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.

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