Directive 29/CT-TTg on raising the effectiveness of the state management, use of condominiums

DIRECTIVE

On raising the effectiveness of the state management of the management, operation and use of condominiums^[1]

Over the recent years, the localities have proactively organized the management and use of condominiums in accordance with the 2014 Housing Law and guiding documents. The management and use of condominiums have gradually become stable, contributing to ensuring  social order and safety, improving living conditions and building a civilized lifestyle for residents in urban centers.

However, there remain some shortcomings and limitations affecting local security and order and provoking negative reactions among local residents, such as: inadequate management of condominiums;  disputes and complaints related to the organization of condominium meetings; establishment and decision on recognition of condominium management boards; selection of condominium management and operation units; determination of areas for common or private ownership; management and use of funds for maintenance of areas under common ownership and operation management funds; handover of apartments while the fire prevention and fighting pre-acceptance test has not yet been carried out under the regulations; and shortcomings in the fire prevention and fighting work with existence of many fire and explosion risks, etc.

This situation is attributable partly to lack of relevant specific regulations, particularly those for the period prior to the promulgation of Housing Law No. 65/2014/QH13; and the fact that a number of project owners fail to pay due attention to their obligations after condominiums are sold. Some local functional agencies still relax the management, fail to disseminate regulations relevant to the management, operation and use of condominiums among project owners, management boards, management and operation units and residents; the examination, inspection, and handling of violations have neither been carried out regularly nor in a timely and thorough manner. The awareness about and sense of observance of the laws on housing and management and use of condominiums by some related parties remain limited, etc.

In order to enhance the state management of the management, use and operation of condominiums and promptly address the above shortcomings and limitations, the Prime Minister gives the following directing opinions:

1. The Ministry of Construction shall:

a/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, revising the legal documents on the functions, tasks and powers of project owners, management boards, enterprises managing the operation of condominiums and condominium owners and users; and sanctioning of violations of organizations and individuals involved in the management and operation of condominiums so as to promulgate new ones according to its competence or submit them to competent agencies for consideration or promulgation;

b/ Study, amend and supplement the regulations on areas under common or private ownership according to relevant construction regulations and standards;

c/ Coordinate with ministries, sectors and localities in stepping up the propagation and dissemination of the laws on construction, housing and real estate business.

Urge and guide local authorities, organizations and individuals in implementing the regulations on housing, particularly those on management, use and operation of condominiums;

d/ Coordinate with localities in enhancing the examination and inspection of implementation of the regulations on management and operation of condominiums, thereby promptly detecting and strictly handling violations according to its competence.

2. The Ministry of Public Security shall:

a/ Coordinate with localities in intensifying the dissemination of provisions of the Law on Fire Prevention and Fighting and guiding documents; and measures and solutions to ensure fire prevention and fighting in condominiums;

b/ Direct functional agencies to raise the quality of condominium project appraisal, and carry out pre-acceptance testing work; enhance the inspection, examination, and handling violations of the fire prevention and fighting regulations and in the appraisal and pre-acceptance testing of fire prevention and fighting plans; ensure adequate inspection and examination of condominium investment projects  under the Government’s Decree No. 79/2014/ND-CP of July 31, 2014; urge the satisfaction of the conditions for fire prevention and fighting, and organize and maintain on-site fire prevention and fighting forces and means; and strictly handle violations of the regulations on fire prevention and fighting;

c/ Assume the prime responsibility for, and coordinate with related agencies in, organizing the investigation, initiation of criminal cases and examination of penal liability of persons committing serious violations in the management, use and operation of condominiums, particularly acts of illegally appropriating and using funds for maintenance of areas under common ownership for improper purposes;

d/ Publicize on its portal the list of condominium projects that fail to comply with the fire prevention and fighting regulations or fail to purchase compulsory fire and explosion insurance.

3. The Ministry of Natural Resources and Environment shall:

Review, evaluate and report shortcomings and limitations of the land law regarding the use and management of land for condominium construction and grant of certificates of land use rights and ownership of houses and land-attached assets for condominiums.

4. Provincial-level People’s Committees shall:

a/ Continue to step up the propagation and dissemination of the regulations on housing and fire prevention and fighting, particularly those on the management, use and operation of condominiums in their localities;

b/ Issue according to their competence documents prescribing and specifically guiding the management, use and operation of condominiums for application in their localities;

Announce detailed construction plans, urban master plans and condominium investment projects, clearly determining the scope and boundaries of condominium construction areas and areas for common use in urban centers.

c/ Direct local functional agencies in strictly implementing the regulations on the management, use and operation of condominiums under the 2014 Housing Law, the Government’s Decree No. 99/2015/ND-CP of October 20, 2015, detailing and guiding a number of articles of the Housing Law, and the Regulation on management and operation of condominiums promulgated together with the Ministry of Construction’s Circular No. 02/2016/TT-BXD of February 15, 2016, and Circular No. 28/2016/TT-BXD of December 15, 2016;

Review the use of land areas for condominium construction under the land use master plans and plans and detailed construction plans approved by competent authorities; review the construction permit observance by condominium projects related to the grant of certificates of land use rights and ownership of houses and land-attached assets which affects the lawful rights and interest of house purchasers, with a view to definitively settling disputes and lawsuits filed over the recent years.

d/ Promulgate brackets of condominium operation management service charges under the housing law;

dd/ Resolutely enforce the recovery of expenses for maintenance of areas under common ownership om condominiums in accordance with the housing law and the Regulation on management and use of condominiums; strictly handle cases where members of condominium management boards illegally use maintenance expenses;

e/ Request project owners and apartment owners to purchase fire and explosion insurance in accordance with the laws on fire prevention and fighting and insurance business;

g/ Direct district-level People’s Committees in their localities in issuing decisions on recognition of condominium management boards in accordance with the housing law; commune-level People’s Committees to monitor, examine and solve problems arising in the management, use and operation of condominiums according to their competence or report such to competent agencies for consideration and solution;

h/ Coordinate with the Ministry of Public Security in directing local functional agencies in intensifying the fire and explosion prevention and fighting; organize fire prevention and fighting training and drills for condominium residents; regularly examine and inspect establishments with high risk of fire in their localities, particularly highly populated high-rise condominiums, in order to promptly detect and handle violations;

i/ Direct provincial-level Departments of Natural Resources and Environment in urgently reviewing, examining and stepping up the grant of certificates of land use rights and ownership of houses and land-attached assets to eligible purchasers in accordance with regulations in their localities;

k/ Direct local functional agencies in enhancing the management of social order and security and registration of temporary residence or temporary absense from residence places in condominiums in their localities;

l/ Direct local functional agencies in intensifying the inspection and examination to detect and strictly handle violations in the management, operation and use of condominiums under the Government’s Decree No. 139/2017/ND-CP and relevant regulations, including: prohibited acts in the 2014 Housing Law; putting into use condominiums in which the fire prevention and fighting conditions have not yet been tested for acceptance; failing to hand over funds for maintenance of areas under common ownership; failing to hand over condominium dossiers to condominium management boards; encroaching spaces and constructing condominiums not in conformity with master plans approved by competent agencies, and other violations;

m/ Proactively solve problems, settle lawsuits and disputes arising in the management and use of condominiums in accordance with law, not letting such lawsuits and disputes remain unsettled for a long time or further filed to central agencies;

n/ Assess the management and use of condominiums in their localities; point out difficulties and problems in the implementation of the Regulation on management and use of condominiums, and propose solutions to such problems to the Ministry of Construction and competent agencies.

5. Organizations and individuals related to the management and use of condominiums shall comply with the regulations on housing and fire prevention and fighting and relevant regulations.

6. The Ministry of Construction, Ministry of Public Security and provincial-level People’s Committees shall organize the implementation of this Directive. Provincial-level People’s Committees shall regularly report their localities’ implementation results to the Ministry of Construction before November 30 every year for summarization and reporting to the Prime Minister.

The Ministry of Construction shall monitor, examine, urge and report on the implementation of this Directive to the Prime Minister.-

For the Prime Minister
Deputy Minister
TRINH DINH DUNG