Decision No. 3185/QD-UBND dated June 16, 2014 of the People’s Committee of Hanoi on the service charge scale of condominiums in Hanoi

THE PEOPLE’S COMMITTEE OF HANOI

Decision No. 3185/QD-UBND dated June 16, 2014 of the People’s Committee of Hanoi on the service charge scale of condominiums in Hanoi

Pursuant to the Law on People’s Council and People’s Committee dated November 26, 2003;

Pursuant to the Law No. 56/2005/QH11 dated December 09, 2005 of the National Assembly on Housing;

Pursuant to the Law No. 11/2012/QH13 dated June 20, 2012 of the National Assembly on charges;

Pursuant to the Decree No. 71/2010/ND-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Housing Law;

Pursuant to Circular No. 37/2009/TT-BXD dated December 1, 2009 of the Ministry of Construction guiding methods of determining and managing condominium service charges;

Pursuant to the Circular No. 16/2010/TT-BXD dated September 01, 2010 of the Ministry of Construction specifying and guiding some contents of the Government s Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding the Housing Law;

Pursuant to the Circular No. 25/2014/TT-BTC dated February 17, 2014 of the Ministry of Finance on the Regulations on common charge method for goods and services;

Pursuant to the Circular No. 03/2014/TT-BXD dated February 20, 2014 of the Ministry of Construction on amending the Article 21 of the Circular No. 16/2010/TT-BXD dated September 01, 2010 of the Ministry of Construction specifying and guiding some contents of the Government s Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding the Housing Law;

Pursuant to the Decision No. 01/2013/QD-UBND dated January 04, 2013 of the People’s Committee of Hanoi on issuing the Regulations on using condominiums in Hanoi;

Pursuant to the Decision No, 3431/QD-UBND dated May 31, 2013 of the People’s Committee on service charge scale of condominiums in Hanoi;

At the proposal of the Department of Construction at the Document No. 3664/SXD-QLKT dated May 30, 2014;

DECIDES:

Article 1.To public the service charge scale for condominiums in Hanoi (in the Appendix)

The service charge scale shall be applied in one year from the effective date of this Decision.

Article 2. Implementation organization

1. The Department of Construction shall take prime responsibilities, and coordinate with the Departments of Finance, Natural Resources and Environment, the Hanoi Department of Taxation and relevant units to: receive, collect opinions in management of condominium’s service charges, build and adjust service charge scale so as to be suitable with current situation and then submit to the People’s Committee of Hanoi for consideration and decision.

2. People’s Committee of communes and districts shall:

- Approve the service charges of condominiums when having any dispute in condominium’s service charge in the area.

- Report on problems arising in the management of condominium’s services at the localities and then submit to the Department of Construction for collecting and reporting to the People’s Committee of Hanoi.

- Inform and public to relevant units on management and usage of condominiums in accordance with current regulations.

3. The Management Board of Condominiums shall decide the condominium’s service charge, in the case of having no management board, the service charge must be accept by 50% households living in the condominium by written form.

Article 3. This Decision takes effect on the signing date.

Chief Officer of People’s Committee of Hanoi; Director of Departments of: Constructions; Finance; Natural Resources and Environment; The General Bureau of Hanoi Department of Taxation; the Presidents of People’s Committee of districts, communes, towns; Investments; Organizations; Enterprises managing condominiums in Hanoi and other relevant organizations and individual shall implement this Decision./.

For the People’s Committee

For the President

The Vice – President

Nguyen Van Suu

APPENDIX

CONDOMINIUM’S SERVICE CHARGE SCALE IN HANOI

(Issued with the Decision No. 3185/QD-UBND dated June 16, 2014 of the People’s Committee of Hanoi)

Note:

1. The charge in the charge scale is made basing on the regulations prescribed at article 2 of the Circular No. 37/2009/TT-BXD dated December 1, 2009 of the Ministry of Construction guiding methods of determining and managing condominium service charges.

- The revenues from other services in the condominium’s common ownership shall be added to make up for condominium’s service charges so as to cut down condominium’s service charges.

- This charge scale excludes superior service such as water-and-air shower; swimming pool, tennis or other superior services.

2. Any organization and individual relating to the definition, management of condominium’s service charges bases on the regulations prescribed at the Circular No. 37/2009/TT-BXD dated December 1, 2009 of the Ministry of Construction guiding methods of determining and managing condominium service charges; the Decision No. 01/2013/QD-UBND dated January 04, 2013 of the People’s Committee of Hanoi on issuing the Regulations on using condominiums in Hanoi for the implementation organization.