Regulations on maintenance of apartment buildings for investors in Vietnam

When buying current apartments, according to the provisions of the Law on Housing 2014, people when buying an apartment will have to pay an additional 2% of the contract value to buy the apartment to use as an apartment maintenance fund. After the apartment building has been put into operation and the residents will elect a management board and the investor is obliged to hand over all this money to the new management board to maintain the damaged items of the building home when it comes into operation.

However, in reality, many investors are deliberately causing difficulties and delaying the handover of this money, leading to long-lasting disputes and lawsuits that cannot be resolved completely be problem. So, what Regulations on maintenance of apartment buildings for investors in Vietnam? Please follow the following article by Lawyer X!

Maintenance of the apartment building in accordance with the law

Pursuant to Article 107 of the Law on Housing 2014, the maintenance of the apartment building includes maintenance of the privately owned part and the maintenance of the shared area. The owner of the apartment building is responsible for maintaining the privately owned part and contributing funds to carry out the maintenance of the shared part of the apartment building.

The contribution of funds for maintenance of the common area of ​​an apartment building with multiple owners shall comply with the provisions of Article 108 of the Law on Housing 2014; The use of funds for maintenance of common areas with multiple owners must comply with Article 109 of the Law on Housing 2014.

Maintenance contents, maintenance procedures and management of apartment maintenance records shall comply with the provisions of the law on construction.

Principles of apartment building maintenance in accordance with the law

The principles of apartment building maintenance according to Article 32 of Circular 02/2016/TT-BXD are:

The owner of the apartment building is responsible for maintaining the privately owned part and contributing funds for the maintenance of the shared part of the apartment building to maintain the quality of the house and ensure safety during use.

The maintenance of the private part must not affect the private part of other owners and the systems of works and equipment under common ownership and common use of the apartment building.

The maintenance of the common area of ​​the apartment building with the purpose of living and the apartment building with mixed use purposes but not separating the common ownership part of the apartment building and the office, service area, Commercial operation is carried out according to the maintenance plan approved by the apartment building conference and according to the building maintenance process, the equipment maintenance procedure has been established in accordance with the Regulations attached to Circular 02/2016/ TT-BXD.

The maintenance of the common area of ​​a mixed-use apartment building that separates the common area of ​​the apartment building and the office, service and commercial areas shall be carried out according to the following principles: :

For the joint ownership of the apartment building and the common ownership of the whole building, the owners carry out the maintenance according to the plan approved by the apartment building meeting and the maintenance procedure has been established, except in case of unexpected damage caused by natural disaster or fire;
For the common area of ​​the office, service and commercial area, the owner of this functional area shall perform maintenance according to the building maintenance process and the equipment system maintenance procedure established in accordance with regulations. .
The maintenance of the shared part of the apartment complex is carried out by the owners and users of the apartment complex.

Owners and management boards of the apartment building may only hire individuals and units that are qualified and capable corresponding to the job requiring maintenance as prescribed to carry out maintenance.

The maintenance plan for the shared part of the apartment building is approved by the apartment building conference. The investor is responsible for making a maintenance plan to report to the first apartment building conference for approval; for the next apartment building conference, the management board of the apartment building is responsible for coordinating with the operation management unit or the unit capable of maintaining maintenance plans to report to the general building conference residence through.

Regulations on maintenance of apartment buildings for current investors

The contents of the maintenance plan for the shared part of the apartment building include:

Items will be maintained during the year and expected for the next 3 to 5 years; expected unexpected maintenance items in the year (if any);

Time and progress for each item to be maintained during the year;

Estimated budget to carry out each maintenance item;

Responsibility to support and facilitate the owners related to the maintenance area; responsibility for inspection, supervision and acceptance
maintenance work of the management board of the apartment building;

Other related issues.

The items of apartment buildings that are used for maintenance funds include:

Maintenance of items and areas under common ownership in the remaining area of ​​the apartment building in addition to the area owned by the area inside the apartment, including the area of ​​​​the balcony, the attached loggia with that apartment; other areas in the apartment building recognized as private ownership for the apartment building owners; system of technical equipment for private use attached to the apartment or attached to another area under private ownership; community house of the apartment building;

Space and system of load-bearing structures, shared technical equipment in the apartment building, including frames, columns, load-bearing walls, house walls, dividing walls of apartments, floors, roofs, terraces, etc. corridor, stairs, elevator, emergency exit, litter box, technical box, power supply system, water supply, gas supply, communication system, radio, television, drainage, tank seals, lightning, fire fighting and other parts not under the private ownership of the apartment building owners;

Maintain the system of equipment under common ownership of the apartment building, including elevators, generators, water pumps, ventilation systems, lighting power supply systems, domestic electricity, electrical equipment used in the apartment building. general, water supply and drainage systems, gas supply systems, central heating, broadcasting, communication, fire prevention and fighting, lightning rods and other equipment for common use in apartment buildings.

Maintenance of the external technical infrastructure system connected to the apartment building; public works specified at Point d, Clause 2, Article 100 of the Law on Housing 2014.

Treating clogged sewage, vacuuming septic tanks periodically; Microbiological culture for the wastewater system of the apartment building.

Other items of the apartment building are under the common ownership of the owners of the apartment building as agreed in the apartment purchase and sale contract or in accordance with the law on housing.

Expenses for maintenance of apartment buildings for investors in accordance with the law

Apartment maintenance fees are a source of funds with a shelf life, usually only about 5 to 10 years. Therefore, it is not necessary to pay 2% maintenance fee from the beginning to the investor. When the building is put into operation, the management board is set up to consider paying the fee. At that time, the investor must open a payment account at a credit institution operating in Vietnam to receive maintenance money paid by the buyer, rent-purchaser of the apartment or other area in the apartment building; When opening an account, the investor must specify that the account name is a term deposit for maintenance of the apartment building.

According to the provisions of Article 108 of the Law on Housing 2014, the maintenance cost of the apartment building for the investor is determined as follows:

“For apartments and other areas in the apartment building that the investor sells or leases to buy, the investor must pay 2% of the value of the apartment or other area for sale or lease-purchase; this amount is included in the sale and rent-purchase of the house, which must be paid by the buyer or hire-purchaser upon receipt of the handover and is clearly stated in the purchase and sale contract or the lease-purchase contract;

For apartments, other areas in the apartment building that the investor keeps and does not sell, lease-purchase, or sell, or lease-purchase by the time of handing over and putting the apartment building into use, except for the If the area is under common ownership, the investor must pay 2% of the apartment value, the retained area; This part of the value is calculated according to the selling price of the apartment with the highest price of that apartment building.

In case the investor signs a contract to buy, sell, or rent-purchase an apartment or other area in the apartment building after July 1, 2006, but there is no agreement on maintenance expenses in the house purchase and lease-purchase contract. the investor must pay this amount; In case the house purchase and lease purchase contract does not include the maintenance cost, the owner shall pay the maintenance fee for the common area as prescribed in Clause 3, Article 108 of the Law. housing 2014.

In case an apartment building has mixed-use purposes for living and business, which can separate different functional areas in the same building, including functional areas of apartments, functional areas of business and services and each of these functional areas has a common ownership part which is separate from the common ownership part of the whole building, managed and operated independently, the investor and the buyer, lease purchase apartment or other area in the house. The apartment building agreement in the sale, purchase and lease-purchase contract will divide the maintenance cost into several parts for management and use according to the provisions of Clause 4, Article 109 of the Law on Housing 2014″.

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