Vietnam Law has regulations on management and use of apartment buildings. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on classification of apartment buildings in Vietnam? What are regulations on useful life of apartment buildings? What are regulations on Regulations on Management board of the apartment building? Thanks for answering my questions!”
Legal grounds
2014 Vietnam Law on Housing
Classification of apartment buildings
– Apartment buildings are classified into different categories to determine the value of the apartment buildings when managing them or putting them onto the market.
– The Minister of Construction shall regulate the classification and recognition for classification of apartment buildings.
Useful life of apartment buildings
– The useful life of an apartment building is determined according to the class of the construction and conclusion on quality assessment provided by the housing authority of province where the apartment buildings prescribed in Clause 2 of this Article are located. The People’s Committee of the province shall grant funding to carry out the housing quality assessment.
– When the useful life of the apartment building expires as prescribed in law on construction or the apartment building is seriously damaged, or in danger of collapse, or unsafe for its occupiers, the housing authority of province shall carry out the housing quality inspection following procedures below:
+ In case the apartment building is still quality and safe for occupiers, its owner(s) entitled to use it for a period stated in the conclusion, except for cases prescribed in Clause 2 and Clause 3 Article 110 of 2014 Vietnam Law on Housing;
+ In case the apartment building is seriously damaged, in danger of collapse, or unsafe for its occupiers, the housing authority of province shall issue the conclusion on housing quality inspection and send a report to the People’s Committee of the province, then send a notification to the homeowner; the content of the notification must be disclosed on the website of the People’s Committee and the housing authority of province, and by means of local mass media.
The owner(s) of the apartment building must demolish the apartment building to renovate or rebuild a new apartment building or transfer it to the competent agency to demolish or rebuild another construction as prescribed in Clause 3 of this Article.
– Any apartment building and the piece of land on which an apartment building is located prescribed in Point b Clause 2 of this Article shall follow the procedures below:
+ In case the piece of land on which the apartment building is located is still conformable with the planning for housing construction, the owner(s) is/are entitled to renovate or rebuild a new apartment building as prescribed in Section 2 of this Chapter;
+ In case the piece of land on which the apartment building is located is no longer conformable with the planning for housing construction, the owner(s) must return this apartment building to the competent agency in order to demolish and rebuild another construction according to the approved planning;
+ In case the owner(s) of the apartment building fails to implement the decision on demolition or return the apartment building, the President of the People’s Committee of the province shall enforce the housing demolition or enforce the relocation;
+ The settlement of dwelling provided for the owners of the apartment building which is demolished shall comply with Article 116 of 2014 Vietnam Law on Housing.
In case the apartment building is demolished to rebuild a new apartment building, the owners are entitled to keep using the piece of land on which that apartment building is located; in case the apartment building is demolished to build another construction, the settlements of the piece of land on which that apartment building is located shall comply with regulations of law on land.
The private areas and common areas in apartment buildings
– The private areas in an apartment building include:
+ The interior of apartments including balconies, loggias attached to those apartments;
+ Other areas in the apartment building which are under private ownership of the homeowner of the apartment building;
+ System of private technical equipment attached to the apartments and other areas under private ownership.
– The common areas in an apartment building include:
+ The remaining area of the apartment building except for the private areas mentioned in Clause 1 of this Article; the community center of the apartment building;
+ Shared areas and supporting structure systems, technical equipment in the apartment building including frames, columns, load-bearing walls, enclosing walls, apartment-dividing walls, floors, roofs, terraces, corridors, stairways, elevators, emergency exits, garbage chute, systems of electricity supply, water supply, gas supply, communication system, radio, television, drainage, septic tanks, lightning conductors, fire fighting and other parts not under private ownership of the apartment building’s homeowners;
+ Exterior technical infrastructure but connected to the apartment building, except for technical infrastructure system which is used for public purposes or required to transfer to the State or the investor in charge of the approved project;
+ Public constructions in the apartment building area which are not built for commercial purposes or required to transfer to the State according to the approved project include public yards, flower gardens and other constructions mentioned in the approved residential construction project.
Parking lots and determination of floor area of apartments, or other areas in apartment buildings
– The investor must construct a parking lot for owners and occupiers in the apartment building including cars, two-wheel motorcycles, three-wheel motorcycles, bicycles and vehicles for the disabled according to the approved standards for construction and design, and ensure that the parking lot is used properly. The ownership or rights to use pertaining to the parking lot shall be determined as follows:
+ Any area used for bicycles, vehicles for the disabled, two-wheel motorcycles, or three-wheel motorcycles of owners or occupiers of the apartment building shall be under joint ownership and joint use rights of the apartment building’s owners;
+ Any buyer or lessee of apartments or other areas in the apartment building may buy or rent the area used for cars of the apartment building’s owners; in case h+she does not buy or rent that area, it shall be under management of the investor and the investor may not include the expenditures on the parking lot construction in the selling prices or lease purchase prices. The arrangement of parking lot for cars in the apartment building must follow the rules that the cars of the apartment building’s owners shall be given priority over other cars.
– The floor area of apartments or other private areas of apartment building’s homeowner shall be determined according to carpet area including the area of partition walls between the rooms and balcony area, loggia (if any) of the apartment, exclusive of its enclosing walls, separating walls between the apartments, floor area including column(s), technical boxes inside. When calculating the balcony area, the total floor area must be calculated; in case the balcony has shared wall, it shall be calculated from the inner edge of the shared wall.
Regulations on apartment building meetings
– Apartment building meeting is a meeting between owners or occupiers of the apartment building if the apartment building’s owners do not attend.
– The apartment building meeting shall be held to decide issues prescribed in Clause 3 and Clause 4 of this Article when the apartment building meets all requirements mentioned in the Statue on management and use of apartment buildings issued by the Minister of Construction.
– With respect to any apartment building having many homeowners (hereinafter referred to as multi-owner buildin+, the Apartment building meeting shall be held to decide the issues below:
+ Nominate, elect, or dismiss members of the Management board of the apartment building; pass, amend the Regulations on management and use of the apartment building;
+ Pass, or amend Operation regulation of the Management board of the apartment building; decide the responsibility allowance provided for the Management board members and reasonable costs serving the operation of the Management board;
+ Pass the charges of apartment building management services as prescribed in Article 106 of 2014 Vietnam Law on Housing and the use of funding for maintenance of common areas in the apartment building;
+ Decide to choose the managing organization of the apartment building in case the investor(s) are not in charge of apartment building management, or they are in charge of apartment building management but they refuse to manage the apartment building, or they manage the apartment building but they do not meet requirements as agreed in the agreement on service provision concluded with the Management board of the apartment building;
+ Pass the report on management operation, maintenance of common areas operation of the apartment building;
+ Decide other issues relating to the management and use of the apartment building.
– With respect to any single-owner apartment building, the Apartment building meeting shall be held to decide the issues prescribed in Point a, b and e Clause 3 of this Article.
– Every decision issued by the Apartment building meeting on issues prescribed in Clause 3 of this Article shall be passed under the majority rule by the voting by hands or ballots, which is recorded in writing, and signed by the members in charge of the meeting and secretaries of the meeting.
Regulations on Management board of the apartment building
– If the apartment building has fewer than 20 apartments regardless of single-owner building or multi-owner building, the homeowner(s) an+or the occupiers of the apartment building shall decide whether to set up or not set up the Management board of the apartment building; if the Management board of the apartment building is set up, it shall follow the procedures below:
+ Regarding the multi-owner building, the components of the Management board shall include the representative of the owner and the occupiers;
+ Regarding the multi-owner building, the components of Management board of the apartment building shall comply with Clause 2 of this Article.
– Regarding the apartment building having 20 apartments or above, it is required to set up the Management board of the apartment building. The members of the Management board of the apartment building shall include apartment building’s owners, representatives of the investor(s) (if any); in case the occupiers also attend the Apartment building meeting, the members of the Management board of the apartment building may include the occupiers.
– The Management board of the single-owner building shall be organized under autonomous model. The Management board of the multi-owner building shall be organized under model of Board of Directors of a joint-stock company or under model of Chairman of Board of Cooperatives, which has legal status, seal and exercise the rights and fulfill obligations as prescribed in Clause 1 Article 104 of 2014 Vietnam Law on Housing.
When electing or dismissing members of the Management board of the apartment building, the homeowners or occupiers of the apartment building are not required to set up a joint-stock company or a cooperative; the members of the Management board shall be elected or dismissed through the Apartment building meeting according to the Statute of management and use of apartment buildings issued by the Minister of Construction.
Rights and responsibilities of the Management board of the apartment building
– Regarding the multi-owner building, the Management board has rights and obligations to:
+ Remind the homeowners or the occupiers to conform to the Regulations or Statutes of management and use of the apartment building;
+ Manage and use the funding for maintenance of common areas in the apartment building as prescribed of 2014 Vietnam Law on Housing and decisions issued by the Apartment building meeting; send a report on receipts and expenditures on this funding to the Apartment building meeting;
+ Request the Apartment building meeting to pass the fees for apartment building management services;
+ Conclude an agreement on provision of apartment building management services with the investor or the unit in charge of apartment building management chosen by the Apartment building meeting as prescribed in Point d Clause 3 Article 102 of 2014 Vietnam Law on Housing.
In case the apartment building is not required to have the managing organization as prescribed in Point b Clause 1 Article 105 of 2014 Vietnam Law on Housing but it is transferred to the Management board of the apartment building by the Apartment building meeting, the Management board shall conduct the receipts and expenditures of funding provided for in the decision of Apartment building meeting;
+ Conclude an agreement with an housing maintenance unit as prescribed in law on construction to maintain the common areas of the apartment building and observe the maintenance operation. The maintenance of common areas may be carried out by the management unit of apartment building or the housing maintenance unit as prescribed in law on construction;
+ Collect opinion and suggestion from the occupiers about the management, use and provision of apartment building services, then cooperate with related competent agencies, organizations or individual in consideration;
+ Cooperate with the local governments, neighborhoods in adoption of civilized lifestyle, maintenance of social order and security in the apartment building;
+ Conform to Operation regulation issued by the Management board of the apartment building passed by Apartment building meeting, do not dismiss or supplement members to the Management board of the apartment building itself;
+ Receive responsibility remuneration and other reasonable costs as provided for in the decisions issued by Apartment building meeting;
+ Take legal responsibility, take responsibility to the homeowners or occupiers when they exercise rights and fulfill obligations inconsistently with this Clause;
+ Perform other tasks assigned by the Apartment building meeting in accordance with regulations of law.
– Regarding single-owner building, the Management board of the apartment building shall exercise rights and fulfill obligations as prescribed in Point a, e, g, h, I, k and l Clause 1 of this Article.
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Frequently asked questions
Apartment buildings are classified into different categories to determine the value of the apartment buildings when managing them or putting them onto the market.
The Minister of Construction shall regulate the classification and recognition for classification of apartment buildings.
The useful life of an apartment building is determined according to the class of the construction and conclusion on quality assessment provided by the housing authority of province where the apartment buildings prescribed in Clause 2 of this Article are located. The People’s Committee of the province shall grant funding to carry out the housing quality assessment.
Conclusion: So the above is Regulations on management and use of apartment buildings in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
