Decision No. 08/2008/QD-BXD dated May 28, 2008 of the Ministry of Construction promulgating the Regulation on use management of condominiums

DECISION

PROMULGATING THE REGULATION ON USE MANAGEMENT OF CONDOMINIUMS

THE MINISTER OF CONSTRUCTION

Pursuant to the November 29, 2005. Housing Law;

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. 17/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of the director of the House and Real Estate Market Management Department.

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on use management of condominiums.

Article 2.-This Decision takes effect 15 days after its publication in "CONG BAO" and replaces the Minister of Construction's Decision No. 10/ 2003/QD-BXD of April 3,2003. promulgating the Regulation on use management of condominiums.

Article 3.- Ministries, ministerial-level agencies, government-attached agencies, provincial/municipal People's Committees and concerned organizations and individuals shall implement this Decision.

REGULATION

ON USE MANAGEMENT OF CONDOMINIUMS
(Promulgated together with the Minister of Construction's Decision No. 08/2008/QD-BXD of May 28, 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Purposes and requirements of promulgation of the Regulation

1. To improve the living conditions and ensure safety for users, ensure security and order: to establish urban civilized lifestyle in condominiums: to maintain the quality, architecture, beautiful look, and environmental sanitation of condominiums:

2. To define the rights, obligations and responsibilities of organizations and individuals involved in the use management of: condominiums

Article 2.- Scope and subjects of regulation

1. This Regulation applies to condominiums of all types and multi-story buildings with mixed-use purposes and flooring spaces used as residential apartments.

2. Subjects of application include organizations and individuals involved in the use management of condominiums.

Article 3.- Condominium use management principles

1. The use management of condominiums complies with the principles of self-management, compliance with the housing law. relevant laws and this Regulation.

2. The raising of funds for use management of condominiums and the management of such funds comply with the principles of self-financing, publicity and transparency: the contribution level of funds for management must not exceed the prices set by People's Committees of provinces or centrally run cities.

Article 4.- Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. A multi-owner condominium is the one with two or more owners.

2. An independent condominium is the one which is located separately from other condominiums.

3. A condominium group is a group of two or more condominiums which are located close to each other and share parts of public areas or technical equipment under common ownership.

4. A multi-story building with mixed-use purposes is the one with different flooring spaces used for different purposes (office, department store, residential apartment and other purposes).

5. Privately owned sections in condominiums include:

a/ Flooring spaces inside apartments, including balconies and loggias attached to such apartments:

b/ Other areas in the condominiums, which are recognized as being under private ownership according to law;

c/ Technical equipment systems for private use which are attached to apartments or sections under private ownership.

6. Common-ownership sections in condominiums include:

a/ The remaining flooring spaces of condominiums other than those under private ownership defined in Clause 5 of this Article:

b/ The space and force-bearing structure systems, technical equipment for common use in condominiums, including frames, pillars, force-bearing walls, wails surrounding condominiums, walls partitioning apartments, floors, roofs, terraces, corridors, stairs, elevators, exits, garbage discharge cages, technical boxes, vehicle parking, power, water and gas supply, communication, radio and television, water drainage, underground toilet tank, lightning-arresting and fire-fighting systems and sections not under private ownership of any apartment:

c/ External technical infrastructure systems connected to the condominiums.

7. Investors are persons who own capital or are assigned to manage the use of capital for investment in the construction of condominiums according to law; and who directly sell condominium apartments to buyers.

8. Condominium management units are organizations currently assignee to directly manage such condominiums.

9. Condominium owners are organizations or individuals lawfully owning privately owned sections in the condominiums.

10. Condominium users are organizations or individuals law fully using privately owned sections in the condominiums.

11. Condominium operation management enterprises are units having professional capability for managing the operation of condominiums, which are set up and operate under the law on enterprises.

Chapter II

USE MANAGEMENT OF CONDOMINIUMS

Section 1. CONTENTS OF USE MANAGEMENT OF CONDOMINIUMS

Article 5.- Condominium operation management

1. Condominium operation management covers management of the control and maintenance of the operation of equipment systems (including elevators, water pumps, standby electricity generators, technical infrastructures and other equipment) under common ownership or common use of condominiums: the provision of services (security, sanitation, garbage collection, flower garden or ornamental tree tending, insect killing and other services) to ensure the normal operation of condominiums.

2. The operation of condominiums must be performed by enterprises having the professional capability for management of condominium operation.

Article 6.- Condominium maintenance

1. Condominium maintenance covers maintenance, small repairs, medium repairs and overhauls of condominiums in order to preserve their quality. The maintenance complies with the provisions of the Minister of Construction's Circular No. 08/2006/TT-BXD of November 24, 2006, guiding the maintenance of construction works.

2. Condominium maintenance must be undertaken by organizations having the legal person status and the function for construction activities suitable to the maintenance contents.

Article 7.- Condominium transformation and demolition

Condominium transformation and demolition comply with Articles 81, 83, 84, 85, 86, 87, 88 and 89 of the Housing Law; Articles 55 and 56 of the Government's Decree No. 90/2006/ND-CP of September 6, 2006, detailing and guiding the implementation of the Housing Law (below referred to as Decree No. 90/2006/ND-CP for short) and Resolution No. 34/2007/NQ-CP of July 3, 2007, on a number of solutions to the transformation or re-construction of damaged or degraded old condominiums.

Article 8.- Preservation of condominium files

House owners (for single-owner condominiums) or condominium owners shall compile and keep files under Clause 2, Article 66 of the Housing Law.

For a multi-owner condominium, the preservation of files on sections under common ownership is provided as follows:

1. The Management Board shall keep and preserve the drawings and files mentioned in Clause 2 of this .Article and supply them to the condominium operation management or maintenance units when so requested. If the Management Board is not yet set up. the investor or unit currently managing the condominium shall compile and preserve the files and hand them over to the Management Board once it is set up.

2. The preserved files comprise construction completion drawings and dossiers related to the process of maintaining and operating the condominiums. For condominiums put to use before the effective date of the Housing Law but having no construction completion drawings, the investors or units currently managing the condominiums or Management Boards shall measure and make such drawings again.

Article 9.- Regulations on use management of condominiums

1. Every condominium must have its own regulation on its use management with the following principal contents:

a/ Responsibilities of organizations (the investor or the condominium management unit the operation management enterprise and the Management Board) in the use management of the condominium under the provisions of this Regulation;

b/ Rights and obligations of lawful condominium owners or users;

c/ Acts prohibited in the use of the condominium:

d/ Charges and charge rates paid for the operation management and maintenance of the condominium and other reasonable charges;

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