if a condominium does not require the operation management unit, the Board of Directors or other management units shall be chosen for management by the meeting of condominium.

5. For sections under common ownership of mixed-use condominiums, the management shall be instructed as follows:

a) If the section under common ownership of the office, service and commercial areas and residential condominiums is undefinable, the owners thereto shall be responsible for managing such sections together; the management of such sections shall comply with Clause 4, this Article;

b)  If the sections under common ownership of the office, service and commercial areas and residential condominiums are separately definable, the common sections of the residential condominium shall be managed by owners of residential condominiums and the management of such common sections shall comply with Clause 4, this Article. For sections under common ownership of office, service and commercial areas, the operation management unit shall be responsible for managing such sections; if the condominium is not required to organize an operation management unit, the owners of these functional areas shall be responsible for managing.

For sections under common ownership of an entire condominium, all the condominium owners shall be responsible for managing such sections together; the management of such sections shall comply with Clause 4, this Article.

6. For community activity houses of the condominiums, owners or the Board of Directors (if any) or the condominium operation management unit shall be responsible for managing such houses according to decision given in the condominium meeting.

7. For sections under common ownership of a condominium complex, the Board of Directors shall be responsible for managing such sections on behalf of owners.

8. If the purchase and lease purchase contract is signed before the effective date of this Regulation, the determination of sections under common ownership of condominium shall comply with the Housing Law at the time of signing or based on the purchase and lease purchase contract if not prescribed by laws.

Article 8. Ownership and management of parking lot of condominiums

1. Parking lot of a condominium is constructed on the basis of construction standards, norms and approved designs. Parking lot may be located at basement floor or ground floor or in other areas inside or outside a condominium and should be specified in the purchase and lease purchase contract. Parking lot should be used purposefully according to contents of the approved project and provisions prescribed in Article 101 of the Housing Law.

2. For condominium with single owner, the parking lot shall belong to the ownership and management of the condominium owner but be used in accordance with contents of the approved project, the Housing Law and this Regulation. For a condominium that requires the operation management unit, the operation management unit shall manage this parking lot; for a condominium without an operation management unit, owners themselves or other units shall manage this parking lot.

3. Parking lots under common ownership as prescribed at Point a, Clause 1, Article 101 of the Housing Law shall be managed by the operation management unit or by the Board of Directors or other units on behalf of owners under decisions of the condominium meeting (in case the operation management unit is not required but the Board of Directors is required according to the Housing Law), or by owners themselves or other hired units (in case neither the operation management unit nor the Board of Directors is not required).

4. For auto parking lot for condominium owners as prescribed at Point b, Clause 1, Article 101 of the Housing Law, execute following provisions:

a) Persons who purchase or lease purchase an apartment or other space within the condominium (hereinafter referred to as the purchasers) shall decide to purchase or lease auto parking spaces for condominium owner according to the Housing Law.

If a condominium has sufficient auto parking spaces for all the apartments and the purchaser who wish to purchase or lease auto parking spaces in this parking lot, the project owners shall make arrangements but ensure that the number of parking spaces purchased or leased by each apartment owner or owner of other space within the condominium must not exceed the number of parking spaces designed for each apartment or a section under private ownership of a condominium under the approved project;

b) If a condominium has insufficient auto parking spaces for each apartment, the project owners shall make arrangements on the basis of negotiations among purchasers; if the purchasers cannot reach an agreement, the project owners shall handle by lottery for the purchasers to buy or rent the parking space;

c) The purchase or lease of auto parking spaces as prescribed at Points a and b, this Clause may be specified in the apartment purchase and lease purchase contract or in a separate contract; parking rent shall be paid in a monthly or periodical basis; the sum of money for purchase of parking space shall be paid once at a time or by installments as agreed by the parties. In case parking spaces are rented, obligations for paying fees for management and car keeping services shall be negotiated and agreed by the parties in the contract for parking rent; in case parking spaces are purchased, parking space purchasers shall pay fees for management and car keeping services according to laws and the agreement with service providers;

d) If a parking space purchaser needs to transfer or rent out this parking space, such transfer or rent out is only be made with owners or users of such condominium or with the project owners;

dd) If the purchasers do not purchase auto parking spaces as prescribed in this Clause, the parties should specify in the apartment purchase and lease purchase contract that this space belongs to the ownership and management of the project owner and the project owner shall not include expenses for investment and construction of this space in sale price, rents of the apartment; if the purchasers need to purchase or lease auto parking spaces, the project owner shall calculate sale price and rents of parking spaces independent of sale price, rents of the apartment.

e) The parking lot prescribed in this Clause shall be managed by the operation management unit, or by owners themselves or other units, in case the operation management unit is not required according to the Housing Law.

5. Management of public parking lot (parking lot designed for people other than condominium owners or users) is prescribed as follows:

a) If owners of the office, service or commercial functional area purchase the public parking lot from the project owners, the owners shall be responsible for management;

b) If the public parking lot belongs to ownership of the project owners, the project owners shall take the responsibility for management; if owners of the functional area lease the public parking lot from the project owners, the management of this parking lot shall be negotiated in the contract for parking rent;

c) If the public parking lot is managed by the State according to the approved project, the unit tasked with managing this parking lot by the State shall take the responsibility for management.

6. Organizations, individuals owning parking spaces as prescribed in Clauses 4 and 5 of this Article shall be responsible for paying fees for management and maintenance of these parking spaces; in case parking spaces are rent, obligations for maintenance of parking spaces shall be agreed in the contract for parking rent.

Article 9. Internal rules on condominium management and use

1[9]. All condominiums within the scope of application of this Regulation must have internal rules on condominium management and use with the contents specified in Clause 2 of this Article.  Project owners, meetings of condominiums shall base themselves on the form of the internal rules prescribed in this Regulation for construction reference and approve the internal rules to suit each condominium or condominium complex.

2. Main contents of the internal rules on condominium management and use:

a) Regulations applicable to owners, users, temporary residents, guests;

b) Prohibited acts in the use of condominiums and handling of violations;

c) Regulations on use of sections under common ownership of condominiums;

d) Regulations on repair of damage, changes of equipment in sections under private ownership and emergency responses;

dd) Regulations on fire and explosion prevention and fighting;

e) Regulations on public disclosure of information in relation to the use of condominium;

g) Regulations on obligations of condominium owners, users;

h) Other regulations depending on characteristics of each condominium.

3. If the first meeting of a condominium has not been held, the project owner shall be responsible for constructing internal rule on condominium management and use under Clauses 1, 2, this Article, attaching the apartment purchase and lease purchase contract and making public disclosure of these rules and regulations in community activity house, stair halls and reception area of the condominium.

4. When the first meeting of the condominium is held, amendments and supplements to the internal rules on condominium management and use established by the project owner shall be considered but not contrary to the Housing Law and this Regulation. After the first condominium meeting, the Board of Directors or representatives of condominium management shall be responsible for making public disclosure of these rules and regulations in community activity house, stair halls and reception area of the condominium.

Article 10. Condominium operation management

1. Activities of condominium operation management are as follows:

a) Control and maintain operation, carry out regular maintenance of lifts, water pumps, power generators, automatic fire alarm system, fire extinguishing system, firefighting instruments, back-up equipment and other equipment that belong to common sections of condominium, condominium complexes;

b) Provide services of security, environmental hygiene, waste collection, care for flower garden and ornamental plants, destruction of insecticides and other services to ensure normal operation of the condominium;

c) Other relevant works.

2. In case a condominium requires the operation management unit as prescribed at Point a, Clause 1, Article 105 of the Housing Law, all the tasks as prescribed in Clause 1, this Article shall be performed by the operation management unit; owners, users are not permitted to hire outside service providers. The operation management unit may enter a contract with service providers for the performance of condominium operation management yet shall take the responsibility as agreed in the contract signed with the Board of Directors.

Article 11. Condominium maintenance

1. Maintenance activities include quality inspection, monitoring and assessment, minor repairs, regular repairs and major repairs to construction work of condominium; inspection and maintenance of fire and explosion prevention and fighting system; replacement of spare parts or equipment commonly used in condominiums and complexes.

2. Condominium owners shall be responsible for carrying out maintenance of sections under private ownership and make financial contributions to the maintenance of sections under common ownership of condominium according to the Housing Law and this Regulation.

If any damage caused to sections under private ownership has negative effects on other owners, the owner of such damaged sections should carry out repairs to such damage; if the owner fails to carry out the repairs, the operation management unit or person tasked with managing the condominium has the right to temporarily suspend or request service providers to temporarily suspend supply of electricity, tap water to such sections; if some damage caused to sections under common ownership lies within the sections under private ownership, the owner of the sections under private ownership should create favorable conditions for the operation management unit, construction units to repair such damage.

3. Maintenance of condominium’s construction work shall be carried out by qualified units as prescribed in the Law on Construction. The maintenance of condominium’s equipment system shall be performed by qualified units in proportion to maintenance work. The operation management unit may be hired to carry out the maintenance work if qualified.

4. If the first condominium meeting has not yet been organized, the maintenance of sections under common ownership of condominium shall be carried out according to the maintenance procedures as prescribed at Points b and c, Clause 2, Article 5 and this Regulation.

5. If the first condominium meeting has been organized, the maintenance of sections under common ownership of condominium with multiple owners shall be carried out according to the maintenance procedures as prescribed at Points b and c, Clause 2, Article 5 and this Regulation and annual maintenance plan passed by the condominium meeting as prescribed in this Regulation; in case of extraordinary damage or damage caused by natural disasters, conflagration, the Board of Directors shall make decisions on maintenance according to this Regulation and relevant law provisions but a report should be given in nearest meetings.

6. The maintenance of sections under common ownership of condominium shall be carried out according to provisions set out in Section 4, Chapter III of this Regulation.

Chapter III

ORGANIZING THE MANAGEMENT AND USE OF CONDOMINIUMS

Section 1. MEETINGS OF CONDOMINIUMS

Article 12. Meetings of condominiums

1. For condominiums with single owner, the condominium meeting is the meeting attended by the owners’ representatives.

2. For condominiums with multiple owners, the condominium meeting is the meeting attended by the owners’ representatives or users if the owners does not attend (including the case where the apartment or other area in the condominium has been handed over but has not been fully paid to the project owner, except for the case of termination of the contract of sale and purchase of the apartment).

3. The condominium meeting may issue decisions on management and use of condominiums according to Article 102 of the Housing Law and this Regulation.

Article 13. First condominium meeting [10]

1. Requirements for organization of the first condominium meeting are 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 owners 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. Requirements for number of people attending the first meetings of condominium are 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 owners. 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 owners 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 owners (in case of condominium with multiple owners) or the owners (in case of condominium with single owner) shall be responsible for preparing contents of the meeting including time and venues and organizing official meeting attended by condominium owners and users. The project owner or condominium owners 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; heads and deputy heads 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 valid to condominium owners and users as that of the meeting held by the project owner.

Article 14. Extraordinary meetings of condominiums

1. Extraordinary meetings of condominiums shall be organized in one of the following cases:

a) Select replacements for heads or deputy heads who are dismissed, pass away, or missing; in case of replacement of deputy heads as the project owner's representatives, the project owner shall appoint others without organizing of extraordinary condominium meetings;

b) Dismiss all members of the Board of Directors and elect new one.

c) Select replacements for members of the Board of Directors who are dismissed, pass away or missing in case the collection of suggestions from owners fails to reach the unanimity as prescribed at Point b, Clause 3, Article 26 hereof or select replacements for members of the Board of Directors as prescribed in Point b, Clause 4, Article 26 hereof;

d) The Board of Directors requests changing the operation management unit or adjustments to service price;

dd) Other cases as requested by more than 50% of representatives of owners of delivered condominiums;

2. Conditions on the number of participants in extraordinary meetings of a condominium are prescribed as follows:

a) At least 50% of representatives of owners of delivered apartments with respect to meetings on issues as prescribed at Points a, b, c, or d, Clause 1, this Article;

b) At least 75% of people who have made requests for organization of extraordinary meetings with respect to meetings proposed by owners as prescribed at Point dd, Clause 1, this Article;

3. Requirements for number of people attending extraordinary meetings of condominium complex are as follows:

a) At least 50% of representatives of owners of delivered apartments of the condominium complex with respect to meetings on election of heads or all the Board of Directors of the condominium complex or decisions on provisions provided at Point d, Clause 1, this Article;

In case there is a request for changing operation management unit of each condominium of a condominium complex, or a request for price service adjustment, at least 50% of representatives of owners of delivered apartments in such condominium are required, and such requests shall be decided at the extraordinary condominium meetings;

b) In case of selection of replacements for deputy heads or members of the Board of Directors as representatives of a condominium in the condominium complex, the extraordinary meeting of such condominium is organized; condominium meetings shall be organized to select replacements when at least 50% of representatives of owners of delivered condominiums within such condominium required.

c) For meetings of condominium complex as requested by owners as prescribed at Point dd, Clause 1, this Article, at least 75% of people who make requests for organization of extraordinary meetings are required;

4. The Board of Directors shall be responsible for making preparations including time and venue of the meeting attended by condominium owners, users.

5. Commune-level People’s Committee [11] shall be responsible for organizing extraordinary meetings of the condominium or condominium complex to make decisions on issues prescribed at Points a, b, or c, Clause 1, this Article in one of the following cases:

a) The attendance of the extraordinary condominium or condominium complex meeting is insufficient as prescribed at Point a, Clause 2, or Point a, Clause 3 of this Article and the Board of Directors issues a written request;

b) The Board of Directors fails to organize extraordinary meetings at condominium, condominium complex levels on settlement of issues as prescribed at Points a, b, or c, Clause 1, this Article even though at least 50% of representatives of owners of delivered apartments make the request.

c) [12] The project owner has terminated operation due to dissolution or bankruptcy.

6. Within 30 days since receipt of the written request from the Board of Directors or owners’ representatives as prescribed in Clause 5, this Article, the commune-level People’s Committee [13] shall be responsible for organizing the extraordinary meeting. Results of the extraordinary meeting organized by the commune-level People’s Committee [14] shall be applicable to owners, users of condominiums like those of the condominium meetings organized by the Board of Directors as prescribed in this Article.

Article 15. Annual meetings of condominiums

1. Annual meetings of condominiums shall be organized once a year when at least 30% of representatives of owners of delivered apartments or less as agreed by the owners. Annual meetings at condominium, condominium complex levels shall comprise following issues:

a) Listen to reports on performance of the Board of Directors and pass annual management board receipts and expenditures;

b) Consider and pass the condominium’s balance sheet of expenses for maintenance of sections under common ownership in the year and plans for maintenance of sections under common ownership in the following year;

c) Listen to reports on administration and operation of condominiums;

d) Decide other issues as prescribed in Article 102 of the Housing Law (if any);

2. At least 50% of representatives of owners of delivered apartments must attend annual meetings of a condominium in combination with making decisions on one of the following issues:

a) Select replacements for heads or deputy heads who are dismissed, pass away, or missing; in case of replacement of deputy heads as the project owner's representatives, the project owner shall appoint others without organizing of extraordinary meetings of condominiums;

b) Dismiss all members of the Board of Directors and elect new one.

c) Select replacements for members of the Board of Directors who are dismissed, pass away case the collection of suggestions from owners fails to reach the unanimity as prescribed at Point b, Clause 3, Article 26 of this Regulation or elect members of the Board of Directors as prescribed at Point b, Clause 4, Article 26 of this Regulation.

3. For annual meetings in combination with election of head of the Board of Directors or decisions on issues prescribed at Points b, d, Clause 1, Article 14 of this Regulation, attendance should ensure at least 50% of representatives of owners of delivered apartments of such condominium complex.

4. The Board of Directors shall be responsible for preparing including time and venue of the meeting attended by owners, users; the Board of Directors may organize preparatory meetings in preparation for an official meeting.

5. The Board of Directors may make a written request to commune-level People’s Committee [15] for organization of the condominium meeting as prescribed in Clauses 5, 6, Article 14 of this Regulation in case of insufficient attendance as prescribed in Clause 2, this Article.

6. In case the Board of Directors, its members are found in breach of financial issues, depending severity of the case, the meeting shall issue decisions on dismissal for one, a number of all the members of the Board of Directors and carry out election of replacements as prescribed in Clause 2 or Clause 3 and Clause 5, this Article; if the offender is subject to criminal prosecution, the meeting shall approve the decision on making requests to competent agencies for consideration and handling according to laws.

In case of necessity, the meeting shall make decision on the establishment of an inspection team or employment of a professional unit to inspect financial records of the Board of Directors; if a professional unit is hired, owners or users shall make financial contributions to the payments made to this unit as agreed.

Article 16. Participants in and voting at condominium meetings [16]

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.

c) [17] (repealed)

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 1m² of 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.

Section 2. BOARD OF DIRECTORS

Article 17. Board of Directors

1. For condominiums with multiple owners requiring the establishment of a Board of Directors according to the Housing Law, the Board of Directors shall be an organization having legal capacity, legal stamp and operating according to the model as prescribed in Clause 1, Article 18 of this Regulation; the Board of Directors elected in the meeting shall exercise rights and obligations as prescribed in Clauses 1 and 2, Article 41 of this Regulation.

2. For condominiums with single or multiple owners having less than 20 apartments, the meeting shall decide to or not to establish the Board of Directors. If the Board of Directors is established, its operating principles and organizational model are as follows:

For condominiums with single owner, the Board of Directors shall not have legal capacity and legal stamp; the Board of Directors shall operate according to the model as prescribed in Clause 3, Article 18 and exercise rights and obligations as prescribed in Clause 2, Article 41 of this Regulation.

b) For condominiums with multiple owners, operating model and principles of the Board of Directors are prescribed in Clause 1, this Article.

3. The Board of Directors as prescribed in Clauses 1 and 2, this Article has a three-year tenure and shall be re-elected in annual meetings at the end of the tenure except in cases of extraordinary meetings to elect replacements.

4. Decisions made by the Board of Directors that exceed authority as prescribed in Article 41of this Regulation shall be legally invalid; members of the Board of Directors shall be responsible for making compensations for any damage caused to lawful rights and interests of organizations and individuals.

5. [18] 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.

6. The Board of Directors’ operation expenditures shall be contributed annually by condominium owners and users based on decisions given in the meeting; such expenditures should be specified in the Board of Directors’ operation regulations and managed through a bank account. The Board of Directors should use these expenditures purposefully and make reports on receipts and expenditures in annual meetings.

7. [19] Remunerations of members of the Board of Directors of a condominium shall be contributed by condominium 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.

Article 18. Model of the Board of Directors [20]

1. Board of Directors of condominiums, condominium complexes with multiple owners shall be established according to model of board of directors of a cooperative or a joint-stock company. The meetings of condominiums shall decide to select the operation model of the Board of Directors to suit the reality of each condominium or condominium complex.

2. If the Board of Directors is established and operates according to model of board of directors of a cooperative, convening and organizing the Board of Directors’ meetings shall be instructed in the Law on Cooperatives. If the Board of Directors is established and operates according to model of board of directors of a joint-stock company, convening and organizing the Board of Directors’ meetings shall be instructed in the Law on Enterprises.

Voting and making written records of the Board of Directors’ meetings should comply with provisions set out in Article 25 of this Regulation.

3. The Boards of Directors of condominiums, condominium complexes with single owner shall be established according to self-governing model; members of the Board of Directors shall unify the exercise of rights and obligations among themselves as prescribed in Clause 2, Article 41 of this Regulation.

Article 19. Requirements for members of Board of Directors

1 [21]. 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.

2. [22] 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.

Article 20. Members and composition of Broad of Directors

1. [23] 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.

2. Composition of condominiums, condominium complexes with multiple owners are regulated as follows:

a) For a condominium, the Board of Directors shall comprise one head, one or two deputy heads and other members as decided in condominium meetings.

If the project owner still owns some areas in the condominium, its representative may be elected as head or deputy head of the Board of Directors in condominium meetings.

b) For a condominium complex, the Board of Directors shall comprise one head; each condominium within shall organize meetings to recommend one or two representatives as deputy heads and other members as decided in condominium meetings.

If the project owner still owns some area in the condominium complex, its representative may be elected as head of the Board of Directors in condominium meetings. If the project owner still owns some area in either condominium of the condominium complex, its representative may be elected as deputy head of the Broad of Directors of such condominium complex except the case the representative has been elected as head of the Board of Directors of such condominium complex.

3. For condominiums, condominium complexes with single owner, the Board of Directors shall comprise one head, one or two deputy heads and other members as decided in condominium complex meetings.

Article 21. Separation and merging of the Board of Directors

1. Separation and merging of the Boards of Directors as prescribed in this Article shall apply only to multi-owner condominiums with the Board of Directors already established.

2. Separation of the Board of Directors of a condominium complex is instructed as follows:

a) In case representatives of owners of either condominium wish to separate from the condominium complex and establish a Board of Directors for their own condominium, a condominium meeting should be convened to collect suggestions from the owners; if at least 50% of representatives of owners of delivered apartments of such condominium agree (via the minutes of collective meeting), members of the Board of Directors as representatives of this condominium shall deliver the minutes of collective agreement to the Board of Directors of the condominium complex.

After the minutes has been delivered to the Board of Directors of the condominium complex, owners of the condominium that request separation from the condominium complex shall appoint an interim organization committee for the organization of the first condominium meeting as prescribed in Clauses 1, 2, 3 and 4, Article 13 of this Regulation; election and determination of composition, members and operation model of the Board of Directors shall comply with this Section. Representatives of the condominium who are current members of the Board of Directors of the condominium complex shall not be recognized as members of the Board of Directors of the condominium complex after a Board of Directors of the condominium is established;

b) If the representative of the condominium is still holding the position as head of the Board of Directors of the condominium complex after separation, the Board of Directors of the condominium complex should organize an extraordinary meeting to elect replacement as prescribed in Article 14 of this Regulation;

c) If representative of apartment owners in condominium complex wishes to separate into the Board of Directors of each separate condominium, a minute of a collective proposal as prescribed at Point a of this Clause is required after the condominium meetings, the Board of Directors of the condominium complex shall hold a meeting to agree on how to hand over the records and maintenance costs of each condominium to the new Board of Directors after it is established.

After the representative of the condominium sends the minutes of the collective request to the Board of Directors of the condominium complex, the condominium meetings shall be organized;

d) Procedures for recognition of Board of Directors as prescribed in this Clause are instructed in Article 22 of this Regulation.

3. Merging Board of Directors of a condominium into Board of Directors of a condominium complex is instructed as follows:

a) If the condominiums have their own Boards of Directors and meet requirements for establishment of a condominium complex as prescribed in this Regulation, the Boards of Directors of these condominiums shall organize meetings to agree on establishment of the Board of Directors of the condominium complex; the minutes of meeting should specify plans for merging into the Board of Directors of the condominium complex, transfer of condominiums’ documents, records of operation of the Board of Directors and expenditures administered by the Boards of Directors.

Each Board of Directors of a condominium must organize meetings to collect suggestions from owners; if at least 50% of representatives of owners of delivered apartments of each condominium agree to merge into the condominium complex (via the minutes of collective agreement), Boards of Directors of such condominiums shall be responsible for coordinating organization of the first condominium complex meeting (the first meeting at condominium complex level). Organization of the first condominium complex meeting should be in compliance with provisions set out in Clauses 1, 2, 3, 4, Article 13 and Article 26 of this Regulation.

b) If a condominium that already has its own Board of Directors needs to merge into Board of Directors of the established condominium complex, the Board of Directors of the condominium and condominium complex should organize meetings to make decisions on the merging into the Board of Directors of the condominium complex.

After the decision on the merging is made, the Board of Directors of the condominium and condominium complex shall organize meetings to collect suggestions from owners of the condominium and condominium complex respectively; if at least 50% of representatives of owners of delivered apartments of the condominium complex and at least 50% of representatives of owners of delivered apartments of the condominium agree to merge into the condominium complex (via the minutes of collective agreement), the Board of Directors of this condominium should organize condominium meetings (meetings at condominium level) to appoint representatives to participate in the Board of Directors of the condominium complex.

The number and composition of representatives of condominiums participating in the Board of Directors of the condominium complex shall be determined in the same way as other condominiums within this condominium complex; if some representative of the project owners is holding the position as deputy head of the Board of Directors of the condominium, such representative may be elected as deputy head of the Board of Directors of the condominium;

c) Procedures for recognition of the Board of Directors of the condominium complex as prescribed in this Clause are instructed in Article 22 of this Regulation.

4. Hand-over and management of condominium documents, the performance records of the Board of Directors and relevant expenditures with respect to the case as prescribed in Clauses 2 and 3, this Article are instructed as follows:

a) For the case as prescribed in Clause 2, this Article, within 7 working days since receipt of a written request from the new Board of Directors of a condominium, the Board of Directors of the condominium complex shall be responsible for handing over documents and all expenditures in relation to the condominium separated from the condominium complex to the new Board of Directors of such condominium for management as prescribed;

b) For the case as prescribed in Clause 3, this Article, within 7 working days since receipt of a written request from the Board of Directors of the condominium complex, the Board of Directors of the condominium shall be responsible for handing over documents and all expenditures in relation to such condominium to the Board of Directors of the condominium complex for management as prescribed;

c) Board of Directors of a condominium or condominium complex shall issue a written request enclosed with a certified true copy of recognition decision issued by district-level People’s Committee [24] to the credit institution which is currently administering maintenance expenditures of condominiums or condominium complexes for transfer of such expenditures to the new Board of Directors for management.

d) Upon receipt of the written request as prescribed at Point c, this Clause, the credit institution shall transfer all the remaining expenditures as prescribed at Points a and b, this Clause to new Board of Directors; the transfer of performance records of Board of Directors as well as expenditures as prescribed in this Clause should be made into a written record signed by concerned parties; the management and use of such expenditures after being transferred to the new Board of Directors shall comply with the Housing Law and this Regulation.

Article 22. Procedures for recognition and announcement of operation of Board of Directors

1. Within 10 working days since being elected at the condominium meeting (including the case of election of the Board of Directors for the first time; election of the Board of Directors at the end of the term or upon dismissal or replacement; the election of a new Board of Directors upon separation or merging of the Board of Directors or the replacement of the heads and deputy heads of the Board of Directors), the Board of Directors shall be responsible for submitting the dossier of request for recognition of the Board of Directors as prescribed in Article 23 hereof to district-level People’s Committee [25] where the condominium is located.

2. [26] 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.

3. Contents of the Decision comprise:

a) Name of the Board of Directors and operation model of the Board of Directors;

b) Number of members of the Board of Directors;

c) Full name and titles of heads, deputy heads of the Board of Directors;

d) Tenure of the Board of Directors;

dd) Obligations for execution of the Decision of relevant organizations, individuals;

e) [27] Replacement of the previous recognition decision (if any).

4. [28] 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.

5. [29] 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.

Article 23. Dossiers for recognition of Board of Directors

1. In case Board of Directors is established for the first time, the application for recognition comprises:

a) A written request by the Board of Directors specifying that the name has been approved in the condominium meetings (the meetings at condominium level); in case of establishment of Board of Directors of a condominium, the name should be taken after name or number of the condominium; in case of establishment of Board of Directors of a condominium complex, the name shall be decided in the condominium meetings;

b) The minutes of condominium meeting on election of the Board of Directors;

c) Lists of members of the Board of Directors; full name of heads, deputy heads;

d) The Board of Directors’ operation regulations passed in the condominium meeting.

2. In case the Board of Directors is re-elected due to tenure expiration or dismissals or selection of replacements for heads or deputy heads, the dossiers shall comprise:

a) The Board of Directors’ written request;

b) Original copy of the Decision on recognition of the Board of Directors;

c) The minutes of condominium meeting on re-election of management board, re-election for alternative the Board of Directors or for selection of replacements for heads, deputy heads;

d) Lists of members of the Board of Directors, heads, deputy heads;

dd) The Board of Directors’ operation regulations passed in the condominium meeting (if amended, supplemented);

3. In case of separation of the Board of Directors of condominium complex as prescribed in Clause 2, Article 21 hereof, the dossiers shall be instructed as follows:

a) For requests for recognition of the Board of Directors of a condominium after separation from the condominium complex, the dossiers shall comprise documents as prescribed in Clause 1, this Article enclosed with the minutes of collective agreement as prescribed at Point a, Clause 2, Article 21 of this Regulation. For the case as prescribed at Point c, Clause 2, Article 21 of this Regulation, an original copy of the Decision should be added;

b) For requests for recognition of Board of Directors of a condominium complex after some condominium is separated, the dossiers shall comprise a written request by the Board of Directors of the condominium complex, original copy of the Decision, lists of remaining members of the Board of Directors (clearly specify full names of individual members); in case of re-election of head of the Board of Directors of condominium complex as prescribed at Point b, Clause 2, Article 21 of this Regulation, the minutes of condominium meeting on the election should be added.

4. In case of merging of the Board of Directors as prescribed in Clause 3, Article 21 of this Regulation, the dossiers for recognition of the Board of Directors of condominium complex shall be instructed as follows:

a) For requests for recognition of Board of Directors of a condominium complex formed by joining management boards of condominiums together, the dossiers shall comprise documents as prescribed in Clause 1, the minutes of collective agreement as prescribed at Point a, Clause 3, Article 21 of this Regulation and original copy of decisions on recognition of Board of Directors of a condominium;

b) For requests for recognition of Board of Directors of a condominium complex formed by merging of Board of Directors of condominiums with previous Board of Directors of the condominium complex, the dossiers shall comprise a written request by the Board of Directors of the condominium complex, the minutes of collective agreement, the minutes of meeting organized by condominiums that need merging as prescribed at Point b, Clause 3, Article 21 hereof, lists of members of the Board of Directors of condominium complex (including new members from condominiums merging into) and original copy of the Decision on recognition of the Board of Directors.

Article 24. Regulations on operation, receipts and expenditures of Board of Directors

1. Regulations on operation and receipts and expenditures of the Board of Directors of condominiums, condominium complexes shall be passed in condominium meetings, ensuring public disclosure, transparency and full compliance with provisions laid down this Regulation, the Housing Law and other relevant law provisions.

2. Operation regulations of the Board of Directors of condominiums and complexes comprise following information:

a) [30] 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.

b) Principles for organizing meetings including regulations on convener, conditions for meetings, chairpersons for meetings, the minutes of meetings, manners of voting, making decisions on issues within responsibility and authority of the Board of Directors, effects of decisions made by the Board of Directors;

c) Rights and obligations of the Board of Directors and specific responsibility of each member of the Board of Directors of which responsibility for signing documents of the Board of Directors, signing contracts with operation management units, units in charge of maintenance of sections under common ownership of condominiums; responsibility for managing and signing documents in the absence of heads or deputy heads; responsibility for managing legal seals of the Board of Directors (if seal is available) should be specified;

d) Rights to get access to information and responsibility for supplying information between members of the Board of Directors;

dd) Reception and responses to proposals by condominium owners, users, handling of cases concerning dismissal of members of the Board of Directors and responsibility for making compensations for damages of persons committing acts in violation of regulations;

e) Mechanism of reporting and approving decisions on expenses of the Board of Directors; persons responsible for managing documents and performance records of the Board of Directors;

g) Other information depending on characteristics of each condominium, condominium complex.

3. Regulations on receipts and expenditures of the Board of Directors of condominiums and complexes comprise following information:

a) Regulations on receipts managed by the Board of Directors, name of person as owner of the account for operation, account for expenditures for maintenance of sections under common ownership managed by the Board of Directors, regulations on deposit terms for expenditures for maintenance of sections under common ownership of condominium;

b) Regulations on remuneration for each member of the Board of Directors and other expenses supporting operation of the Board of Directors;

c) Assignment of responsibilities for collecting expenditures, signing in approval for expenses for operation of the Board of Directors on behalf of the Board of Directors, signing written request for withdrawal of expenditures for maintenance of sections under common ownership of condominiums and other papers;

d) Procedures on withdrawal of money and relevant documents for withdrawal of money from accounts managed by the Board of Directors;

dd) Assignment of responsibilities for keeping records of invoices, vouchers of receipts and expenditures of the Board of Directors;

e) Regulations on maximum level of cash that the Board of Directors may withdraw for making payments to units carrying out maintenance of sections under common ownership of condominiums; level of expenditure that the Board of Directors may use for extraordinary maintenance without organizing condominium meetings or asking for opinions from owners;

g) Regulations on handling of violations such as improper spending or appropriation of expenditures managed by the Board of Directors or violations relating to keeping records of invoices, vouchers;

h) Other regulations.

Article 25. Voting for decisions made by the Board of Directors

1. Decisions made by the Board of Directors of condominiums, condominium complexes shall be passed in the form of voting as prescribed in operation regulations of the Board of Directors, made into written records signed by a secretary, members of the Board of Directors present in the meeting and affixed with a stamp of the Board of Directors (if seal is available). In case the ayes achieve 50% of the number of members of the Board of Directors, the final result shall be decided by the head or deputy head (in case the head is absent) unless otherwise as regulated in Clauses 2 and 3 of this Article.

2. [31] For a condominium with multiple owners, the following proposals shall be passed when being 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.

3. [32] 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 heads and at least 75% of the members of the Board of Directors representing that building or those buildings.

Article 26. Dismissal of members of the Board of Directors or the Board of Directors itself

1. Members of the Board of Directors of condominiums, condominium complexes shall be dismissed in one of the following cases:

a) Members of the Board of Directors apply for resignation;

b) Members of the Board of Directors are no longer condominium owners or other area owners (in case of multi-owner condominiums);

c) Members of the Board of Directors move to other locations;

d) Head of the Board of Directors of condominiums after separation from condominium complex in the case prescribed at Point b, Clause 2, Article 21 of this Regulation;

dd) Members of the Board of Directors of condominium merging into condominium complex in the case prescribed in Clause 3, Article 21 of this Regulation;

2. Dismissal of the Board of Directors, members of the Board of Directors of condominiums, condominium complexes shall be implemented at the request of the Board of Directors or condominium owners in following cases:

a) The Board of Directors fails to make reports on its performance in condominium meetings as prescribed of this Regulation;

b) The Board of Directors fails to operate after being elected;

c) Members of the Board of Directors commit acts of violation of regulations on operation, receipts and expenditures of the Board of Directors;

d) Members of the Board of Directors fail to participate in operation of the Board of Directors for 6 straight months or fail to attend at least 30% of total number of the Board of Directors’ meetings for a year.

3. Re-election of members of the Board of Directors of condominiums is carried out as follows:

a) In case of election of replacements for the Board of Directors, heads or deputy heads of the Board of Directors, an extraordinary condominium meeting should be held to give decisions as prescribed in Article 14 of this Regulation; in case of dismissal of deputy heads as representatives of the project owners, the project owners shall appoint other representatives as replacements without organization of extraordinary condominium meetings;

b) In case of election of members of the Board of Directors other than those prescribed at Point a of this Clause, the Board of Directors shall propose replacements and ask for opinions from owners; if approved by at least 50% of representatives of owners of delivered condominiums or less as decided by condominium meeting, such replacements shall be recognized as members of the Board of Directors; otherwise, an extraordinary condominium meeting shall be organized to elect replacements as prescribed in Article 14 of this Regulation.

4. Re-election of members of the Board of Directors of condominium complex is carried out as follows:

a) In case of election of replacements for the Board of Directors or heads of the Board of Directors, an extraordinary condominium complex meeting should be held to give decisions as prescribed in Article 14 of this Regulation;

b) In case of election of members of the Board of Directors of condominium complex apart from the subjects as prescribed at Point a, this Clause, the Board of Directors shall propose replacements and ask for opinions from owners of condominiums of the condominium to which the members to be replaced belong; if approved by at least 50% of representatives of owners of delivered condominiums or less as decided by condominium meeting, such replacements shall be recognized as members of the Board of Directors of the condominium complex; otherwise, an extraordinary condominium meeting shall be organized to elect replacements as prescribed in Article 14 of this Regulation.

In case of dismissal of deputy heads of the Board of Directors of condominium complex as representatives of the project owners, the project owners shall appoint others as replacements without organizing extraordinary condominium complex meetings.

Section 3. OPERATION MANAGEMENT OF CONDOMINIUMS

Article 27. Condominium operation management unit [33]

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.

Article 28. Disclosure of information on condominium operation management units [34]

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.

Article 29. Contract for condominium operation management services

1. [35] The operation management of condominiums shall be carried out via the service contract signed between operation management unit and the Board of Directors.

The operation management service contract signed between the parties should specify information as prescribed in Clause 2, this Article be made according to the form in Appendix 02 enclosed this Regulation.

2. The operation management service contract comprises following information:

a) Full name, address, representatives participating in contract signing;

b) Scale and area of common sections inside and outside condominiums that need operation management;

c) Requirements for quality, quantity, time and venue for provision of operation management services;

d) Service price calculated on the basis of usable square meter (m²); payment of charges;

dd) Service contract duration;

e) Cases of contract termination;

g) Rights and obligations of the parties; responsibility for coordination between the parties; settlement of disputes over terms and conditions of the contract;

h) Other agreements;

i) Effectiveness of the contract.

3. Acceptance, payment, financial settlement and contract settlement shall be carried out according to terms and conditions in the contract and civil laws.

Article 30. Prices of condominium operation management services

1. The operation management service price shall be instructed in Article 106 of the Housing Law and based on types of condominiums and agreements with operation management units. In case a condominium is put into operation management service, but the first condominium meeting is yet to be held, the service price shall be decided by the project owners and specified in the purchase and lease purchase contract; after the first condominium is held, the service price shall be based on negotiations with operation management unit.

2. The condominium operation management service price is expressed in Vietnam dong and calculated according to usable square meter (m²) or other areas within the condominium (determined according to carpet area).

3. For mixed-use condominiums, the operation management service price for the office, service, commercial and privately-owned area used as auto parking space is determined as follows:

a) The operation management service price for office, service and commercial area shall be negotiated between the parties on the basis of actual business, service and office activities and specific positions of condominiums.

b) The operation management service price for privately-owned area used as auto parking space shall be negotiated between parties and may be lower than the service price for condominiums in the same condominium. These regulations also apply to privately-owned areas used as auto parking space of residential condominiums;

c) If the service price as prescribed at Points a and b, this clause cannot be agreed by the parties, the service price issued by provincial-level People's Committees where such condominium is situated shall be used instead.

4. Condominium operation management units shall determine and collect expenditures on operation management of condominiums from owners and users on the basis of prices prescribed in this Article.

Article 31. Expenditures on condominium operation management

1. Expenditures on condominium operation management shall be paid on a monthly or periodical basis by condominium owners and users to managing units for performance of duties as prescribed in Clause 1, Article 10 this Regulation.

2. Expenditures on condominium operation management are determined by multiplying the service price as prescribed in Article 30 this Regulation by usable area of condominiums (m²) or other space other than apartments in the condominium.

3. Usable area of condominiums or other space other than apartments in the condominium shall serve as foundations for calculation of expenditures on operation management as follows:

a) If certificates of land use rights, ownership of houses and land-linked properties (hereinafter referred to as the Certificate), the area serving as foundations for calculation of expenditures on operation management shall be the area specified in the Certificate;

b) If the Certificate is yet to be granted, the area serving as foundations for calculation of expenditures on operation management shall be usable area privately owned by owners (carpet area as prescribed in Clause 2, Article 101 of the Housing Law); this area is determined in the purchase and lease purchase contract or in practice.

4. For state-owned condominiums, expenditures on operation management shall be collected according to Point a, Clause 5, Article 106 of the Housing Law.

Section 4. MAINTENANCE OF CONDOMINIUMS

Article 32. Principles for maintenance of condominiums

1. Condominium owners shall be responsible for carrying out maintenance of sections under private ownership and make financial contributions to the maintenance of sections under common ownership of condominium to maintain quality of condominiums and ensure safety during use.

2. Maintenance of sections under private ownership should not have any effect on sections under private ownership and works, equipment system used in common in condominiums.

3. Maintenance of sections under common ownership of residential- and mixed-use condominiums that are undefinable shall be carried out according to maintenance plan passed by condominium meeting and procedures on maintenance of equipment established under this Regulation.

4. Maintenance of sections under common ownership of residential and mixed-use condominiums (if separately definable) shall be carried out according to following principles:

a) For sections under common ownership of condominium and sections under private ownership of the entire condominium, the owners shall carry out maintenance according to the plan passed by the condominium meeting and established procedures except in cases of unexpected damage caused by natural disasters, conflagration;

b) For sections under common ownership of the functional area, the owners thereto shall carry out the maintenance according to procedures on maintenance of condominiums and equipment system as prescribed.

5. Maintenance of sections under common ownership of condominium complex shall be carried out by owners and users of such condominium complex.

6. Only individuals or units that meet requirements for conditions and capacity shall be hired by owners and the Board of Directors of condominiums to carry out the maintenance.

Article 33. Plans for maintenance of sections under common ownership of condominiums

1. Plans for maintenance of sections under common ownership of condominiums shall be passed by condominium meetings to apply to the cases as prescribed in Clause 3 and Point a, Clause 4, Article 32 of this Regulation.

2. The project owners shall be responsible for establishing and submitting maintenance plan to the first condominium meeting for approval; for subsequent meetings, the Board of Directors shall be responsible for cooperating with operation management units or other qualified units to establish maintenance plan for reporting to the meeting for approval.

3. Plans for maintenance of sections under common ownership of condominiums applied to the cases as prescribed in Clause 3, Point a, Clause 4, Article 32 of this Regulation shall be established and passed on the basis of the procedures on maintenance of civil works of condominiums, procedures on maintenance of equipment system provided by the project owners and current conditions of sections under common ownership of condominiums.

4. Contents of plans for maintenance of sections under common ownership of condominiums applied to the cases as prescribed in Clause 3 and Point a, Clause 4, Article 32 of this Regulation comprise:

a) Work items that need maintenance in the year and are expected to be maintained for the next three to five years; work items subject to unexpected maintenance in the year (if any);

b) Time and progress of maintenance of each work in the year;

c) Expected budgets for maintenance of each work item;

d) Responsibility for supporting and creating conditions of owners in relation to the area that needs maintenance; responsibility for inspection, monitoring and acceptance of the Board of Directors;

dd) Other relevant issues.

Article 34. Work items of condominiums eligible for use of expenditures on maintenance of sections under common ownership for maintenance

1. Work items and area that belong to sections under common ownership of condominium as prescribed at Points a and b, Clause 2, Article 100 of the Housing Law.

2. Equipment systems that belong to sections under common ownership of condominiums including lifts, power generators, water pumps, ventilation system, power system for lighting, domestic activities, electrical equipment used in common, water supply, drainage system, gas supply system, central heating, communications, fire control, lightning rod and other equipment.

3. Outside infrastructure connected to condominiums; public works as prescribed at Point b, Clause 2, Article 100 of the Housing Law.

4. Handling wastewater stagnation and septic tank emptying; injecting microorganisms to condominium’s wastewater treatment system.

5. Other work items that belong to sections under common ownership of condominiums as agreed in the purchase and lease purchase contract or according to the Housing Law.

Article 35. Maintenance contract and implementation of maintenance of sections under common ownership of condominiums

1. The Board of Directors, owners of the office, service and commercial area may choose, and sign maintenance contract as follows:

a) For civil work of a condominium, the Board of Directors, owners may directly hire an operation management unit to perform maintenance (if such condominium has the operation management unit; for condominiums requiring no operation management unit, other qualified units may be hired to perform the maintenance instead;

b) For common equipment system, operation management unit may be hired or authorized to hire equipment supplier or other units to carry out maintenance; in case of replacement of equipment, the equipment supplier should provide warranty coverage according to the period as regulated by the manufacturer; if the warranty period is over, the maintenance or replacement shall comply with this Point.

2. Maintenance units should perform maintenance according to established maintenance procedures, ensure safety for owners and users during the maintenance, and comply with progress and other terms and conditions under the signed maintenance contract.

3. Maintenance contract is established and signed between the Board of Directors (or owner of the office, service and commercial area) and maintenance unit according to laws. For condominiums where the Board of Directors is not required, the representative of condominium owner shall sign the contract with maintenance unit.

4. When the maintenance is completed, concerned parties should organize acceptance testing; payment and settlement of expenditures on maintenance shall be carried out according to terms and conditions of the contract with all invoices, vouchers being included according to laws.

Article 36. Making, handover and management of maintenance funds for areas under common ownership of condominiums with multiple owners

1. The project owner is responsible for opening a bank account at a credit institution operating in Vietnam to temporarily manage the maintenance funds for areas under common ownership of condominiums with multiple owners according to the Decree No. 99/2015/ND-CP dated October 20, 2015 on detailing and guiding the implementation of a number of articles of the Housing Law (hereinafter referred to as the Decree No. 99/2015/ND-CP)

2. For residential-use condominiums and mixed-use condominiums without separating areas under common ownership of apartments and office, service and commercial areas, after organizing the first condominium meeting, the opening of accounts, handover and management of maintenance funds for the areas under common ownership are implemented as follows:

a)³⁶ The Board of Directors of the condominium opens deposit account at a credit institution operating in Vietnam to manage and use maintenance funds for the areas under common ownership of the condominium;

b) Within 07 working days since the Board of Directors sends a written request to transfer the maintenance funds, the project owner is responsible for transferring the maintenance funds collected from the purchasers or hire-purchasers and the maintenance funds payable by the project owner for the retained area not yet sold or put for lease-purchase in accordance with Point b, Clause 1, Article 108 of the Housing Law, to the account opened by the Board of Directors of the condominium in accordance with Point a of this Clause for management and use under the provisions of law;

c)³⁷ 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."

3. For mixed-use condominiums with separating areas under common ownership of apartments and office, service and commercial areas, after organizing the first condominium meeting, the opening of accounts, handover and management of maintenance funds for the areas under common ownership is implemented as follows:

a)³⁸ The Board of Directors of the condominium opens a specialized account at a credit institution operating in Vietnam to manage and use maintenance funds for the areas under common ownership of the apartments and maintenance funds for the areas under common ownership to the condominium;

b) The term of deposits and the deposit account holder for maintenance funds specified at Point a of this Clause is determined as in the case of residential-use condominium specified at Point c, Clause 2 of this Article;

c) The owners of the office, service and commercial areas are responsible for self-management of the funds as prescribed at Point b, Clause 4 of this Article for maintenance of the areas under common ownership of this functional area;

d) The handover of maintenance funds for areas under common ownership of the condominium specified in this Clause must comply with Clause 4 of this Article.

4. The handover and management of maintenance funds for the case specified in Clause 3 of this Article is prescribed as follows:

a) Within 07 working days from the date of receipt of the written request from the Board of Directors of the condominium, the project owner is responsible for transferring the maintenance expenses collected from the purchasers, lease-purchasers and the maintenance funds payable by the project owner for the area of the apartments not yet sold or put for lease-purchase in accordance with Point b, Clause 1, Article 108 of the Housing Law to the bank account opened by the Board of Directors in accordance with Point a, Clause 3 of this Article for management and use according to regulations;

b)³⁹ The project owner shall transfer the amount of maintenance funds payable for the office, service and commercial areas according to the rate agreed with the apartment purchasers, lease-purchasers under contracts on purchase and sale or lease-purchase of 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.

5. In case of condominium complex, the Board of Directors of the condominium complex must set up separate accounts to manage the maintenance funds for each building based on the use purpose of each building as prescribed in the Clauses 2, 3 and 4 of this Article.

6. The handover party and the recipient of maintenance funds for areas under common ownership of the condominium specified in this Article shall have to carry out procedures for settlement of this fund data before proceeding with the handover of funds. Documents for settlement of maintenance funds for areas under common ownership include:

a) Minutes on identification of areas and equipment under common ownership of the condominium in accordance with the Housing Law;

b) Minutes on total maintenance funds collected in accordance with the law on housing, clearly specifying the amount collected from the purchasers, lease-purchasers and the amount payable by the project owner in accordance with regulations; name, account number, place of opening the maintenance fund deposit account under the project owner’s management;

c) List of maintenance tasks for the areas under common ownership that the project owner has performed, together with invoices and documents proving the maintenance amount paid to the maintenance unit and the remaining maintenance fund data after deducting the amount of maintenance funds performed by the project owner (if any).

For maintenance works that are subject to warranty and are still within the housing warranty period in accordance with the Housing Law, the project owner is not allowed to deduct the maintenance funds to be transferred to the Board of Directors of the condominium.

7.⁴⁰ (repealed)

8.⁴¹ (repealed)

Article 37. Use of maintenance funds for areas under common ownership of condominiums with multiple owners

1. Maintenance funds for the areas under common ownership of the condominium can only be used to maintain the areas under common ownership of such condominium. The Board of Directors of the condominium may only use the maintenance funds for the areas under common ownership of the condominium for the maintenance of the items specified in Article 34 of this Regulation; in case the condominium has to be demolished but the maintenance funding has not been used up, it shall be used to support resettlement or put into the maintenance fund for areas under common ownership of the new condominium after it is rebuilt.

2.⁴² 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.

3. If bank account for management of maintenance fund must be opened as prescribed in Point a, Clause 3, Article 36 of this Regulation, the Board of Directors of the condominium and the project owner shall agree to clarify the maintenance funds for the areas under common ownership of the condominium and maintenance funds for the areas under common ownership of the apartments.

When it is necessary to maintain the areas under common ownership of the apartments, the Board of Directors may only use the agreed funds for maintenance; in case this funds is used up, the apartment owners are responsible for making joint contributions. Maintenance funds for the areas under common ownership of the condominium can only be used to maintain the areas under common ownership of such condominium; in case this funds is used up, the owner of the apartment owner and the owners of the office, service and commercial areas are responsible for making joint contributions. The project owner and the Board of Directors of the condominium may agree to open 02 different bank accounts for management of 02 funds specified in this Clause.

4. The credit institution managing the deposit account for maintenance funds for the areas under common ownership of the condominium is responsible for bank transfer to the bank account of the maintenance unit within 03 working days from the date of receipt of request of the Board of Directors of the condominium. Request document for bank transfer includes the following documents:

a) Written request from the Board of Directors, clearly stating the reason for requesting bank transfer and the amount to be transferred to the maintenance unit;

b) Minutes of the Board of Directors meeting on withdrawing maintenance funds;

c) Maintenance plan approved by the condominium meeting, except for unexpected maintenance;

d) Maintenance contract signed with individuals or units with maintenance capacity as prescribed by law.

5. In case of maintenance work with small contract value within the level allowed by the condominium meeting to withdraw cash as stated in the regulations on financial revenue and expenditure of the Board of Directors, after receiving the written request, specified in Clause 4 of this Article, the credit institution shall carry out the cash withdrawal procedure for the Board of Directors to pay directly to the maintenance unit.

6. In case of unexpected maintenance work allowed to be spent according to the regulations on financial revenue and expenditure, the Board of Directors shall make a written request for bank transfer enclosed with minutes of the Board of Directors meeting on withdrawal and maintenance contract deposited with the credit institution where the deposit account is opened for maintenance funds; based on the written request, the credit institution is responsible for transferring money to the maintenance unit within 03 working days; the bank transfer or payment in cash shall comply with the provisions of Clauses 4 and 5 of this Article.

7. For the maintenance of the areas under common ownership of the buildings in the condominium complex, the maintenance funds shall be used according to the following provisions:

a) In case there is arising maintenance work for the areas under common ownership of the condominium complex, the maintenance funds for the areas under common ownership of each building in the complex shall be deducted evenly for maintenance;

b) In case there is arising maintenance work for the areas under common ownership of some buildings in the condominium complex, the maintenance funds for the areas under common ownership of related buildings shall be deducted evenly for maintenance;

c) The withdrawal of maintenance funds for the areas under common ownership specified at Points a and b of this Clause shall comply with the provisions of Clauses 4, 5 and 6 of this Article.

Section 5. RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN MANAGEMENT AND USE OF THE CONDOMINIUM

Article 38. Rights and responsibilities of the project owner

1⁴³. Manage and operate the condominium as prescribed in Clause 2 and Point b, Clause 3, Article 27 of this Regulation. In case 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 not participate in the management and operation of the condominium, it may introduce a unit that fully meet the requirements for functions and operation management capacity as prescribed in Clause 2, Article 105 of the Housing Law for the condominium meeting’s consulting and selection.

2. Collect maintenance funds for shared areas of the condominium as prescribed in Articles 108 and 109 of Housing Law, Decree No. 99/2015/ND-CP and hand over these funds to the Board of Directors of the the condominium in accordance with the Housing Law and this Regulation.

3⁴⁴. Preside over the organization of the first condominium meeting, appoint people to participate in the Board of Directors of the condominium and participate in voting at the condominium meeting in accordance with this Regulation in case of co-owning the apartment, other areas in the condominium.

4. Hand over the infrastructure system outside the condominium to the local specialized management agency in accordance with law; prepare and hand over condominium dossiers to the Board of Directors of the condominium in accordance with this Regulation.

5. Manage and use facilities for common activities of owners and users of condominiums assigned by the State or built for business according to the purposes stated in the approved project contents.

6. Maintain its private ownership area; responsible for compensation if the maintenance or non-maintenance causes damage to other owners.

7. Request competent authorities to handle acts of infringing upon their lawfully owned assets or acts of obstructing lawful business according to approved project contents. The competent agencies are responsible for handling violations committed by organizations and individuals with respect to the legitimate assets or business activities of the project owner.

8. Coordinate with the Board of Directors of the condominium to solve difficulties and problems in the management and use of the condominium.

9. Purchase compulsory fire and explosion insurance in accordance with the law on fire prevention and fighting and the law on insurance business.

10. Pay compensation for damage to the aggrieved party as agreed upon or prescribed by law; abide by the decisions on settlement, handling and sanctioning of violations issued by competent state agencies.

11. Other rights and responsibilities as prescribed by law.

Article 39. Rights and responsibilities of condominium owners

1. For condominiums with multiple owners, the owners have the following rights and responsibilities in management and use of the condominium:

a) Have the right to own and use the private ownership area; have the right to use the common ownership area in accordance with the Housing Law and this Regulation. Be responsible for maintaining the private ownership area in accordance with the Housing Law and this Regulation; be responsible for compensation if the maintenance or non-maintenance causes damage to other owners;

b) Request the project owner, the Board of Directors of the condominium or the Ward-level People's Committee to hold condominium meeting in accordance with this Regulation; attend the condominium meeting and vote on the contents of the condominium meeting in accordance with the provisions of Housing Law and this Regulation;

c) Request the project owner, the operation management unit, the Board of Directors of the condominium to provide information and publicize the contents related to the management and use of the condominium;

d) Fully abide by the decisions of the condominium meeting, even in case of not attending the condominium meeting; abide by the settlement and handling decisions of competent state agencies;

dd) Fully and on time contribute funds for management and operation of the condominium, expenses for maintenance of areas under common ownership and other expenses and fees as prescribed by law or as agreed with service suppliers.

If the owners fail to pay the management and operation fee as prescribed, they will be handled according to the agreement in the condominium operation management service contract signed by the Board of Directors of the condominium and the condominium operation management unit;

e) Comply with internal rules and regulations on management and use of condominiums; promptly detect and notify the operation management unit or competent state agency of violations in the management and use of the condominium;

g) Create conditions and support functional units to carry out the maintenance of areas under common ownership according to regulations;

h) Restore the original state and compensate for damage if causing damage to the area, equipment under common ownership or the area and equipment under private ownership of other owners; be handled in accordance with law and have to pay compensation for damage when there is an act of obstructing the lawful business activities of the owner of the office, service or commercial areas;

i) Purchase compulsory fire and explosion insurance in accordance with the law on fire prevention and fighting and the law on insurance business;

k) Comply with other provisions of relevant laws.

2. For a single-owner condominium, the owner is entitled to use the condominium and exercise the rights and responsibilities specified at Points b, c, d, e and k, Clause 1 of this Article.

Article 40. Rights and responsibilities of users who are not condominium owners

1. Use areas under private ownership and areas under common ownership of the condominium in accordance with the Housing Law and this Regulation.

2. Exercise rights and obligations according to the content agreed with the owner in case the user is not the owner.

3. Attend condominium meetings (for condominium with single owner); on behalf of the owner, attend the condominium meeting and vote if the owner does not attend (for condominium with multiple owners); In case many people are using the same apartment or another area of the condominium, they shall authorize a representative to attend and vote at the condominium meeting.

4. Exercise the relevant rights and responsibilities specified at Points b, c, d, dd, e, g, h and k, Clause 1, Article 39 of this Regulation.

Article 41. Rights and responsibilities of Board of Directors of the condominium

1. The Board of Directors of the condominium with multiple owners may exercise the rights and responsibilities specified in Clause 1, Article 104 of Housing Law and the following rights and responsibilities:

a) Receive, store and manage condominium dossiers; provide a set of documents handed over from the project owner to the operation management unit in case the condominium must have an operation management unit as prescribed in Clause 2, Article 5 of this Regulation, except for the operation management unit is the project owner;

b) Prepare the contents and organize the condominium meeting in accordance with this Regulation; publicly announce the contents of the signed operation management and maintenance contract at the condominium meeting;

c) Report on the results of operations, financial revenues and expenditures of the Board of Directors, results of maintenance and collection and expenditure of maintenance expenses for the areas under common ownership of the condominium for inspection, supervision, approval  by the condominium meeting in accordance with the provisions of this Regulation;

d) Act on behalf of the owner to exercise the rights to the areas under common ownership of the condominium in accordance with Housing Law and this Regulation; must not incite others to cause disorder and insecurity in the condominium area;

dd) Take responsibility before the condominium owners for their assigned tasks; strictly observe operational regulations, financial revenue and expenditure regulations of the Board of Directors;

e) Request the competent authority to organize an condominium meeting and recognize the Board of Directors of the condominium in accordance with this Regulation; hold condominium meeting to decide to replace the operation management unit in case the current operation management unit is no longer eligible for management and operation of the condominium as prescribed in this Regulation;

g) Request the competent authority to handle when the project owner fails to hand over the condominium dossier, fails to hand over the maintenance fee for the areas under common ownership of the condominium as prescribed;

h) Hand over the records, books and papers under management to the new Board of Directors after being recognized;

i) If a member of the Board of Directors violates this Regulation and relevant laws, under the seriousness of the violation, they will be handled according to the provisions of this Regulation, administratively sanctioned or examined for penal liability; if causing damage, they must compensate the aggrieved party;

k)⁴⁵ 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

l) Exercise other rights and responsibilities as stipulated in the operation regulations, financial revenue and expenditure regulations of the Board of Directors, which have been approved by the condominium meeting and specified in this Regulation.

2. The Board of Directors of the condominium with single owner is entitled to exercise the rights and responsibilities specified in Clause 2, Article 104 of Housing Law and related rights and responsibilities specified at Points a, b, dd, e, g, h, i, k and l Clause 1 of this Article.

Article 42. Rights and responsibilities of condominium operation management unit

1. Perform the management and operation of the condominium in accordance with this Regulation and the operation management service contract signed with the Board of Directors of the condominium or the management representative of the condominium (for condominiums without establishment of Board of Directors); perform maintenance on the areas under common ownership of the condominium under the maintenance contract if there is maintenance capacity.

2. Sign sub-contracts with service providers in the management and operation of the condominium (if any); supervise the provision of these services.

3. Notify in writing of the collection and payment of relevant funds; notify the requirements and contents to pay attention to condominium users in case of unexpected situations such as natural disasters, epidemics, fires; instruct the installation of equipment in the owner's areas under private ownership.

4. Collect fees for management and operation services of the condominium as agreed with the owners and users of the condominium; collect and pay remuneration to members of the Board of Directors of the condominium according to the decision of the condominium meeting.

5. Publicly report on the management and operation of the condominium to the Board of Directors of the condominium every 6 months or at the request of a competent authority; report on the management and operation at the condominium meeting; collect comments from users on the provision of condominium operation management services.

6. Coordinate with the Board of Directors of the condominium to solve other related issues during the management and operation of the condominium.

7. Abide by the settlement and handling decisions of competent state agencies.

8. Exercise other rights and responsibilities as agreed upon in the condominium operation management service contract or in accordance with relevant laws.

Chapter IV

HANDLING OF VIOLATIONS AND SETTLEMENT OF DISPUTES IN MANAGEMENT AND USE OF THE CONDOMINIUM

Article 43. Settlement of disputes

1. Disputes over ownership of condominiums shall be settled on the basis of negotiation and conciliation in accordance with the Housing Law, this Regulation and relevant laws; in case negotiation or conciliation fails, it is submitted to the People's Court for settlement in accordance with law.

2. Disputes over fund for management and operation of the condominium, on the handover, management and use of maintenance funds for areas under common ownership of the condominium shall be resolved by the Provincial - level People's Committee where the condominium is located; in case of disagreement with the decision of Provincial - level People's Committee, it may be submitted to the People's Court for settlement in accordance with law.

3⁴⁶. Disputes between members of the Board of Directors of the condominium shall be resolved according to the operating regulations of the Board of Directors approved by the condominium meeting.

In case a member of the Board of Directors or the Board of Directors is dismissed, relieved of duty or replaced without handing over the seal, the new Board of Directors has the right to request the competent authority to issue and register the seal, perform recovery, handover or destruction of seals for registration and issuance of new seals according to regulations on grant, registration and management of seals to the new Board of Directors.

In case a member of the Board of Directors or the Board of Directors is dismissed, relieved of duty or replaced without handing over the management account for maintenance funds for the areas under common ownership of the condominium, the operation management account of the new Board of Directors, the new Board of Directors has the right to request the organization managing these accounts to blockade the account, stop performing transactions related to the Board of Directors being removed, relieved of duty, or replaced and make and hand over this account to the new Board of Directors in accordance with this Regulation and relevant laws.

4. Disputes between the Board of Directors of the condominium and the owners and users of the condominium regarding the election, dismissal, removal or replacement of members of the Board of Directors of the condominium shall be settled on the basis of negotiation; In case negotiation fails, it is proposed to hold an condominium meeting for settlement.

5. Disputes over operation management service contract, maintenance contract, condominium operation management service contract between the service provider and the operation management unit shall be resolved by agreement between the parties; In case no agreement is reached, the People's Court shall be requested to settle it in accordance with law.

Article 44. Handling of violations

1. If the Board of Directors and members of the Board of Directors of the condominium violate the regulations on management and use of the condominium and this Regulation, under the seriousness of the violation, they will be dismissed or replaced in accordance with this Regulation and be administratively handled or examined for penal liability in accordance with law.

2. In case the condominium meeting is held in contravention of this Regulation, the decisions and results of such condominium meeting will not be recognized and the condominium meeting must be held to make re-decision.

3. In case the Board of Directors of the condominium makes decisions inconsistent with the operating regulations, financial revenue and expenditure regulations, these decisions will not be recognized.

4. Those who abuse their positions and powers, owners or users of the condominium to violate regulations on management and use of the condominium, shall, under the seriousness of their violations, be administratively handled or examined for penal liability.

5. Those who commit acts of violation and cause damage must compensate in accordance with law.

Chapter V

TRANSITIONAL PROVISIONS

Article 45. Transition handling for the operation model of the Board of Directors of the condominium and management of maintenance funds for the areas under common ownership of the condominium

1. For condominiums that have established a Board of Directors before the effective date of this Regulation, but the Board of Directors wishes to reorganize its operating model, change the number and composition of the Board of Directors in accordance with the Housing Law and this Regulation, or separate or merge with the Board of Directors, the condominium meeting must be held to elect the Board of Directors in accordance with this Regulation.

2. For condominiums that have established a Board of Directors before the effective date of this Regulation, but the Board of Directors already has operating regulations, financial revenue and expenditure regulations but not in accordance with the provisions of this Regulation or not yet has operating regulations, regulations on financial revenue and expenditure in accordance with this Regulation, the Board of Directors must develop or amend and supplement regulations to report to the condominium meeting for approval in accordance with this Regulation.

3. For condominiums that have established a Board of Directors before the effective date of this Regulation, but it is not required to have a Board of Directors in accordance with the Housing Law and this Regulation, the Board of Directors shall hold a condominium meeting to decide the operation of the Board of Directors.

4. In case the maintenance funds of the areas under common ownership of the condominium has been transferred before the effective date of this Regulation, it shall be managed and used in accordance with the Housing Law and this Regulation. The Board of Directors of the condominium and the project owner may agree to re-open bank account to manage the deposit account for maintenance funds of the areas under common ownership of the condominium in accordance with this Regulation, but it  must report the nearest condominium meeting.

5.⁴⁷ 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

Article 46. Transition handling for condominium operation management

1. For condominiums that have an operation management unit but are not required to have an operation management unit in accordance with Housing Law, the condominium meeting will be held to decide to agree to terminate the signed service contract with the operation management unit or continue to perform this contract.

2.⁴⁸ (repealed)

3.⁴⁹ (repealed)

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 47. Responsibilities of provincial-level People’s Committees and Departments of Construction

1. Provincial-level People's Committees shall:

a) Direct the implementation of the provisions of this Regulation in the locality; based on the actual situation of the locality and this Regulation, promulgate specific regulations guiding the management and use of condominiums to apply in the locality;

b) Disseminate and propagate regulations on management and use of condominiums in the locality;

c) Promulgate price range for condominium management and operation services as prescribed in Clause 5, Article 106 of Housing Law;

d) Organize the coercive recovery of maintenance funds for areas under common ownership of the condominium in accordance with the Housing Law and this Regulation;

dd) Direct local authorities to receive works and infrastructure systems in housing construction investment projects according to approved project contents and written approval of investment policy from a competent authority;

e) Consider and decide on the residential management of each building, condominium complex in accordance with law;

g) Organize inspection and handling of violations according to their competence or request competent agencies to handle violations of regulations on management and use of condominiums in accordance with law;

h) Perform other responsibilities as prescribed by law.

2. The Department of Construction takes the responsibility for assisting the Provincial-level People's Committee in performing the function of state management of the management and use of condominiums in the locality; reporting to the Ministry of Construction on the management and use of condominiums in the locality every 6 months, annually or at unexpected requests.

Article 48. Responsibilities of district-level People’s Committees⁵⁰

1. Report Provincial-level People's Committees to decide on the assignment of administrative management responsibilities in the area where the apartment building is located and handle problems according to its competence.

2.⁵¹ 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; receive condominium dossiers according to Point d, Clause 3, Article 5 of this Regulation.

3. Inspect the management and use of the condominium; handle according to their competence or request competent agencies to handle violations of regulations on management and use of condominiums in the locality.

4. Perform other responsibilities assigned by provincial-level People's Committees and prescribed by law regulations.

Article 49. Responsibilities of commune-level People’s Committees⁵²

1. Propagate and mobilize organizations and individuals to comply with the provisions of this Regulation and the law on management and use of condominiums.

2.⁵³ 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.

3. Coordinate and create conditions for condominium management units to provide condominium services in the area.

4.⁵⁴ Organize condominium meetings and attend condominium meetings according to this Regulation; recognize Boards of Directors of condominiums under authorization of district-level People’s Committees.

5. Perform other responsibilities as prescribed by law regulations.

Article 50. Responsibilities of the Housing and Real Estate Market Management Agency

1. Guide and urge the implementation of this Regulation.

2. Inspect the management and use of condominiums nationwide and propose competent agencies to handle violations of the law on management and use of condominiums.

3. Coordinate with relevant agencies in organizing training, disseminating and propagating the provisions of law on management and use of condominiums nationwide.

4. Summarize feedbacks of relevant organizations and individuals on arising problems and propose amendments and supplements to this Regulation accordingly.

5. Perform other tasks related to the management and use of the condominium in accordance with this Regulation or under the direction of the Minister of Construction.

Any difficulties and problems arising in the course of implementation should be promptly reported to the Ministry of Construction for guidance or amendment and supplementation./.

[1] The Circular No. 22/2016/TT-BXD dated July 01, 2016 of the Minister of Construction on repealing the whole or a part of legal documents with regulations on business investment conditions promulgated by the Ministry of Construction (hereinafter referred to as the Circular No. 22/2016/TT-BXD) with bases for promulgation as follows:

“Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016, on detailing and guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents;

Pursuant to the Government's Decree No. 118/2015/ND-CP dated November 12, 2015;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of the Director of Legal Department;

The Minister of Construction promulgates a Circular on repealing the whole or a part of legal documents with regulations on business investment conditions promulgated by the Ministry of Construction or jointly promulgated by the Ministry of Construction.”

The Circular No. 28/2016/TT-BXD dated December 15, 2016 of the Minister of Construction, amending and supplementing a number of articles of the Ministry of Construction’s Circular No. 10/2015/TT-BXD dated December 30, 2015, providing regulations on professional training courses in management of condominiums, the Ministry of Construction’s Circular No. 11/2015/TT-BXD dated December 30, 2015, 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 condominiums promulgated under the Circular No. 02/2016/TT-BXD (hereinafter referred to as the Circular No. 28/2016/TT-BXD) with bases for promulgation as follows:

“Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Law on Real Estate Business dated November 25, 2014;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013, defining the 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 defining conditions for the business of professional training courses in management of condominiums; knowledge of real estate brokerage practice and management of the real estate trading floor;

At the request of the Director of Housing and Real Estate Market Management Agency,

The Minister of Construction promulgates the Circular amending and supplementing a number of articles of the Circular No. 10/2015/TT-BXD dated December 30, 2015, providing regulations on professional training courses in management of condominiums, The Circular No. 11/2015/TT-BXD dated December 30, 2015, 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 condominiums promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by the Ministry of Construction.”

The Circular No. 06/2019/TT-BXD dated October 31, 2019 of the Minister of Construction, amending and supplementing a number of articles of the circulars concerning management and use of condominiums (hereinafter referred to as the Circular No. 06/2019/TT-BXD). With bases for promulgation as follows:

“Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Government’s Decree No. 81/2017/ND-CP dated 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 dated October 20, 2015 on detailing and guiding the implementation of a number of articles of the Housing Law;

At the request of the Director of 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.”

[2] The Circular No. 22/2016/TT-BXD with the regulations on effect as follows:

“Article 3. Effect

1. This Decision takes effect on the signing date.

2. Relevant agencies, organizations and individuals shall be responsible for the implementation of this Circular./.”

The Circular No. 28/2016/TT-BXD with the regulations on effect as follows:

“Article 4. Effect

1. This Circular takes effect on February 01, 2017.

2. The form of certificate of completion of professional training courses in management of condominiums specified in Appendix No. 01 to this Circular replaces the form of certificate of completion of professional training courses in management of condominiums prescribed in Appendix No. 05 to the Minister of Construction’s Circular No. 10/2015/TT-BXD dated December 30, 2015.

3. The internal regulation template on management and use of condominiums for reference specified in the Appendix No. 02 to this Circular replaces the internal regulation template on management and use of condominiums specified in the Appendix No. 01 to the Minister of Construction’s Circular No. 02/2015/TT-BXD dated December 30, 2016.

4. Repeal the following regulations:

a) Appendix No. 05 of the Minister of Construction’s Circular No. 10/2015/TT-BXD dated December 30, 2015, providing regulations on professional training courses in management of condominiums;

b) Clause 4 Article 3, title of Section 1, Section 2 of Chapter III, Article 27 and Appendix No. 7 of the Minister of Construction’s Circular No. 11/2015/TT-BXD dated December 30, 2015, 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;

c) Clause 7 and Clause 8 Article 36; Clause 2 and Clause 3 Article 46 of the Minister of Construction’s the Circular No. 02/2016/TT-BXD dated April 02, 2016 on Regulations on management and use of condominiums.

5. For regulations on management and use of condominiums promulgated by ministries, sectors and People's Committees of provinces and centrally-run cities before the effective date of this Circular that are different from those specified in this Circular, the regulations in this Circular shall be applied.

6. Any difficulties and problems arising in the course of implementation should be promptly reported to the Ministry of Construction for guidance or amendment and supplementation./. ”

The Circular No. 06/2019/TT-BXD with the regulations on effect as follows:

“Article 3. Implementation provisions

1. This Circular takes effect on January 01, 2020.

2. Any difficulties and problems arising in the course of implementation should be promptly reported to the Ministry of Construction for guidance or amendment and supplementation./.”

[3] This Clause is amended and supplemented in accordance with Clause 1, Article 1 of the Circular No. 06/2019/TT-BXD effective from January 01, 2020.

[4] This Clause is amended and supplemented  in accordance with Clause 1, Article 3 of the Circular No. 28/2016/TT-BXD, effective from February 01, 2017 and Clause 1, Article 2 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[5] This Clause is amended and supplemented in accordance with Clause 1, Article 3 of the Circular No. 28/2016/TT-BXD, effective from February 01, 2017.

[6] This Clause is amended and supplemented in accordance with Clause 2, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[7] This Clause is amended and supplemented in accordance with Clause 3, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[8] This Article is amended and supplemented in accordance with Clause 4, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[9] This Clause is amended and supplemented according to Clause 2, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

[10] This Article is amended and supplemented in accordance with Clause 5, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[11] The phrase "Ward-level People's Committee" is replaced by the phrase "Commune-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[12] This Point is amended according to Clause 2, Article 2 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[13] The phrase "Ward-level People's Committee" is replaced by the phrase "Commune-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[14] The phrase "Ward-level People's Committee" is replaced by the phrase "Commune-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[15] The phrase "Ward-level People's Committee" is replaced by the phrase "Commune-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[16] This Article is amended and supplemented in accordance with Clause 6, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[17] This Point is supplemented in accordance with Clause 4, Article 3 of Circular No. 28/2016/TT-BXD, that takes effect from February 1, 2017 and is repealed according to Clause 7 Article 2 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[18] This Clause is amended and supplemented in accordance with Clause 7, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[19] This Clause is amended and supplemented in accordance with Clause 8, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[20] This Article is amended and supplemented according to Clause 5, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

[21] This Clause is amended and supplemented in accordance with Clause 6, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017 and is supplemented in accordance with Clause 3, Article 2. of Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

[22] This Clause is amended and supplemented in accordance with Clause 9, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[23] This Clause is amended and supplemented in accordance with Clause 7 Article 3 of the Circular No. 28/2016/TT-BXD, effective from February 1, 2017 and supplemented in accordance with Clause 4, Article 2 of the Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

[24] The phrase "Town-level People's Committee" is replaced by the phrase "District-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[25] The phrase "Ward-level People's Committee" is replaced by the phrase "Commune-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[26] This Clause is amended and supplemented in accordance with Clause 10, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[27] This Point is amended and supplemented in accordance with Clause 11, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[28] This Clause is amended and supplemented in accordance with Clause 12, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[29] This Clause is amended and supplemented in accordance with Clause 13, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[30] This Point is amended and supplemented in accordance with Clause 14, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[31] This Clause is amended in accordance with Clause 15, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[32] This Clause is amended in accordance with Clause 16, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

[33] This Article is amended and supplemented in accordance with Clause 8, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017 and according to the provisions of Clause 5, Article 2 of the Circular No. Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

[34] This Article has been partially repealed in accordance with Clause 10, Article 2 of Circular No. 22/2016/TT-BXD, effective from July 1, 2016 and amended and supplemented in accordance with Clause 6, Article 2 of Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

[35] This Clause is amended in accordance with Clause 10, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

36 This Point is amended and supplemented in accordance with Clause 11 Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

37 This point is amended and supplemented in accordance with Clause 17, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

38 This Point is amended and supplemented in accordance with Clause 12 Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

39 This point is amended and supplemented in accordance with Clause 18, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

40 This Clause is repealed in accordance with Point c, Clause 4, Article 4 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

41 This Clause is repealed in accordance with Point c, Clause 4, Article 4 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

42 This Clause is amended and supplemented in accordance with Clause 19 of the Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

43 This Clause is amended and supplemented in accordance with Clause 13, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

44 This Clause is amended and supplemented in accordance with Clause 14, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

45 This point is amended and supplemented in accordance with Clause 20, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

46 This Clause is amended and supplemented in accordance with Clause 15, Article 3 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

47 This Clause is amended and supplemented in accordance with Clause 21, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

48 This Clause is repealed in accordance with Point c, Clause 4, Article 4 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

49 This Clause is repealed in accordance with Point c, Clause 4, Article 4 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

50 The phrase "Town-level People's Committee" is replaced by the phrase "District-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

51 This Clause is amended and supplemented in accordance with Clause 22, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 1, 2020.

52 The phrase "Ward-level People's Committee" is replaced by the phrase "Commune-level People's Committee" according to Clause 25, Article 1 of Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

53 This Clause is amended and supplemented in accordance with Clause 23, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

54 This Clause is amended and supplemented in accordance with Clause 24, Article 1 of the Circular No. 06/2019/TT-BXD, effective from January 01, 2020.

55 This form of internal regulations is replaced by the form of regulations on management and use of condominiums specified in Clause 3, Article 4 of Circular No. 28/2016/TT-BXD, effective from February 1, 2017.

56 Name of the condominium.

57 Name of the operation management unit according to the business registration document or the establishment decision of the competent authority.

58 Name of the building/condominium complex.

59 Specify that the condominium is residential-use condominium or mixed-use condominiums used for residential and business services.

60 Under the agreement between Party A and Party B, the parties may add or reduce or change the work performed by Party B in Clause 1 of this Article 3.

61 Area m² is determined to calculate the price is the area of use (m²) (calculated according to the carpet area).

62 The costs in the service price mentioned in Clause 2, Article 4 of this Article may be changed or adjusted according to the agreement of the parties.

63 In addition to the rights and obligations mentioned in Articles 5 and 6, the parties may agree to add other rights and obligations under job requirements.

64 The parties specifically agree on the content mentioned in Clause 3, this Article 7.

65 The parties specifically agree on the content mentioned in Article 10.

66 The parties may agree on additional cases of unilateral termination of the contract mentioned in Clauses 2 and 3 of this Article.

67 The parties may agree on additional content of Clause 1, Article 12.