Decision 86/2024/QD-UBND price bracket for condominium operation management services in Ho Chi Minh City

DECISION

Regarding the promulgation of the price bracket for condominium operation management services in Ho Chi Minh City

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THE PEOPLE'S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on Organization of Local Administration dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

Pursuant to the Law on Price dated June 19, 2023;

Pursuant to the Housing Law dated November 27, 2023;

Pursuant to the Government's Decree 95/2024/ND-CP dated July 24, 2024, detailing a number of articles of the Housing Law;

Pursuant to the Government's Decree No. 100/2024/ND-CP dated July 26, 2024, detailing a number of articles of the Housing Law on social housing development and management;

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

Pursuant to the Government's Decree No. 154/2020/ND-CP dated December 31, 2020, amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents;

Pursuant to the Government's Decree No. 59/2024/ND-CP dated May 25, 2024, amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents, which had a number of articles amended and supplemented under the Government’s Decree No. 154/2020/ND-CP of December 31, 2020;

Pursuant to the Government's Decree No. 85/2024/ND-CP dated July 10, 2024, detailing a number of articles of the Law on Price;

Pursuant to the Minister of Construction’s Circular No. 05/2024/TT-BXD dated July 31, 2024, detailing a number of articles of the Housing Law;

At the request of the Director of the Department of Construction in Report No. 9816/TTr-SXD-QLN&CS dated October 17, 2024.

DECIDES:

Article 1. Scope of adjustment and subjects of application:

1. Scope of adjustment

a) The price bracket for condominium operation management services promulgated in this Decision shall be applied in the following cases:

Applying to the collection of operation management service prices of condominiums classified as public assets in Ho Chi Minh City in accordance with Article 151 of the Housing Law 2023;

Serving as a basis for the parties to refer to when negotiating the price of management and operation services for houses that are not public assets or in case of disputes over service prices between the condominium operation management unit and the owner or user of the condominium; in case of failure to agree on the price of condominium management and operation services, the price in the service price bracket promulgated by the City People's Committee shall be applied;

b) The price bracket for condominium operation management services promulgated in this Decision does not apply to the following cases: old condominiums classified as public assets that have not been renovated or rebuilt; social condominiums for students and workers to live in groups of many people in one room; the price of condominium operation management services agreed upon at the Condominium meeting or the general agreement on the price of condominium operation management services in the contract for purchase, sale, lease or lease-purchase of apartments and other privately owned parts in the condominium.

2. Subjects of application

a) State management agencies in charge of housing in the City;

b) The project owner of the condominium construction project (hereinafter referred to as the project owner), the condominium management board, the condominium operation management unit;

c) Owners and users of apartments;

d) Agencies, organizations and individuals involved in the management and use of condominiums.

Article 2. Price bracket for condominium operation management services

1. Price bracket for condominium operation management services:

Unit of calculation: VND/m² clearance/month

The price level in the price bracket specified in this Clause does not include expenses for purchase of fire and explosion insurance, maintenance expenses, expenses for parking attendance, expenses for use of fuel, energy, domestic water, television services, communications, remuneration for the condominium management board and other service expenses for private use of the condominium owner, users and excluding the value-added tax rate (if any).

2. Expenses constituting the price bracket for management and operation services of condominiums include: expenses for performing jobs as prescribed in Clause 3, Article 59 of the Government’s Decree No. 95/2024/ND-CP dated July 24, 2024.

3. The project owner, the condominium management board, the condominium operation management unit shall collect fees of the condominium management and operation from the owner and user of the condominium on monthly basis, specifically: "The fee of the condominium management and operation is calculated by the price of management and operation services per m² of the used apartment area or other area in the condominium multiplied (x) by the used apartment area or other area in that condominium".

Article 3. Implementation organization

1. Responsibilities of the Department of Construction

a) To assume the prime responsibility for, and coordinate with relevant units in, receiving and synthesizing difficulties and problems in the management of service prices for management and operation of condominiums classified as public assets and report, propose to the City People's Committee for consideration and settlement.

b) To guide and inspect the activities of investors, condominium operation management units and condominium management boards in financial management of management and operation services of condominiums classified as public assets.

c) To organize the formulation and adjustment of the price bracket for management and operation services of condominiums classified as public assets when there are price fluctuations or inconsistence with reality and submit them to the City People's Committee for consideration and decision.

2. Responsibilities of district-level People's Committees

a) To coordinate with the Department of Construction in inspecting the operation of the investor, the condominium operation management unit and the condominium management board in the financial management of management services of condominiums classified as public assets in the area under their management;

b) To urge and inspect commune-level People's Committees, investors, condominium operation management units and condominium management boards to report on financial management services for management and operation of condominiums under public property in their respective localities;

c) To report on problems and disputes arising in managing operation management services of condominiums classified as public assets in the locality and send it to the Department of Construction for synthesis and report to the City People's Committee.

3. Responsibilities of commune-level People's Committees

a) To coordinate with the Department of Construction, the district-level People's Committee in inspecting the activities of the investor, the condominium operation management unit, the condominium management board in the management and operation of condominiums classified as public assets in the area under their management;

b) To urge and inspect the investor, the condominium operation management unit and the condominium management board in the area under their management to perform the responsibility for management and operation of the condominium classified as public assets.

4. Responsibilities of the project owner, the condominium operation management unit

a) Based on the price bracket specified in Clause 1, Article 2 of this Decision, the investor, the condominium management board, and the condominium operation management unit are responsible for calculating and determining the price of condominium operation management services in accordance with Article 59 of the Government's Decree No. 95/2024/ND-CP dated July 24, 2024.

b) To implement the management and operation of condominiums classified as public assets in accordance with this Decision and the Regulation on management and use of condominiums promulgated together with the Minister of Construction’s Circular No. 05/2024/TT-BXD dated July 31, 2024 and other relevant laws;

c) To organize the management, operation and provision of services in accordance with the agreements in the contracts, ensure safety, security and order, and create an urban civilized lifestyle for people living in apartment complexes; at the same time, maintain the quality, architecture, landscape, and environmental sanitation of the condominium.

d) To organize the collection, expenditure and accounting of service prices of condominiums classified as public assets and other sources of revenue and expenditure to ensure publicity and transparency in accordance with the State's regulations;

dd) To make irregular or periodic reports before December 5 every year at the request of the Department of Construction, the district-level People's Committee and the commune-level People's Committee.

e) To publicly post the collection and expenditure of condominium service prices to households periodically once/month or make an irregular report if more than 50% of households request it.

5. Responsibilities of the condominium management board

a) On the basis of the price bracket for condominium management and operation services in this Decision, to proactively calculate and determine condominium service prices in accordance with the Housing Law 2023; the Government’s Decree 95/2024/ND-CP dated July 24, 2024; the Government’s Decree No. 100/2024/ND-CP dated July 26, 2024; the Minister of Construction’s Circular No. 05/2024/TT-BXD dated July 31, 2024 to submit for approval at the condominium meeting and report to the Department of Construction, the Department of Finance, the district-level People's Committee and the commune-level People's Committee (after agreeing on the service price) for monitoring, checking.

b) To organize the management, operation and ensure safety, security and order for people living in condominiums; at the same time, to maintain the quality, architecture, landscape, and environmental sanitation of the condominium.

c) To collect, spend and account of condominium service prices and other sources of revenue and expenditure to ensure publicity and transparency in accordance with the State's regulations.

d) In case the condominium is managed and operated by the enterprise, the condominium management board shall supervise the performance of the contract of the managing enterprise and examine the financial revenue and expenditure reports of the management and operation enterprise according to the signed contract and report to the meeting of the condominium as prescribed; to publicly post the collection and expenditure of condominium service prices to households periodically once/month or make an irregular report if more than 50% of households request it.

In case of a dispute over the service price of condominium, the operation management enterprise may temporarily collect the price in the service price bracket specified in Clause 1, Article 2 of this Decision until the dispute is settled.

dd) To report on the implementation to the Department of Construction and the district-level People's Committee on an annual basis (before December 5) or irregularly upon request.

6. Responsibilities of owners and users of condominiums

Owners and users of condominiums are responsible for contributing funds for the management and operation of condominiums according to the provisions of Clause 4 of this Article and Articles 30 and 41 of the Regulation on management and use of condominiums issued together with Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction.

Article 4. Implementation provision

This Decision takes effect from the date of signing and replaces the City People's Committee’s Decision No. 11/2018/QD-UBND dated March 31, 2018 on the promulgation of the price bracket for condominium operation management services in Ho Chi Minh City.

Article 5. The Chief of the Office of the City People's Committee, the Heads of the Departments and branches of the City, the Chairpersons of the People's Committees of districts and Thu Duc City, wards, communes, towns, relevant organizations, households and individuals shall be responsible for the implementation of this Decision./.