THE MINISTRY OF CONSTRUCTION
SOCIALIST REPUBLIC OF VIET NAM
Hanoi, June 2, 2008
GUIDING THE GRADING OF CONDOMINIUMS
Pursuant to the Government's Decree No. 17/ 2008/ND-CP of February 4. 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction:
Pursuant to the Government's Decree No. 90/ 2006/ND-CP of September 6, 2006, detailing and guiding the implementation of the Housing Law;
Pursuant to the Government's Decree No. 153/ 2007/ND-CP of October 15, 2007, detailing and guiding the implementation of the Law on Real Estate Business;
Pursuant to the National Technical Regulation on Construction Planning (QCXDVN 01: 2008/ BXD) and Designing Standard (TCXDVN 323: 2004);
Basing on the practical demand and helping state management bodies, organizations and individuals have grounds for condominium grading when participating in transactions on the property market, the Ministry of Construction guides the criteria for grading condominium use quality as follows:
I. GENERAL PROVISIONS
1. This Circular guides the criteria for the evaluation and grading of condominium use quality for condominium investors (owners) to conduct by themselves such evaluation and grading before participating in transactions on the real estate trading floor.
2. Graded condominiums must satisfy the current designing and technical regulations and standards: comply with construction detailed plannings approved by competent state bodies; and meet requirements on each condominium grade prescribed in Section II of this Circular.
3. The evaluation and grading of condominiums shall be carried out after projects, base designs and construction technical designs are approved by competent bodies, for every independent condominium (with one or many adjacent units forming a bloc). For a work already tested, accepted and handed over under the law on construction, its evaluation and grading must still ensure the criteria prescribed in this Circular.
4. Subjects of application: Institutional and individual investors of property development projects involving the construction of condominiums for commercial purposes; organizations and individuals wishing to buy, rent, rent-purchase condominiums under projects on new urban centers, projects on development of commercial houses; organizations and individuals doing business in property services: organizations and individuals involved in the management and development of condominiums under projects on new urban centers, projects on development of commercial houses. This Circular does not apply to condominiums being official-duty houses and social houses built by the Suite or different economic sectors.
II. CRITERIA FOR GRADING OF CONDOMINIUMS
1. Condominiums are evaluated and graded under the following groups of criteria:
a/ Group of planning and architectural criteria:
b/ Group of technical infrastructure and social infrastructure criteria:
c/ Group of criteria on finishing quality and equipment attached to condominiums:
d/ Group of criteria on quality of condominium use management services.
2. Requirements on each condominium grade
2.1. Condominiums are classified into the
a/ Grade-I (high-class) condominiums are those with the highest use quality, ensuring the requirements on planning, architecture, technical infrastructure, social infrastructure, finishing quality, equipment and use management service provision conditions, which reach the perfect level:
b/ Grade-II condominiums are those with high use quality, ensuring the requirements on planning, architecture, technical infrastructure, social infrastructure, finishing quality, equipment and use management service provision conditions, which reach the relatively perfect level;
c/ Grade-III condominiums are those with fairly high use quality, ensuring the requirements on planning, architecture, technical infrastructure, social infrastructure, finishing quality, equipment and use management service provision conditions, which reach the satisfactory level;
d/ Grade-IV condominiums are those with medium use quality, ensuring the requirements on planning, architecture, technical infrastructure, social infrastructure, finishing quality, equipment and use management service provision conditions, which are up to standards and satisfy conditions for putting to use.
2.2. Specific requirements on each condomi-nium grade are specified in the attached Appendix.
III. ORGANIZATION OF IMPLEMENTATION
1. Provincial-level People's Committees shall direct relevant functional bodies to guide, urge and inspect the implementation of this Circular in their respective localities.
2. The House and Property Market Management Department shall assume the prime responsibility for. and coordinate with relevant central and local functional bodies in. guiding and organizing the implementation: and periodically inspect and urge the implementation of this Circular.
3. Organizations and individuals violating the provisions of this Circular shall, depending on the severity of their violations, bear responsibility according to law; if causing material damage, they must pay compensation therefor. All disputes over housing transaction contracts related to condominium grading shall be settled on the basis of conciliation; if conciliation fails, they will be settled according to the civil law.
IV. IMPLEMENTATION EFFECT
This Circular takes effect 15 days after its publication in "CONG BAG" Previous regulations on condominium grading, which are contrary to this Circular will all be annulled.
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