IT ' S SMART

Issued Q managery, use the apartment house

_____________________

House Law at 65/2. 0 14/QH13;

"Resolution 62/20". 1 3/ND-CP June 25, 20 1 3 of the Government to define functions, duties, powers and muscles. All the organization of the Ministry of Construction;

It's Decree 99/20. 1 5/NĐ-CP on 20 October 2015 of the Government rules out details and guidelines for a number of the provisions of the Housing Law;

At the suggestion of the Director of the Bureau of Administration Why? Home and real estate market,

Minister of Construction. b Administration of the Administration of Management, using the apartment house.

Number one. It is accompanied by this Information Regulation, the use of the apartment house.

Second. It has been in effect since 2 April 2016. The following documents run out of effect since this Private Day is in effect:

a) 08 /2008/QD-BXD May 28, 2008, of the Minister of Construction for the Management of the Governing Body of the Common House;

b) Digital 05 /2014/TT-BXD May 9, 2014, of the Minister of Construction on amendments, the addition of Point A 2 Article 17 of the Management Regulation using the operator issued under Decision No. 1. 08 /2008/QD-BXD May 28, 2008, of the Minister of Construction.

The regulations on management, the use of the apartment building by the Ministry of Construction, ministries, and the People's Committee of the Provinces, the Central City of the Central Committee before this date of the Information are enforced, which is different from the provisions of the regulations of the Regulation. management, the use of a condomisitum is issued with this Smart, implementing the provisions of the Management Regulation, the use of the apartment house issued with this message.

Third. The Minister, the Prime Minister, the Government of the Government, the Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the organizations, the individual is responsible for the implementation of this L/.

KT. MINISTER. CAPTAIN. (signed) Hong Kong

STATUTE

MANAGER, USE THE APARTMENT HOUSE

(The Board is attached to the Digital Information 02 /2016/TT-BXD February 15, 2016 t Ministry of Construction.

Chapter I

COMMON RULES

What? 1. Ph Yes. Micro-tuning

1. This statute applies to condomed condomiers to stay and the apartment has the purpose of using the mixture used to stay and use on other purposes by regulation at Home Law at No. 1. 65 /2014/QH13 (later known as Housing Law), including:

a) Trade Common House;

b) Social condomes, except for the condomiers of Article 2;

c) The apartment building resettlement;

d) The former state-owned apartment building has been renovated, rebuilt.

2. Encourage to apply the provisions of this Regulation to the former state-owned apartment house that has not yet been renovated, rebuilt. For social condomes only for students, students and workers in a collective form of people in one room are not subject to the regulation of the statute.

What? 2. Subject applies

1. The owner of the project building the apartment building; the owner, who employs the apartment house; the board of condomiers; the management unit operating the apartment house.

2. The state governing body is involved in the management, use of the apartment house.

3. The organizations, other individuals are involved in the management, use of the apartment house.

What? 3. Explain words

In this Regulation, the words below are understood as follows:

1. The apartment house. is the residence specified at the Third Article 3 of the Housing Law.

2. Apartment building. is an apartment block (with one or several units) built under the planning and project files approved by the authority.

3. Apartment cluster. is a collection of two or more apartment buildings built on a planned property, approved by the authorities, and have the same form of an owner or owner.

4. The apartment house. There's a purpose. Okay. in is an apartment building designed, built for use only for the purpose of staying.

5. The apartment building has a purpose. I have n- is an apartment building designed, built for use on purpose and other purposes such as office, service, commerce.

6. The owner of the construction project. is the owner of capital or organization, the individual who is given the management, which uses capital to implement a housing construction investment project, which has an apartment under the provisions of the Housing Law and the relevant legislation (the latter is generally the owner of the investment).

7. The owner of the apartment. is the owner of the apartment and the other area owner is not the apartment in the apartment house.

8. The man who uses the apartment house is the owner who is directly using the apartment house or organization, households, individuals who are using apartment legal, other parts of the apartment complex through the form of rent, borrow, at thanks, are authorized using the use or use by the decision. of the authority of the authority.

9. The owner of the apartment owner or other area is not the apartment in the apartment. who represents the owner of each apartment, each of the other areas not the apartment in the apartment house or the legal user if the owner does not use it and has a legal mandate (later known as the owner of the apartment).

10. The apartment has one owner. Only one owner for the entire apartment and not sharing a share of the shared ownership, private ownership.

11. The apartment has many owners. is the apartment house that comes from two or more owners, including the private ownership of each owner and has a shared ownership share, the common use of the owners.

12. Joint ownership of the apartment building is the area, the equipment system, the engineering infrastructure that is regulated at Section 2 Article 100 of the Housing Law but is in common ownership, the common use of the owners of the apartment building.

13. The communal ownership of the apartment complex. is part of the area, the equipment system stipulated at the point b 2 Article 100 of the Housing Law but only in the common possession, the common use of the owners of the apartment complex.

14. General ownership of the office district, service, commerce. is part of the area, the equipment systems stipulated at Point 2 Article 100 of the Housing Law, but are only in common, the common use of the owner of this function.

15. Joint ownership of the apartment cluster is the area of the area, the structures, the equipment system, the general ownership technical infrastructure system, the common use of apartment cluster owners, including water tanks, electric generator, phosphates, water pumps, public gardens (if any) and others. works, the other device built, built under the approved design for general use for multiple buildings entering the apartment cluster.

What? 4. Principles of Management, Use of Common House

1. The apartment house must be used correctly, the purpose of designing and content of the project is approved.

2. Management, the use of condomiers must comply with the rules of management, the use of each of the condomiers, the provisions of the law on housing, this Regulation and the relevant legislation.

3. The closure of the executive management fee is made under the agreement between the owner, who uses the apartment house with the operating management unit on the basis of the laws of the housing law. The use of operating management funding, the maintenance budget of the general ownership of the condomiers must guarantee the right purpose, public, transparent, in accordance with the provisions of the law on housing and the Regulation; the contribution of fees, fees in the course of use. They must obey the rules of law.

4. The owner, who uses the apartment house to pay the maintenance fee, the operating management budget, the operating budget of the House Board of Directors and the charges, the other fee in the process of using the apartment according to the Regulation of this Regulation and France. The law is relevant; it has to take over the administration of the administration, the use of the apartment house, the regulation of the law on housing, the statute and the relevant legislation in the management process, using the apartment house.

5. The apartment board on behalf of the owners, who is using to implement the rights and responsibilities involved in the management, use of the apartment by the regulation of the law on housing and the Regulation; the case of the apartment building does not begin. It is forced to form the Board of Directors under the rules of the Housing Law, the owners, who are using the self-agreement of the cohabitation management.

6. The disputes, complaints related to the management, use of the apartment house to be settled under the provisions of the Housing Law, this Regulation and the relevant legislation.

7. Every behavior violation of management, using the apartment house must be processed in time, strictly under the rule of law.

Chapter II

MANAGEMENT CONTENT, USING THE APARTMENT HOUSE

What? 5. Set up, table and store apartment records

1. The owner of the apartment house must establish and store the records of the housing as prescribed at Article 76 and Article 77 of the Housing Law.

2. The investment owner is responsible for the filing of the apartment house; this profile includes:

a) The investment project record for the construction of the apartment building has been approved by the authorities, including legal records of the project and the completion record under the law of construction; for the apartment house no longer legal records, the completion record must be set up. remeasuring the cohabitation of the apartment (later known as the approved project profile);

b) The state maintenance process by the owner of the investment organization and approx by the rule of the law of construction;

c) The process of maintenance of the equipment belonging to the common ownership of the apartment house provided by the supplier of equipment;

d) The mapping of the area to the car by the owner of the capital on the basis of project and design records was approved, which defined the area for vehicles to the owners, who use the apartment house (including the garage in the joint possession, the car for cars) and the area. To the public car.

3. The storage of the prescribed apartment records at paragraph 2 This is specified as follows:

a) The investment owner is responsible for storing the prescribed profile at paragraph 2 This Article; in the 20-day period of work, since the day of the apartment board of the apartment house or the representative house management (for the non-establishment of the Board) has a required text. The confines of the apartment building, the owner of the capital, is responsible for the delivery of the 02 set of medical records from the official government of Article 2 of the Committee for the House of Common;

b) After receiving the condomuation of the apartment, the General Board is responsible for hosting and administing this case; the case of the condoman must have the operating management unit under the provisions of the Housing Law, the General Housing Board must provide a collection of records. The owner of the investment management unit, except for the operating management unit, is the owner of the investment;

c) The case is too long for regulation at this point, which the owner of the investor does not hand over the apartment, the House Board of Directors has a written proposal to the District People's Committee, the district, the town, the city in the province, where the apartment house is located (the following is a common name). The District People's Committee requires the owner to hand over the files.

During the 5-day period of work, since the date of receiving a proposal by the General Board of Directors, the District People's Committee must check, if the investment owner has not handed over a prescribed apartment record, there must be a written request for the owner of the exchange. In the 10-day period of work, since the date of receiving the text of the District People's Committee on which the non-condomiers have been handed over the apartment records, they are dealt with by law on the law of administrative sanctions in the field of management, use of housing and housing. It is forced to hand over the provisions of the Common House according to the rules of the statute.

4. Before the condomiate of the apartment profile, the investment owner and the General Housing Board or the representative manager of the apartment house must carry out the inspection of the equipment page, deleking the actual ownership of the apartment building under the provisions of the Housing Law; The actual delivery of the crime scene and the condomiate of the apartment building must form the confirmation of the parties.

What? 6. Manage private ownership in the apartment house with many owners.

1. The area of the area and the equipment owned by the owner of the specified owner at Clause 1 Article 100 of the Housing Law must be specified in the purchase contract, the lease for the apartment or the other part is not the apartment in the apartment house (the following call) It's a deal to buy, buy apartments.

Attached to the purchase contract, the apartment lease, the investment holder must provide the drawing by regulation at Point 2 Article 5 of this Regulation for the buyer, rent.

2. The case of a purchase contract, which rents out the apartment prior to the date of the statute effective, the identification of the area, the equipment of its own possession, and the provision of accompanying drawings made under the law of housing law at home. the time of contract signing; the legal case of the non-regulated housing law, determined by agreement in the purchase contract, rent the apartment.

3. The apartment owner may directly or authorize someone to manage its own ownership but the use of this private ownership must guarantee the right design, the purpose of which has been approved and not to be affected by the use of the public. the private ownership of the other owners or the general ownership of the apartment house.

What? 7. General ownership manager, general use of the apartment house with multiple owners.

1. The area of the area and the shared equipment systems of the owners of the apartment building are determined by the provisions at Section 2 Article 100 of the Housing Law and must be specified in the purchase contract, which is leased to the apartment. Attached to the purchase contract, the lease of the apartment must have a common ownership portfolio under the provisions of the Housing Law; the general ownership of the apartment house must be used for the right purpose, the right design capacity approved.

2. For the work of catering to the living of the owners, who uses the apartment house that the person must hand over to the State of Management under the approved but unhanded project the owner is responsible for managing these works; after the end of the deal. The State of the State is administered by the State Council, which is responsible for management, maintenance and use by the right purpose, the approved design capacity.

3. For the work serves on the living of the owners, who use the apartment building that the owner of the investment building to business according to the approved project content, the owner has the right to own and is responsible for management, maintenance of this work.

4. For the general ownership of the apartment building that is intended to stay, the owners of the apartment are in charge of the same management; if the condomiers must have the operating management unit assigned to the operating management unit management of this ownership; the case. It is not part of the operating management unit, the condomiers decide to hand over the House Board of Directors or to give it to the other.

5. For the general ownership of the apartment building with the purpose of use of the mixture, do the management by the following regulation:

a) The separate undivided case is shared by the common ownership of the office, service, commerce with the apartment complex, the owners of the apartment holders responsible for the same management; the management of the joint ownership is carried out. It ' s now stipulated at Section 4 of this.

b) The separate split case is shared by the common ownership of the office district, service, commerce with the apartment complex, the owner of the apartment complex is responsible for managing the common ownership of the apartment complex; the management of the joint ownership of this joint is carried out. I mean, according to the regulations at Section 4 This. For the general ownership of the office area, service, commerce is managed by the management unit, if the apartment house is not operated by the owner of the operation.

For the overall ownership of the entire building, the owners of the apartment are in charge of the same management; the management of this joint ownership is carried out by regulation at Clause 4 This.

6. For the community biologist of the apartment building, either the owners or the Board of Directors (if the apartment has the Board) or the executive management unit carrying out the management in accordance with the decision of the apartment house.

7. For the general ownership of the apartment cluster, the Board of the apartment cluster on behalf of the owners to manage this joint possession section.

8. The case of a purchase contract, which rents out the apartment prior to the date of the statute effective, the identification of the common ownership of the apartment is carried out under the law of the housing law at the time of the contract signing; the law enforcement case. There are no regulations at home, determined by the deal in the purchase contract, renting the apartment.

What? 8. Property rights and differential. Management What? The garage of the apartment building.

1. Place to the apartment of the apartment building to be built into standard, construction standards, and approved design profiles. The parking space can be arranged in the basement or at the first floor or in the other part of the apartment in or outside the apartment building and is noted in the purchase contract, rent-to-apartment; the garage must be used properly according to the approved project content. The rules are on the rules of Article 101.

2. For the condomiers there is a holder where the vehicle is owned by the owner, the manager of the owner but must be used in accordance with the approved project content, the provisions of the Housing and Regulation Law. The case of a condomy must have a management unit, since it is operated by the management unit that manages the vehicle; if it does not have an operating management unit, the owner self-manages or hires the other unit to perform a place management.

3. For a joint-owned vehicle in accordance with the regulation at Point A 1 Article 101 of the Housing Law is administered by the operating management unit; the case of the apartment building does not have a operational management unit but the property must have the Home Board. Condomuated under the rules of the Housing Law, the general assembly decides to hand over the Board or other unit on behalf of the owners to manage the accommodation; if the apartment house is not a management unit and no Board of Directors is required. The most unionfully owned, self-governing body, or other unit, does manage a place for this car.

4. For the automobile parking space for the holders of the condomiers stipulated at Point 1 Article 101 of the Housing Law shall follow the following regulation:

a) The buyer, the lease of the apartment or the other part of the apartment house (later known as the buyer of the apartment), decides to buy or rent a car for a car for the owners of the apartment in accordance with the provisions of the Housing Law.

Where the apartment building has enough room for each apartment and the apartment buyer has the need to buy or rent a place, the owner of the investment must settle for sale or lease the place to the car but must guarantee the principle of every owner of the apartment or its share. Others in the apartment are not purchased, built beyond the number of places to be designed, built under the approved project for an apartment or part of the private property in the apartment house;

b) The case of the apartment building does not have enough room for car cars for each apartment, the owner of the deal is sold, renting a place to this car on the basis of the agreement of those who buy the apartment together; the case of those who buy the apartment is not compromised. solved using the method of drawing to be bought, rented a place for this car;

c) The purchase, lease for the car to be specified at the point a and point b This clause can be shared in the purchase contract, rent out the apartment or make a private contract; the rent to the car is paid monthly or periodically, the purchase money for the vehicle is paid. Once or for a slow, repayment of the terms of the parties. The car rental case is the responsibility for closing the operating management fee, which costs the car to be paid by the parties in the lease for the car; the purchase case for the car, the buyer must pay the cost of management, the cost of keeping the car. the regulation of the law and by agreement with the service provider;

d) The buyer of the car to the car if there is a transfer need or lease of a place to be transferred, it is only transferred, leased to the owners, who are using that same apartment or transfer back to the investment owner;

Where the buyer is, in the case of the buyer, the lease of the apartment is not bought in the purchase contract, the parties must be specified in the purchase contract, and the purchase of the apartment is the portion of the owner's ownership and management of the investment owner, the owner of the investment. It ' s the cost of investing in the sale price, the rent, the rent, the buyer ' s lease, the rent, the rent, the owner of the car, the owner of the car, and the purchase price, and the purchase of the car for the purchase price.

e) The place for cars to be regulated at this clause is administered by the operating management unit; the case of the apartment building is not required by the governing management unit under the rules of the Housing Law, the owners self-managed or otherwise hire other units to manage the vehicle.

5. The management of the accommodation for the public vehicle of the apartment house (the accommodation for the objects that is not the owner, who uses the apartment house) is done according to the following regulation:

a) The case of the owner of the office function, the service, the commercial purchase of the owner's public vehicle, the owner of this function is responsible for management;

b) The case is owned by the investment holder, the owner of the investment is responsible for management; if the owner of the office function, the service, the investment owner's lease, the management of the place for this vehicle is made under the agreement of the lease for the vehicle;

c) The case for public vehicles managed by the State according to the approved project profile, the unit entrusted by the State of the State is responsible for the management of the vehicle.

6. Organization, the individual who owns the car as specified in Clause 4, Clause 5 This is responsible for closing the operating management fee and carrying out the maintenance of the parking space; the rental case is responsible for the maintenance of the vehicle to be made under the agreement. In the lease for the car.

What? 9. Administration of management, use of apartment house

1. The condomes of the applicable scope of this Regulation must have the Governing Cabinet, which uses it with the specified content at paragraph 2 This Article and compliance with the prescribed pattern at the appendix 01 issued by this Statutor.

2. The inversion of the administration, which uses the apartment house with the following key content:

a) Regulation applicable to the owner, the user, the caretaker and the visitor into the apartment house;

b) The conduct is strictly prohibited in the use of condomiers and the handling of administrative violations of management, using the apartment house;

c) Regulations on the use of common ownership of the apartment house;

d) Regulations on the repair of the damage, change of equipment in its own possession and handling when there is a condomiation of the apartment;

Regulations on the chamber, fire fire in the apartment building;

e) Regulations on the public use of information related to the use of the apartment house;

g) Regulations on the obligations of the owners, who use the apartment house;

h) Other regulations depend on the characteristics of each apartment building.

3. The case has not yet hosted the first condomated state convention, the owner of the capital is responsible for the construction of the Cabinet of Management, using the prescribed apartment in Clause 1, Clause 2 This, attached to the purchase contract, rent out the apartment and public publication of the Cabinet. This is in the community housing area, the lobby and the reception area of the apartment building.

4. When the first condomiers ' conference is held, the conference may review, amend, add the management of the cabinet, use the condomiers due to the capitalization but the revised content is not contrary to the rule of law on the housing and regulation of the government. This rule. After the first condomuation conference, the House Board of Directors or the representative manager of the condomiers for the non-establishment of the Board was responsible for public recognition of this Cabinet in the community-community housing area, the lobby and the building. The reception area of the apartment building.

What? 10. Managing General Manager

1. Operate management operations include the following work:

a) Control, maintenance maintenance, frequent maintenance of elevators, water pumps, electrical generator, automatic fire alarm systems, firefighting systems, firefighting equipment, spare parts and other devices in common ownership, joint use, and more. of the apartment building, the apartment cluster;

b) Provides protection services, environmental hygiene, garbage collection, garden care, landscape, insect, insect and other services guarantee normal activities;

c) Other jobs are relevant.

2. The case of the apartment building must have the operating management unit under the stipulation at the Point A 1 Article 105 of the Housing Law, all the regulatory work at Clause 1 This must be performed by the operating management unit; owner, user is not available. It is leased from different services to perform operations management. A condomuation management unit may sign a contract with the service provider to carry out the management management work, but is responsible for the management of the operation under the contract that the service contract has signed with the Board of Directors. The apartment house.

What? 11. Maintenance of the apartment

1. The apartment maintenance activity includes the inspection, observation, quality control, small repair, periodic repairs and large repair of the apartment building; inspection, maintenance of fire safety systems, firefighting; replacement of components or other components of the building, maintenance and maintenance of buildings. the general use of the building, the apartment building.

2. The apartment owner is responsible for the maintenance of its own ownership and contributes to the funding to make maintenance of the general ownership of the apartment by the provisions of the Housing and Regulation Law.

The case with its own possession damage that affects other owners, the owner is responsible for fixing those damage, if the owner does not make repairs, the operation management unit or the person who is assigned the apartment manager is temporarily suspended. stop or offer a unit to provide a temporary service provider to provide electrical, water-based services to this private ownership; the case with the damage to the common ownership in the area of its own, the owner of its own owner is responsible for creating it. Sue and support unit management units, the unit to repair these damage.

3. The maintenance of the construction portion of the apartment building must be provided by a unit of capacity under the regulation of law on the construction of the construction; the maintenance of the equipment systems of the apartment building must be due to the capacity unit corresponding to the maintenance work. A unit of maintenance management units with a maintenance capacity can lease this unit to perform maintenance.

4. During the time of the first public assembly meeting, the maintenance of the joint ownership of the apartment building was carried out under the regulatory maintenance process at Point b and Point 2 Section 5 of the Regulation.

5. After having held the first public house conference, the maintenance of the joint ownership of the apartment building has many owners to take on the regulatory maintenance process at Point b, Section 2 Article 5 of this Regulation and the annual maintenance plan due to the conference. The condoman adopted by the statute; the case of sudden or damaged or damaged damage caused by natural disasters, fire, the House Board of Directors decided on the provisions of the Statate of Regulation and the relevant law, but it must be reported. The last meeting at the last meeting.

6. The implementation of the maintenance of the general ownership of the apartment building is carried out under the regulation at Section 4 Chapter III of this Regulation.

Chapter III

MANAGEMENT OF THE ADMINISTRATION, USING THE APARTMENT HOUSE.

Item 1

APARTMENT CONFERENCE

What? 12. The General Assembly

1. For the apartment house with one owner, the apartment conference is a conference of the owner ' s representative and the employer.

2. For the condomiers who have many owners, the apartment house conference is the conference of the representative of the apartment holders or who is using if the owner is not in attendance (including the case that has received the intersection or other area in the general house). But we haven't paid the money for the investment owner, except for the termination of the purchase contract, rent the apartment.

3. The General Assembly has the right to decide which content is related to the administration, use of the condomiers as prescribed at Article 102 of the Housing Law and regulations at this Statutor.

What? 13. i The first one, the first one.

1. The conditions for the organization to hold the first state conference are stipulated as follows:

a) The conference of the apartment building must be held for a 12-month period, since that same date was handed over to the use and a minimum of 50% of the number of apartments has been handed over (including the number of apartments the owner retains not to sell); the case is too much. The statute of limitations at this point in which the apartment building has not already had 50% of the apartments being handed down, the apartment conference is held after 50% of the apartments are handed over;

b) The conference of the apartment cluster is held when a minimum of 50% of the apartments of each building in the cluster have been handed over (including the number of apartments the owner retains not to sell) and has a minimum of 75% of the owner ' s apartment owners who have received the table. I mean, the use of the building agrees to enter the apartment building.

2. The condition of the number of people attending the first state assembly meeting is set to be as follows:

a) For the conference of the apartment building, there must be a minimum of 75% of the owners of the apartment holders who have received the attendance table; the case of the first summons, which is not enough 75% of the apartment owners to attend, summons the second conference at night. That ' s 50 percent of the ownership of the apartment owner who ' s been in attendance. If a second conference call without sufficient attendance at this point, it is recommended that the People's Committee, the ward, the town where the guild (later known as the District People's Committee) are organized by convention. It ' s at Section 5;

b) For the conference of the apartment cluster, there must be enough people who have agreed to enter the building into the same apartment cluster as stipulated at the point b 1 This is in attendance; the case of the first convening of the conference without sufficient attendance at the convention is convened. The second conference when a minimum of 50 percent agreed to enter the building into the participating apartment cluster; if the second conference was not enough to attend, the committee recommended that the People's Committee be held in accordance with the provisions of Article 5. This, except for the case of the building in the cluster meeting its own condomiers, is specified at this point.

c) The case of apartment building in the cluster does not have enough people to attend the apartment cluster conference after the second convening at the stipulation at this point b, the owners of this building may hold a joint house conference to form the Board of Directors. It's a separate building at the point of this one.

3. Owner (if the apartment house has multiple owners) or owner (if the apartment house has a owner) responsible for preparing the content of the meeting, announcing the time, location, and organization of the formal conference meeting for the owners, who use it to the public. The apartment house. The owner or owner may hold a preparable meeting to prepare the content for the official condomiation conference. The preparation content for the first condomiers consists of the following work:

a) An examination, which determines how to represent the owner of the apartment to the conference; the authorized case must have a legal proxy document;

b) The draft of the assembly of the condoman house conference;

c) Expected to propose a revision, additional internal management, use of the apartment house (if any);

d) The draft statute of the condomiation Board, which proposes the name of the Board by statute at the Point A 1 Article 23 of this Stator, proposes the list, the number of members of the Board, envisaged the Head, the Deputy Board (if the apartment is part). The Board must have;

For the condomiers, many owners are required to prepare additional content, including a proposal for a public service management service price, a draft plan to maintain the general ownership of the apartment building, which proposes the operating management unit in the case. The condoman must have an operation management unit but the owner does not have the function, operational management capacity or function, the operation management capacity but does not participate in operation management and no mandate for other units operating the operation; the case is required. The General House must have the Board of Directors to propose the operational model of the Board of Directors, the draft statute of operations and the procurement process, the finance board of the Board. -

e) The service price notification must be paid such as swimming pools, gym, tennis courts, spa areas, supermarkets and other services (if any);

g) Other proposals are related to the management, using the condomiers to report the first condomyship conference.

4. The first condoman Conference decided the following contents:

a) the statute of the condomiate conference (including first meeting, annual meeting and extraordinary meeting);

b) The statute of elections of the apartment house, the name of the Board, the number, the list of board members, the Head, Deputy Board (if the apartment house has a Board of Directors);

c) Modified, the internal supplemation of management, use of the apartment house (if any);

d) Regulatory content at point 3 This Article; in particular for the management of a condomiate management service, the condomiserate council decides on the basis of the provisions of this Regulation and the agreement with the operational management unit;

) The funds that the owner, who use the apartment house must contribute in the process of using the apartment house;

e) Other content is relevant.

5. The ward-level committee is responsible for organizing the first condoman conference when there is one of the following cases:

a) The apartment house has been handed over to a 12-month period of use and has had enough 50% of the number of houses handed over by the stipulation at Point 1, but the investment holder does not hold the apartment house, and the owner of the apartment owner has received it. The meeting of the Committee on the Committee of the People's Committee, the meeting of the meeting;

b) The investment holder has been held for a joint conference meeting but there are not enough people to attend the convention under the stipulation at clause 2 This and the owner or representative owner of the apartment has the text to recommend the House People's Committee to hold the conference.

6. For a 30-day period, since the date of the application of the owner's representative the apartment or receiving a written statement of the holder by the provisions of Article 5 of this Article, the Board of the People's Committee is responsible for organizing the first public house conference. The results of the first condominship conference were held by the Committee of the Governing Guild, which was applicable to the owners, who were using the apartment house as the condomiers ' conference hosted by the investor.

What? 14. The extraordinary apartment meeting

1. The unusual apartment house conference is held when there is one of the following cases:

a) elect the Head of the Board or the Deputy Board of Directors due to its dismissal, the waive or death, the disappearance; the case of replacing the vice-board as the representative of the investment holder then the owner of the other. usually;

b) the full exemption or waive of members of the board members and the new board of directors;

c) The replacement of the board member is not the Head of the Board, the deputy due to be dismissed, waive or dead, missing in the event that held the opinion of the apartment holders but not enough the number of people agreed on the stipulation at Point b. Paragraph 3 Article 26 of this Stator or to replace the Member of the General Board in accordance with the provisions at point b 4 Article 26 of this Regulation;

d) The General House Board of Directors recommended replacing the operating management unit or offering adjustments to the management of the apartment building management services;

Other cases when the proposed application of over 50% of the ownership of the apartment is handed over.

2. The condition of the number of people attending the unusual apartment building conference is stipulated as follows:

a) The case of a joint house conference meeting to decide on one of the stipulated issues at points a, b, c or d 1 This would have to be a minimum of 50% representative of the apartment owner who received the consultation table;

b) The case of a joint house conference on the recommendation of the holders of the apartments stipulated at the point of clause 1 This Article must have a minimum of 75% of those who have been proposed to hold an unusual apartment meeting.

3. The condition of the number of people attending the unusual apartment cluster conference is stipulated as follows:

a) The case of a joint house assembly meeting to elect the Head of the General or the entire Board of the Joint House Board or to decide the rules specified at the end of Article 1 This must have a minimum of 50% of the apartment owners who have received the table of the cluster. All right, the apartment house.

In the case of each building in the cluster there is a separate operating management unit that has a proposed building change management unit or recommended that the building's operating management price adjustments are required to have a minimum of 50% of the owner's owner. It took the council's hand to attend and only held the extraordinary apartment meeting of this building to decide;

b) The case of the replacement of the Board of Directors or Board members is the representative of the building in the apartment cluster, which only organizes the unusual apartment meeting of this building to elect another member; the meeting of the building is organized. a meeting to elect a replacement when a minimum of 50% of the apartment owner's representative accepted the building's hand in attendance;

c) The case of organising the apartment cluster at the request of the holders of the apartment specified at the site of the Article 1 This must have a minimum of 75% of those who have had a petition to hold an unusual apartment cluster meeting.

4. The apartment board is responsible for preparing the content, announcing the time, location and organization of the formal conference meeting for the owners, who use the apartment house.

5. The ward-level committee is responsible for organizing the condomiation of the condoman, an unusual apartment cluster to decide on one of the specified content at points a, b or c 1 This Article when there is one of the following cases:

a) The apartment board of the apartment complex has hosted the apartment house convention, the unusual apartment cluster but there are not enough people to attend under the regulation at Point A 2 or Point 3 This Article and have the proposed text of the House Board of Directors;

b) The order of a minimum of 50% of the apartment owner representation has received the offer to hold an unusual apartment conference to decide whether one of the rules specified at the points a, b or c 1 This is but the House Board is not organized. House conference, irregular apartment building.

6. For a 30-day period, since the date of receiving the Board's recommended text or receiving the application of the representative property of the apartment specified in paragraph 5 This, the guild's committee is responsible for organizing an unusual apartment meeting. The results of the extraordinary apartment conference held by the Board of the Governing Ward are applicable to the owners, who are using the condomiers as the joint house conference held by the Organisists of the House of Deputies.

What? 15. Annual General Meeting

1. The annual General Assembly Meeting is held once a year when a minimum of 30% of the apartment owners who have received the table attended or have fewer numbers due to the uniongeal joint owners. The condomiers ' conference, the annual cluster of apartment houses with the following content:

a) Hear the report results of the operation of the Board and through the revenues, the annual spend of the House Board of Directors;

b) Review, through the funding decision maintenance of the general ownership of the apartment house for the year and through the plan to maintain the joint ownership share of the following year;

c) Listen to the management of the management of the apartment building;

d) Decided other content by regulation at Article 102 of the Housing Law (if any).

2. For the annual conference of the apartment building that combined the decision of one of the following issues then there must be a minimum of 50% of apartment owners who have received the concourse of attendance:

a) elect the Head of the Board or the Deputy Board of Directors due to its dismissal, the waive or death, the disappearance; the case of replacing the vice-board as the representative of the investment holder then the owner of the other.

b) the full exemption or waive of members of the board members and the new board of directors;

c) The replacement of the board member is not the Head of the Board, the deputy due to be dismissed, waive or dead, missing in the event that held the opinion of the apartment holders but not enough the number of people agreed on the stipulation at Point b. Paragraph 3 Article 26 of this Regulation or the elected member of the House of Governing in accordance with the stipulation at Point 4 Article 26 of this Regulation.

3. For the annual General House Cluster conference that combined the decision to elect the board of directors or to decide the rules of regulation at Point b, Point 1 Article 1 Article 14 of the Regulation should have a minimum of 50% of apartment owners who have received the transaction. of that same apartment building.

4. The apartment board is responsible for preparing the content, announcement of the time, location, and organization of the formal conference meeting for the owners, who use the apartment house; the board may hold a preparable meeting to prepare the contents for the meeting. The official conference.

5. In the absence of the number of people attending the stipulation at clause 2 This, the House Board of Directors has a written statement of the House Committee of the Guild to hold a settlement under the provisions of Clause 5, paragraph 6 Article 14 of this Regulation.

6. The case through oversight, discussion at the apartment conference on which the owner of the apartment building on the subject of the financial breach of the Board, member of the apartment board of the apartment, depends on the extent of the violation, the apartment conference may decide. For one, some or all of the members of the Board of Directors and elected members of the House are replaced by the provisions at Clause 2 or Clause 3 and Article 5; if the person with the breach of the breach is in charge of criminal responsibility, the house conference. It is adopted by the decision to offer the authority to consider, to deal with the criminal responsibility of the law.

In the case of necessity, the apartment conference decided to set up an inspection or unit rental organization with expertise to check out the books and the collection, the financial details of the apartment board of the apartment board; the professional unit lease case, the owners, who are using. The condomiers must pay their funds to pay the unit's costs under the agreement.

What? 16. Part of the attendance and the voting at the apartment conference

1. For the apartment house, the apartment cluster has an owner who is part of the condomiation of the apartment house including the owner of the owner, who uses the apartment house and invited representatives of the House People's Committee where the condomiers attend.

2. For the apartment house, the apartment cluster has many owners who are part of the condomed apartment conference as follows:

a) The case of the first condomiforming assembly, the attendance component, includes the investment representative, the owner of the apartment that received the handover and invited representatives of the House People's Committee;

b) The case of an extraordinary apartment conference and the annual general assembly, the attendance component includes the owner of the apartment that has received the hand, the owner of the investment (if the owner also owns the area in the apartment house), represents a representative. operation management unit (if the condomen must hire the operating management unit) and invite the representatives of the District People's Committee.

3. Rights voting at the apartment building convention, the apartment cluster is charged with the apartment unit and is prescribed as follows:

a) Each apartment in the apartment house corresponds to a vote vote;

b) For the other part of the apartment building is not the apartment, each section of the construction floor area is equivalent to the building floor area of the largest apartment under the approved design at that same apartment building a voting vote.

4. Every decision of the apartment building conference, the apartment cluster is passed under the principle of majority in the form of voting or voting; the meeting content must be established as a border, with the signatures of the presiding members and the secretary of the meeting. The apartment house.

Item 2

THE HOUSE BOARD.

What? 17. General Board of Directors

1. For the condomiers that have many owners who must form the Board under the provisions of the Housing Law, the House Board of Directors is the institution of legal status, has the seal and operates under the prescribed pattern at Clause 1 Article 18 of this Regulation; Ban. governance due to the condomiation of the housing conference, the common house cluster to implement the provisions and responsibilities of regulation at Clause 1 and Clause 2 Article 41 of this Regulation.

2. For the apartment house with a owner or apartment house that has many owners who have under 20 apartments, the apartment conference decides to form the Board of Directors or does not form the Board. The case of the establishment of the House Board of Directors, the principle of operation and organizational model of the Board of Directors is regulated as follows:

a) The case of the apartment building has one owner, the House Board of Directors has no legal status, no seals; the board operates under the regulatory model at paragraph 3 Article 18 and performs the rights, the responsibility stipulated at Clause 2 Article 41 of the Committee. This rule.

b) The case of the apartment house has many owners the model and the operational principle of the Board of the Apartment Board are made in accordance with the provisions of this Article 1 Article.

3. The board of condomiers stipulated at Clause 1, Clause 2 This has a 3-year operation and is re-elected at the annual general house convention of the end of the term, except for the case of an unusual apartment meeting for the replacement of the Board.

4. The decisions of the House Board of Directors if beyond the provisions of regulation at Article 41 of this Statinate are not legally valid; the case for damages to the right and the legitimate interests of organizations, individuals, board members must be required to do so. to be responsible for compensation by the rule of law.

5. The case of the apartment building must have the operating management unit under the provisions of the Housing Law, the Board of Housing Management is not employed by the employer, not established in the department of subordinates; the case of the apartment building does not require a management unit. operator, the Board is hired to hire separate services for the management of the apartment. The members of the General Administration are responsible for carrying out assignments under the management of the Board of Operations.

6. The apartment board has an operating budget run by the owner, who uses the apartment house to contribute annually on the basis of the decision of the apartment house conference; this funding is specified in the operating system of the Board of Directors and is administered through the Board of Directors. an operational account of the Board; the General Board of Directors must use the right to operate the right purpose, not to be used for business and to report the collection, spending at the annual general house conference meeting.

7. The labor level of the apartment board members-owned by the owners, who uses the apartment house to contribute to the decision of the apartment conference on the basis of the specific conditions of each building, the apartment cluster and each local, except for the case. The Board of Directors refused to take revenge.

The case of the apartment building has the operating management unit under the provisions of the Housing Law and this Statutor, the owner, who is using the apartment house responsible for taking revenge over this unit to pay the board members; this money is not available. It ' s the business operations of the operating management unit. If the apartment house does not have an operating management unit under the provisions of the Housing Law and the Statoil of this Act, it is paid by the General Board of Housing and pays for each member.

Fuck! i Eighteen. Model of the General Administration

1. The apartment board of the apartment building, the apartment cluster has many owners established and operates under the Board model or the Board of Directors of the cooperative or the board model of the holding company. The joint conference decided to model the operation of the House Board of Directors.

2. The case of the General Board of Directors is established and operates under the Board of Directors or the Board of Directors of the cooperative, the convening and organization of the meeting of the Board of Directors is carried out under the provisions of the Law of Cooperation. The case of the apartment board is established and operates under the Council's Board of Directors model, the convening and organization of the meeting of the Board of Directors is carried out under the provisions of the Enterprise Law.

The voting and writing of the meeting of the House Board of Directors must comply with the provisions at Article 25 of this Regulation.

3. The General Board of Directors, the apartment cluster has an established owner and operates under a self-governing model; the members of the self-governing board of self-uniformists perform the rules and responsibilities of regulation at Section 2 Article 41 of this Statate.

What? 19. Riddles i v Oh. A member of the House Board of Directors.

1. For the general who has many owners, the House Board member must be the owner who is using that apartment; for the apartment house with a owner the board member is the owner of the owner and who is using the house for the apartment. All right. The members of the Board of the Governing House are in health, with no criminal convictions, money; preference for the choice of persons with knowledge, experience of construction, architecture, finance, and law to join the House Board of Directors.

2. The General Board members must participate in the management of the management knowledge of management, use of the apartment house due to training facilities, fostering professional knowledge, and the management of the management of the apartment building according to the regulations of the Ministry of Construction.

What? 20. Number, component of the Joint House Board of Directors

1. The number of members of the apartment board of the apartment, the apartment cluster is decided by the apartment committee but must comply with the following regulations:

a) For the Board of the apartment building, there are numbers from 03 to 05 members;

b) For the Board of the Joint Committee, there are numbers from 06 to 25 members, of which each building in the cluster has a number of between 03 and 05 members.

2. Part of the Joint House Board of Directors, the apartment cluster has many owners who are stipulated as follows:

a) The board of directors of the apartment building consists of 1 Head Board, 01 or 02 Deputy and other members due to the decision-by-state conference.

As the owner of an investment in the apartment house, the representative of the investment holder may be elected by the General Assembly as the Head of the House of Directors; the case is not elected as the Head of the House, and is joined as the Deputy Board of Directors. All right.

b) The board of the apartment cluster consists of 1 Head of the Committee; each building in the cluster is meeting to send 1 or 2 deputies to the Deputy and other members due to the decision of the apartment cluster.

As the owner of an investment in the apartment cluster, the representative of the investment holder may be elected as the head of the General Assembly as the Head of the House of Assemblies. Each building in the apartment cluster where the owner of the investment is owned, the owner of the investment is represented as Deputy Board of the Cluster, except for the case where the investment representative of that building was elected as the Head of the Board of the apartment cluster.

3. Part of the General House Board of Directors, the apartment cluster has a possession holder consisting of 1 Head Board, 01 or 02 Deputy and other members due to the decision of the General House cluster.

What? 21. Split, join the General Board of Directors

1. The separation, the entry of the General House Board of Directors stipulated at this only applicable to the condomiers have many owners and has established the Board.

2. The separation of the Board of the General House cluster is prescribed as follows:

a) The case of representing the apartment owners of the building in the apartment cluster has the need to separate from this cluster to form the board of the private building, which must hold the conference of the building to take the opinion of the apartment owners; if there is a minimum. 50% of the owners of the apartment that have received the building agreed (through the collective offer), the board member is representative of the building to submit a collective offer to the Board of the General House.

After submitting a proposal to the Board of the Joint House Board, the owners of the building offered to separate from the unionated group of interim organizers to hold the first condomiation conference prescribed at Clause 1, 2, 3, and 4 Articles 13 of the Regulation. This; the election, the composition, quantity, and operational model of the apartment board are implemented as specified in this Section. The representative of the building is a member of the Board of the Joint House cluster that will not be recognized as a board member of this cluster after the board of the apartment building was established;

b) The case of the apartment building separated from the cluster on which the building ' s representation is being the Head of Administration of the apartment cluster, after the board of the building was established, the General Board of the Joint Committee must hold an illegal apartment cluster meeting. usually to elect the Head of the Board to administer the General House according to provisions at Article 14 of this Regulation;

c) The case of the ownership of the owner of the buildings in the cluster has the need to separate the Board members of each building separately after the building of the apartment building to have a collective offer of collective motion at the point of this paragraph, The board of condomiers must hold a meeting to unify the way the filing desk, the maintenance funding of each building for the new building boards after its establishment.

After the representatives of the building submitted a collective proposal to the Board of the Joint House, the buildings held the conference of the apartment building under the stipulation at this point.

d) The procedure for the recognition of the Board of the General House stipulated at this paragraph is made in accordance with the provisions at Article 22 of this Regulation.

3. The entry of the Building Board to the Board of the General House cluster is prescribed as follows:

a) The case of apartment buildings already has the Board of Directors active independently and is eligible to establish an apartment cluster under the provisions of this Statate then the Board of Buildings must hold a meeting to unify the establishment of the cluster governance board. General; the meeting editor specifies the method of entry of the apartment cluster administration, the transfer of the building's records, the operational records of the Board, and the funds are administered by the Board of Management.

The board of the buildings must hold a meeting of the owners of the building; if a minimum of 50% of the owners of the apartment have received the hand of each building agreeing to enter the building into the apartment cluster (through the collective offer) then the Board members agree. the administration of these buildings was in charge of coordination to host the first condomiers ' conference. The meeting of the first condomiers was to comply with the provisions of Clause 1, 2, 3, 4 Articles 13 and Article 26 of the Regulation;

b) The case of the apartment building has the Board of Directors active independently that there is a need for admission to the Board of the Residential Cluster which has been established, the Board of the Building and Board of condomiers must hold a meeting and have a unified boundary of it. the admission of the Board of the Building to the Board of Assemblies.

After the unification of the Committee, the Board of the Joint Committee must hold the meeting of the owners in the apartment cluster, the board of the building must hold the opinion of the owners of that building; if there is a minimum of 50% of representatives. The owner of the apartment who took over the apartment of the apartment cluster and 50 percent of the apartment owners who had received the apartment building, agreed to enter the apartment cluster (through the uniform), and the Board of the House was to hold the conference. the building to delegate participation in the Board of Assemblies.

The number, the representative component of the building participating in the Board of Residential Clusters is defined as for other buildings in this apartment cluster; the case with the representative of the investment holder is the Deputy Board of the building, the representative is represented. participate as the vice-board of the apartment cluster;

c) The procedure of recognizing the Board of the condomiation of the condomiers specified at this paragraph is taken as specified in Article 22 of this Regulation.

4. The delivery, case management associated with the building, the operating records of the House Board of Directors and the table of relevant funds related to the specified case at paragraph 2, Clause 3 This is done as follows:

a) For the specified case at Clause 2 This is on the 7-day period of work, since the date of the new Building Board having the written statement, the Board of Directors of the Joint House responsible for handing over records and the whole amount of funds associated with it. The building has split from the phrase to the new board of the regulatory management building;

b) For the specified case at Clause 3 This is on the 7-day period of work, since the date of the new apartment cluster administration has the written statement, the board of the building is responsible for handing over the records of the building, the operational records of the Board of Directors. and transferred all relevant funds of this building to the Board of Governing Apartment in accordance with regulations;

c) The apartment building board or the apartment cluster has the proposed text accompanying a copy of the accepted decision by the District People's Committee to submit a credit organization which is managing the maintenance funding of the cluster or the apartment building. transfer this funding to the new Board of Management;

d) After receiving a specified offer profile at this point of paragraph, the credit organization is managing the funding charged with transferring all remaining funds under the stipulation at Point a, Point B to the new Board; the table of the operation of the operation of the site. The Board of Directors and the transfer of regulatory funds at this paragraph must be established with the signature of the relevant parties; the management, use of the funds after the hand of the table to the new General House Board of Directors is made in accordance with the regulation. of the law of the housing and the statute.

What? 22. The procedure for recognizing and announcing the activities of the General Board of Directors

1. In the 10-day period of work, since the date was elected by the general assembly (including the first time of the administration of the board; the board of the board at the end of the term or when it expires, replace; the new board of directors when split, enter the Board or the vote) The Head of the General, the Deputy Board of the Condomiers, is responsible for filing a proposal to recognize the Board of Directors in Article 23 of the Statate of the District at the District Committee of the District.

2. In the 7-day period of work, since the full day of filing a full-profile of the apartment board, the District People 's Committee is responsible for testing and enacted the decision to recognize the apartment board of the apartment; the case of the District People' s Committee. The decision to recognize the Board must revoking the decision before the decision to make a new decision to the House Board of Directors.

3. The decision content recognizes the House Board of Directors including:

a) The name of the Board and the operational model of the Board;

b) The number of board members;

c) They, the name and the title of the board, the board of directors;

d) The operational term of the Board;

Responsible for enforcement of the decisions of the organizations, the individual involved.

4. After a decision to recognize the Board of the District People ' s Committee, the Board is recognized as responsible for establishing the operational account of the Board; the case of the apartment building has many owners then the Board must set up a management account. The cost of maintenance of the common ownership in accordance with the law of the housing law, this Regulation and the registration of the seal by the rule of law on the registration of the seal (the name of the General Board on the seal must coincide with the Board name that was given by the Commission. the county population recognizes), unless the Board of Directors has a seal and has a prescribed account.

5. The apartment board has an active owner since being recognized by the District People's Committee. The apartment board has many owners who have been in operation since the registration of the law is registered under the rule of law and there are accounts set up by the provisions of this Statate.

For the House Board of Directors, many owners have had a seal, whose accounts are set up under the stipulation that not under the name of the Board name, there must be a written statement to the credit organization where the account has opened an account with a copy of the certificate. decided to recognize the Board to make transactions with the prescribed credit organization.

What? 23. File recommended to recognize the General Board of Directors

1. The case of the founding of the First House Board of Directors, the file recommended that the Board of Directors include:

a) The proposed text of the Board, which states the name of the Board to have been adopted by the council of the apartment through; if the establishment of the Board of the apartment building, the name of the Board is named after the name or number of buildings; if the board of the house cluster is established. Together, the Board name is decided by the General Assembly.

b) The receipt of the joint house conference on the election of the Board;

c) List of members of the board; they name the Head and Deputy Board;

d) The operational statute of the Board was approved by the condomiers.

2. The case of re-election of the General Board of Settlement when the term expires or the new board of directors is due to be abolished under the regulation or election of the Head of the Board, the Board of Directors, the filing proposal for the recognition of the Board of the General House, includes:

a) The proposed text of the Board;

b) The original decision to recognize the House Board of Directors;

c) The receipt of the joint house conference on the re-election, the election of the Board or the Head of the Head, the Deputy Board;

d) List of Board of Directors (including list of board members, Head of the Board, Deputy Board);

The operational statute of the Board has been approved by the condomiers (if modified, supplemated by this statute).

3. The case of separation of the General Board of Assemblies under the provisions at Clause 2 Article 21 of this Regulation the recommended file recognizes the Board of Directors as follows:

a) The case recommended to recognize the Board of the Building after separating from the apartment cluster, the record includes the prescribed papers at paragraph 1 This is accompanied by a unified border separating from the apartment cluster of representatives of the apartment owners. specifies at the Point A 2 Article 21 of this Regulation; the case of the stipulation at Section 2 Article 2 Article 21 of this Regulation must have the original decision to recognize the House Board of Directors;

b) The proposed case for the recognition of the Board of the apartment cluster after a building split from the cluster, the filing included the proposed text of the General Apartment Cluster ' s offer, the original Decision to recognize the Board of the Apartment Cluster, the list of members. The board of the remaining apartment cluster (which specifies the name and position of each member of the board); the case must elect the Head of the General Governing Body of the Common House under the stipulation at Point 2 Article 21 of the Regulation, which is accompanied by a conference call editor. It ' s about the general election and the list of elected people.

4. The case of accession to the General Board of Directors pursues to Clause 3 Article 21 of the Regulation, the filing recommended that the Board of the Governing House board be recognized as follows:

a) The case of a proposal to recognize the Board of Residential Cluster after entering the Board of Buildings, the filing includes the prescribed papers at 1 Article, the collective recommendation of the representation of the representative of the state-based apartment holders. Point a Section 3 Article 21 of this Regulation and the origination of the decision to recognize the Board of the Common Building;

b) The proposed case for the recognition of the Board of Apartment Cluster under the Board of the Building on the Board of the Joint Committee, the filing includes the proposed text of the General Apartment Cluster ' s board, the collective uniform of the body of the building owners. the house; the apartment cluster and the Conference Session of the apartment building have the need to enter the cluster in accordance with the Regulation 3 Article 21 of the Regulation, the list of board members of the cluster (including new members of the building entering the cluster) and the map. The original decision to recognize the board of the building, the apartment building.

What? 24. y act and scale, property It's the General Board of Directors.

1. The statute of operations and the procurement process, the financial details of the apartment board of the apartment building, the apartment cluster passed by the council of the apartment through, public guarantee, transparency, compliance with the provisions of this Stator, the regulation of the law on housing and law relevant. Yeah.

2. Regulation of the Operations Board of the General Residential House, the apartment cluster includes the following contents:

a) The operational model of the Board; the relationship between the board members and the middle of the Board with the agencies, the relevant organization in the management process, the use of the apartment house;

b) The principle of holding the Board meeting, including the regulation of the convener convener, the meeting condition, the meeting holder, the meeting border content, the voting process, the decision of the vote, the authority of the Board, the powers of the decisions of the Board of Directors;

c) Rights, the obligations of the Board of the Board and the specific responsibility of each member of the Board, which states the responsibility of signing the documents of the Board, signing the contract with the operation management unit, the maintenance unit of the general ownership of the apartment; responsibility Executive, signed by the absence of the Head or Deputy Board; responsibility for managing the seal of the Board (if there is a seal);

d) The right to provide information and accountability provides information between the members of the Board;

The adoption, response to the petition of the owner, the employer, the handling of cases involving the repeal, dismissal of the Board Member and the responsibility for the damages of the person with the breach of the breach;

e) The mechanism of reporting, through the decision of the expenses of the Board; the person responsible for the management of the records, the operational papers of the Board;

g) Other content depending on the characteristics of each building, the apartment cluster.

3. The procurement process, the financial details of the House Board of Directors, cluster of apartment houses including the following contents:

a) Regulations on the revenues administered by the Board of Management, the name of the active account holder, the account management account maintenance of the general ownership section due to the Board of Management, the regulation of a term of deposit of funds maintenance of the general ownership of the apartment house;

b) Regulation of the extent of the TB of each board member and the costs of serving for the operation of the Board;

c) The assignment of responsibility in the collection of fees, on behalf of the Board to sign the expenses of the operating expenses of the Board, signed the proposal to withdraw the funding of the general ownership of the apartment and sign the payment of funds payment with the board. maintenance unit, operational management unit;

d) Regulations the withdrawal process and specific paper records for the procedure to withdraw money at the accounts administered by the Board;

) Division responsibility for logging, book management, receipt of paper, financial details of the Board;

e) Regulations the maximum cash level of the Board to be withdrawn to directly pay the unit for the maintenance of the common ownership of the apartment; regulation of the cost of the Board of Directors is used to maintain the groundbreaking work without the meeting of the conference. The apartment house or the opinion of the owners of the apartment building to decide;

g) Regulations the form of violation of violation when there is a misappropriation or appropriation of the funding issued by the Board of Management or the wrong person in the record, managing bills of invoices, certificates from revenue, financial expenses;

h) The regulation of other content is relevant.

What? 25. The resolution through the decisions of the General Board of Directors

1. The decisions of the House Board of Directors, the same apartment cluster are adopted by the form of voting or voting under the operational statute of the Board, which is established as a written, signed by the secretary of the meeting, the Board members of the Board of Meeting. and seal the Board's stamp (for the case with the seal). In the case of approval rates of up to 50% of the number of board members, the final result is determined by the decision of the Chief or the Deputy Board of the Meeting (if the Absence Of The Board), except for the specified case in Clause 2 and Section 3 This.

2. For the condomiers with many owners, the following proposals are only adopted when there are a minimum of 75% of the total membership of the House Board of Directors, the apartment cluster espers:

a) Proposal to change the operating management unit;

b) The decision of the maintenance execution unit;

c) The proposal to change the management of the operating house operating management services;

d) The proposals, the Board ' s requirements for the investment holder in the management process, use the apartment house;

Other cases were decided by the apartment conference.

3. For the decision to spend funding maintenance of the common ownership of the condomiers, many owners do the following rules:

a) The case of the Joint Building Board of Directors decided to maintain the general ownership of the apartment building, which must be agreed by 100% of the board members, except for the case whose members are absent for the unimpediable reason;

b) The case of the General Governing Board that decides whether to maintain the common ownership of both the apartment cluster must be agreed by 100% member Board members; if only to maintain the common ownership of one or some buildings in the cluster, having to be elected by the Chief Board and 100% of the board members is representative of one or some of those buildings agreed, except for the absence of a member absent for the unimpediability reason.

What? 26. i mission, exempt from the board member or the residue i No, no, no, no.

1. The dismissal of a member of the apartment board, the apartment cluster is done when there is one of the following cases:

a) Member of the Board of Directors to participate or apply for immunity;

b) The board member is no longer the owner of the apartment or the other part of the apartment house (for the case of the apartment building has many owners);

c) Member of the board to move elsewhere;

d) The Head of the Board of the Common Building separated from the apartment cluster in the case of regulation at Point 2 Article 21 of the Regulation;

The Board of Directors of the building joins the apartment cluster in the case of regulation at Section 3 Article 21 of this Regulation.

2. The repeal of the Board of Directors, Member of the Apartment Board, the apartment cluster is carried out when there is an offer of the Board or the proposal of the owner of the apartment holders in the following cases:

a) The board does not report the operational results for the condomed housing conference under the provisions of this Regulation;

b) The board is not active after being elected;

c) Member of the Board of Violations Of Operational or Procurement Statute, the administrative genus of the Board;

d) The Board of Directors does not participate in the activities of the Board for 6 months in a row or not attending a minimum of 30% of the total board meetings for 1 year.

3. The election of a member of the apartment board of the apartment building is performed as follows:

a) The case of the replacement of the Board or the Head of the Head, the Deputy Board must hold an unusual apartment conference to decide on the stipulation at Article 14 of this Regulation; the case of dismissal or the vice-board waive is agent. The owner of the investment, the owner of the other representative, replaced it without the extraordinary general assembly.

b) The case of the Board of Governing Board is not subject to the specified subject at the point of this paragraph, the Board of Directors proposes the replacement and submit the opinion of the apartment holders; if a minimum of 50% of the owner's representative the apartment has received the transaction. Or there ' s a smaller number following the decision of the condomiate, it ' s been proposed to be a member of the House Board of Directors; the case is not enough that the number of people who agree on the rules at this point are going to have to meet the condomiers. abnormal of the building to elect a replacement by regulation at Article 14 of this Statenor.

4. The re-election of the Board of Directors of the General House cluster is performed as follows:

a) The case of the replacement of the General Board of the Common House or the replacement of the Head of the Board is to hold an unusual apartment cluster conference to decide on the provisions at Article 14 of this Regulation;

b) The case of the Board of Governing Apartments not part of the specified subject at the point of this paragraph, the Board of Directors proposes the replacement and submit the opinions of the building holders of the building with the board member of the board to change. ; if a minimum of 50% of the owners of the apartment had received the building of the building or had a lesser number following the decision of the condomip conference, the proposed person was recognized as a member of the General Board of Public Affairs; the case. There are not enough people who agree on the scale at this point, the extraordinary apartment meeting of this building to elect an alternative to a rule. Article 14 of this Regulation.

The case of dismissal or a vice-board of condomiers is the representative of the investment owner and the chairman of the other representative, instead of the extraordinary general assembly.

M Okay. c 3

GENERAL MANAGER MANAGEMENT

What? 27. The management unit of the apartment.

1. The General Operations Management Unit is the organization or business that functions, capacity under regulation at Clause 1 Article 28 of this Regulation and must have a name in the list posted on the Electronic Information Portal of the Department of Public and Market Management. property and the Department of Construction. The operational management unit may be the owner of the investment or other unit according to the provisions of this Regulation.

2. The investment owner may directly carry out operation management or mandate for other units of functional, regulatory capacity at Clause 1 Article 28 of this Regulation to manage the operator of the condomication when not having the first condomication of the first settlement. After the organization's first settlement, the Board of Directors signs a management service contract with the owner of the investment holder if the owner has the function, the capacity to manage the apartment building and participate in operating management or signing with the functional unit, the energy. The other operator was commissioned by the owner of the operation.

In the absence of an elevator with no elevators, the condomiers decide to hire an operating or operating management unit; if the operating management unit is required to comply with the provisions of the regulatory administration under the provisions of the Regulation. Hey.

3. The case after the General Board of Directors signs the operation management service with the regulatory management unit stipulated at paragraph 2 This but the unit does not correct the agreements and the property must end the signed or deleted contract. The name from the Electronic Information Portal of the Department of Public Administration and the Ministry of Construction and the Ministry of Construction, the Board of Directors organizes an unusual apartment meeting under regulation at Article 14 of this Regulation to review, decide to replace the transport management unit. Another.

4. Each apartment building has only 01 operational management units. For an apartment cluster, there may be an operating management unit or each building in the cluster with 1 unit management unit under the decision of the apartment cluster convention. In the case of each building in the cluster with a separate management unit, the Board of Assemblies is unified with the operational management units to carry out management of operations, joint engineering systems for the apartment cluster.

5. The condomiate management unit can sign contracts with businesses that provide services to carry out condomiate management services but must be responsible for the contract content that has signed with the House Board of Directors.

What? 28. Conditions on the function, capacity of the operating management unit and the announcement, public registration of the list of operational management units is available.

1. The management management unit must have sufficient conditions on the functionality, capacity under the following regulation:

a) Being established, operating under the provisions of the Corporate Law or the Law of Cooperation and has a management function or property management function or property management function;

b) There must be a minimum of professional rooms or departments, including engineering; protection, security; service, reception and sanitation, the environment; and more.

c) The board members and the officers who work in the rooms, the professional department of the regulations specified at this point b must have the degree of expertise corresponding to the job position and must have the Certificate of Completion Completion of Training, Compensation. Professional knowledge, the management of the apartment building under the provisions of the Ministry of Construction.

2. The condomed General Operations Management Unit is eligible for provisions at Clause 1 This must submit 1 sets of records to the Ministry of Construction (permanent as the Department of Home Administration and the estate market) to be reviewed, announced enough operating management and registration management. public on the Electronic Information Portal of the Department of Home Administration and the real estate market and of the Ministry of Construction. The profile consists of:

a) Copy that there is a certificate of evidence that the certificate has a function at the point of paragraph 1 This Article;

b) The copy of the certificate decision to establish the departments or departments of the specified business at the point b 1 This and the staff list of the rooms, the department;

c) A copy of the certificate certificate has completed the training, fostering professional knowledge, a business on the management of the condomitals of the board members, the chiefs, the deputy department, department, and the chief, the technical deputy, the business of All right.

3. In the 20-day period of work, since the date received full regulatory filings at paragraph 2 This Article, the Department of Home Management and the real estate market is responsible for review, inspection; cases of sufficient capacity by regulation at Clause 1 This must be required. has a qualified message text that is managed to operate the apartment building for the application to the records, the notification text is published publicly on the Electronic Information Portal of the Department of Home Management and the Department of Construction and of the Ministry of Construction to serve as the basis for the conference. The condomiers were consulted, decided to select the operational management unit. Only operational management units are named on the Electronic Information Portal of the Department of Home Administration and the real estate market and of the new Department of Construction eligible to sign a joint management service management service with the General Board of State or the Representative. General manager.

The case after being posted information on the Electronic Information Portal of the Department of Home Management and the Ministry of Construction and of the Ministry of Construction that the operating management unit is dissolved, bankrupt, termination of operation or during the inspection, inspection, agency, and security. has the authority to detect this unit, which is no longer eligible for function, the ability to manage condomes in accordance with Article 1 of this, the Home Administration and the real estate market are responsible for testing or offering the Department Building in the unit. management of the operating system headquarters, if there is no longer eligible for a specified operating management execution, remove the name from the Portal. the electronics of the Department of Home Administration and the real estate market and of the Ministry of Construction.

4. For state-owned condomiers, depending on the regulation of the law of housing, the management of the operation may be due to a unit that is eligible for the capacity to be specified in Article 1 This article manages the operation or by other organizations. management of the management under management regulation, home use of state-owned housing.

What? 29. Contract service management contract

1. The management of the operator of the apartment must be made through a joint management service contract that governs between the operating management unit and the Joint House Board of Directors. The service contract provided by the parties must have the specified content at paragraph 2 This Article and comply with the prescribed pattern at the appendix 2 issued with this Regulation.

2. Contract service management services contract includes the following content:

a) The name, the address, the consignor, the sign of the contract;

b) The scale, area of parts in and outside the condomiers of the common possession need to manage the operation;

c) Content and requirements for the quality, quantity, time, location of the service management service;

d) Transport management pricing in square metre unit (m). ² ) use; methods of closing charges;

) The deadline for the implementation of the service contract;

e) The cases end the contract;

g) the rights and obligations of the parties; the coordination of the parties; the handling of disputes over the content of the contract;

) Other agreements;

i) The validity of the contract.

3. The recovery, payment, decision, and liquoration contract management service management contract is done under the agreement in the contract and by the regulation of civil law.

What? 30. The management of the management of the apartment

1. The management of the management of the operator is determined by regulation at Article 106 of the Housing Law, which is based on each apartment house and on the basis of an agreement with the operating management unit. The case of the apartment building was handed over to the use but not yet to hold the first settlement, the price of the operating management service was decided by the investment owner and noted in the purchase contract, rent for the apartment; after the organization was organized. Condomes, the service price is decided by the apartment committee on a unified basis with the operational management unit.

2. The management of the apartment management service is determined by the Vietnamese currency and counts per square meter (m). ² ) an area of use of the apartment or the other part of the apartment (defined by a local area).

3. For the purpose of a mixture of mixed-use purposes, the cost of operating management applies to the portion of the office, service, commerce, and area of the private ownership, as a place for the automobile to be determined by the following principle:

a) The operational management price applies to the portion of the office, service, trade by the parties on the basis of the actual situation of business operations, services, offices, and of each of the individual housing positions;

b) The operating management service is applicable to the portion of the private property that is used as a car to the car by the parties and may be calculated below the operating management service price applied to the apartment in the same building. This provision also applies to the partial area of the private property used as a car garage for the apartment building.

c) The case of the parties does not deal with the specified service price at Point a, this Article b is determined by the service price framework provided by the Provincial Committee of the People's Committee.

4. The General Operations Management Unit identifies specifically and proceeds the management fees for the operator of the owners, who use on the basis of the price specified by regulation at this.

What? 31. K i General manager management fees

1. The management of the management of the apartment operates by the owners, who use a closed monthly or periodically closed house (including the case that has received the delivery desk, other area in the apartment house that has not yet been used) to manage the actual operation. These are the provisions of Article 10 of this Regulation.

2. The government operating management business is calculated by the cost of operating management service at Article 30 of this Regulation (x) with an area (m). ² ) using apartments or other areas that are not apartments in the apartment house.

3. The area using the apartment or other area is not the apartment in the apartment building as the basis for calculating the operating management fees as follows:

a) The case has been granted the use of land use certificates, property rights, and property attached to the land (the latter is known as the Certificate), the area as the basis for calculating the operating management fee is the record area in the certification.

b) The case has not been granted the certification, the area as a basis for calculating the operating management fee is the use area of the owner's own possession (the information area is determined by regulation at paragraph 2 Article 101 of the Housing Law); the area of This is identified in the purchase contract, renting the apartment or determined by reality.

4. For state-owned condomiers, the collection of operational management fees is made at a specified service price at Point 5 Article 106 of the Housing Law.

M Okay. c 4

HOUSE MAINTENANCE

What? 32. The principle of house maintenance

1. The apartment owner is responsible for the maintenance of its own ownership and contributions to the maintenance of the common ownership of the apartment building to maintain the quality of the housing and guarantee safety in the process of use.

2. The maintenance of its own ownership is not affected by the private ownership of other owners and the building systems, the general ownership, the general use of the apartment house.

3. The maintenance of the joint ownership of the condomed apartment building aims to stay and the apartment has a purpose to use the mixture but not separate the shared ownership of the apartment complex and the office district, the service, trade is done under the insurance plan. due to the passing of the apartment building through and under the building maintenance process, the device maintenance process has been set up under the regulation of this Regulation.

4. The maintenance of the joint ownership of the condomiers has the purpose of using the mixture that separately divides the shared ownership of the apartment complex and the office district, the service, trade is done in accordance with the following principle:

a) For the general ownership of the apartment complex and the general ownership of both the building, the owners perform maintenance under the plan that has been approved by the council of the apartment through and the maintenance process has been established, except for the case of sudden destruction due to natural disasters, The fire was caused.

b) For the general ownership of the office area, service, commerce, the owner of this function performs maintenance under the maintenance of the building and maintenance system maintenance process.

5. The maintenance of the joint ownership of the apartment cluster is owned by the owners, who use the apartment cluster.

6. The owner, the General Board of the Residential House is only hired personally, the unit is eligible, the capacity corresponding to the required maintenance work to perform maintenance.

What? 33. Plans to maintain the joint ownership of the apartment building

1. Plans to maintain the joint ownership of the apartment by the council of the apartment through to apply to the specified cases at Clause 3 and Point A 4 Article 32 of this Regulation.

2. The investment owner is responsible for the maintenance planning to report the first public housing conference; for the next public housing conference, the General Board of Directors has a responsibility to coordinate with the operational management unit or unit of capacity for the first time. Maintenance of the maintenance plan to report the conference.

3. Plans to maintain the common ownership of the condomiers apply to the prescribed cases at Clause 3, Point A 4 Article 32 of this Regulation is set up and passed on the basis of maintenance of the building portion of the building, the design system maintenance process. was provided by the owner of the investment and the general ownership status of the apartment house.

4. The planning content maintenance of the general ownership of the apartment applies to the prescribed cases at Clause 3 and Point A 4 Article 32 of this Statutor includes:

a) The categories will perform maintenance for the year and expected for 03 to 05 years later; envisage the expected maintenance categories in the year (if any);

b) Time and progress made for each category of maintenance in the year;

c) The funding is expected to perform each maintenance category;

d) The responsibility to support, facilitate the conditions of the owners involved in the area of maintenance; responsibility for examination, supervision, and maintenance of the maintenance work of the Supervisor Board;

Other issues are relevant.

What? 34. The condomes of the apartment house are used k i General ownership maintenance fee for maintenance

1. Maintenance of the categories and areas of common property stipulated at Point a and Point 2 Article 100 of the Housing Law.

2. Maintenance of a system of common household equipment, including elevators, power plants, water pumps, ventilation systems, lighting power systems, electricity generation, general power devices, emergency systems, drainage systems, water supply systems. Station, central fireplace, television broadcasting, communications, fire, fire, lightning, and other equipment for the apartment building.

3. Maintenance of external technical infrastructures connected to the apartment house; public works stipulated at Point 2 Article 100 of Housing Law.

4. Waste of choking sewage, drain the periodic phosphate; transplantation for the state ' s wastewater system.

5. The other categories of condomes are in the common ownership of the apartment holders under the agreement in the purchase contract, the lease of the apartment or by the provisions of the law to the housing.

What? 35. Signs of maintenance and real i We ' ve got to maintain the general ownership of the apartment building.

1. The General Board of Directors, the owner of the office district, the service, the selection trade and the signing of the maintenance contract under the following regulation:

a) For the construction part of the building, the direct lease of the operation management unit performs maintenance (if the apartment has an operating management unit and this unit has a maintenance capacity); the case of the apartment building does not require the operation or operation management unit. has this unit but without maintenance capacity, another unit has the capacity to maintain maintenance;

b) For a general-owned device system it is possible to rent or authorize a unit of a unit to lease a unit to provide equipment or other units with the capacity to maintain that device perform maintenance; the case must replace the device, the supply unit. The device is required to perform a product warranty under a specified manufacturer; expiration of the warranty period, maintenance or regulatory implementation at this Point.

2. The maintenance unit must perform maintenance under the prescribed maintenance process, which must ensure the safety of the owner and the user during the maintenance process, which must comply with the progress and the agreements in the signed maintenance contract.

3. The maintenance contract is set up and signed between the General Board of Directors or the owner of the office district, the service, trade with the unit implementing the maintenance under the rule of law. In the absence of a non-governing board, the owner of the owner manages the condomiers contract with the unit of maintenance capacity.

4. At the end of maintenance work, the parties must hold the completion of the completion of the maintenance work; the bar, the maintenance of the maintenance budget is done according to the agreement in the contract and must be full of invoices, evidence from the rule of law.

What? 36. Set, hand and charge management maintenance of the common ownership share of the apartment house with many owners.

1. The investment holder in charge of an account at the credit organization is operating in Vietnam to temporarily manage the maintenance funding of the common ownership of the apartment house with many owners under the provisions of the Digital Protocol. 99 /2015/NĐ-CP October 20, 2015 by the Government rules the details and guidelines that enforce certain things of the Housing Law (the following collectively as the Digital Protocol). 99 /2015/NĐ-CP).

2. For the condomed apartment house to stay, the apartment has a purpose to use the mixture but not separate the shared ownership of the apartment complex and the office district, service, commerce, after the organization of the first cohabitation conference, the establishment of the apartment. the account, the table, and the business management of the shared ownership are done as follows:

a) The joint house board of directors established an account at a credit organization operating in Vietnam to manage, using the funding of maintenance of the common ownership share of both the apartment building;

b) In the period of 7 working days, since the date of the Executive Board that offers the maintenance of maintenance funding, the owner is responsible for the transfer of the buyer's revoked maintenance budget, rent and maintenance funding that the owner must submit to the portion. The retained area is not sold, neither rent or unsold, unsold, not leased as specified at B Point 1 Article 108 of the Housing Law on the account provided by the General Board of Housing under the stipulation at the Point of A for management, using the prescribed use of the law;

c) The account holder of the maintenance funding for the condomisan has a purpose to be due to a member or more of the Board members named co-owner of the account; the account holder for maintenance funding for the apartment is intended to use the mixture. It is an account co-owner, consisting of the 01 Board member who owns the apartment complex, and the 1 board member is the owner of the office, service, commerce, and business.

The deposit term and the name of the holder of the deposit account for the regulation of regulation at this paragraph are specified in the procurement process, the financial branch of the House Board of Directors due to the conference of the apartment.

3. For the condomiseholders to use the mixture that separates the common ownership of the apartment complex and the office district, service, commerce, after the organization of the first apartment conference, the establishment of an account, a desk, and a business management. Maintenance of the shared ownership is done as follows:

a) The General Board of Directors established an account at a credit organization operating in Vietnam to manage the funding of maintenance of the shared ownership of the apartment complex and the funding of maintenance of the common ownership of both the apartment building;

b) The deposit limit and the account holder deposit the regulation of regulation at the point a paragraph is determined as for the case of a condomisitless apartment to be specified at Point 2 This Article;

c) The owner of the area of the office area, the service, trade is responsible for self-management of funds left under the regulation at Point 4 This Article to maintain the overall ownership of this functional area;

d) The cost of the maintenance of the general ownership of the Common Property in this paragraph is made as specified in Article 4 of this Article.

4. Table traffic, management of maintenance funds for the specified case at paragraph 3 This Article is specified as follows:

a) In the period of 7 working days, since the date received the recommended text of the General Board of Directors, the investment holder is responsible for the transfer of the acquired maintenance fee of the buyer, the purchase and maintenance funding that the owner of the investment must submit to the section. The apartment is not sold, neither rent or unsold, nor is it leased by regulation at the point b 1 Article 108 of the Housing Law to the account set by the Board specified at Point 3 This is for management, use by regulation;

b) For the maintenance portion of the maintenance budget that the owner of the investment must submit to the portion of the office, service, trade, the owner of the investment portion of the share of the funding under the purchase rate is agreed upon by the buyer, the lease of the purchase contract, the lease of the apartment specified in Clause 5. Article 108 of the Housing Law is or has united in the condomyal conference (if not agreed in the purchase contract, the lease of the apartment) to the account provided by the Board of Directors at Point 3 This Article for management, maintenance of the common ownership of the whole court. For the rest of the budget, the owner of the investment is self-governing and used by regulation at Section 3 This Article 3.

5. The case of the establishment of the apartment cluster is based on the purpose of use of each building, the House Board of Directors has to set its own accounts to manage maintenance funding for each building by regulation at Clauses 2, 3 and 4 This.

6. The hand side of the table and the recipient of the exchange charge maintenance of the common ownership of the condomiers in this Article is responsible for the procedure to decide the amount of this funding before the end of the exchange of funds. The funding decision document maintenance of the common ownership section includes:

a) The border identifies the areas of the area, the equipment of the common possession of the apartment by the provisions of the Law of Housing;

b) The border identifies the total number of maintenance funding that has obtained the regulation of the housing law, which determines the amount of money that has been purchased by the buyer, the purchase and the amount of investment owner must submit by the regulation; name, number of accounts, where the deposit account is open. The owner of the investment is managing.

c) The general portion of the maintenance work that the investor has made with the invoice, certification from proof of the maintenance amount paid for the maintenance unit and the number of remaining maintenance costs after minus the amount of funding that the investor has made. maintenance work (if any).

For maintenance work on the subject of the warranty, and during the period of residence protection under the provisions of the Housing Law, the investment holder is not deductible to the maintenance money that must be transferred to the General Housing Board.

7. The event of a non-handed, non-full-handed, non-adequate investment school, which is not due to the maintenance of the general ownership under the regulation at this point, the House Board of Directors recommended the Provincial People's Committee where the condomiers are performing in accordance with the law. regulation of the Digital Protocol 99 /2015/NĐ-CP October 20, 2015 stipulated the details and guidelines of the implementation of some of the provisions of the Housing Law.

8. The investment holder is responsible for collecting the general ownership of the general ownership to hand over the House Board under the provisions of the law on housing and the Regulation; if the investment holder does not collect this fee to hand over the Board, the owner must submit it. This is a budget.

What? 37. Use of the general ownership maintenance portion of the apartment house has many owners.

1. The business of maintenance of the general ownership of the apartment building is only used to maintain the communal ownership of that building. The apartment board is only used for the maintenance of the general ownership of the apartment building on the maintenance of provisions at Article 34 of this Regulation; the case of the apartment building must be demolished that the unusable maintenance costs are used. to support resettlement or put into the fund maintenance of the joint ownership of the new apartment house after being rebuilt.

2. The General Board of Directors must publicly announce at the conference of the condomiers on account of the deposit of the established maintenance budget and are not changed this account. The use of the general ownership of the condomes must follow the rules of the statute and must have a book, invoice, certification, to follow, manage.

3. For the case to set up a maintenance budget management account under the regulation at Point A 3 Article 36 of this Regulation, the House Board of Directors along with the most private employer divides the rate of funding used to maintain the overall ownership of the entire building. home and funding to maintain the shared ownership of the apartment complex.

When a general ownership of the apartment complex is required, the Board is used only in the amount of funding that has unified the division for maintenance; in the case of the use of these funds, the owners of the apartment district are responsible for the same contribution. For the portion of the budget that has been divided to maintain the overall ownership of the building, it is only used to maintain the shared ownership of the entire building; in the case of the use of these funds, the owner of the apartment complex and the owner of the office function, service, the trade is responsible for the contribution. The investor and the House Board of Directors can unify up to 2 different accounts to manage the 02 regulatory expenses at this clause.

4. The credit organization is managing the money deposit account maintenance of the general ownership of the condomiteholders responsible for transferring money into the party 's account of the maintenance party during the 3-day period of work, since the date of receiving the Board' s recommended filing. The apartment house. The filing recommended that the money transfer includes the following papers:

a) The offer text of the Board, which states the reason for the offer of money transfers and the amount needed to be transferred to the side of maintenance;

b) The Board of Directors meeting on the content of the maintenance of maintenance costs;

c) The maintenance plan has been approved by the joint house conference, except for the case of a sudden maintenance;

d) Contract maintenance contract with the individual, the unit with the statutory capacity under the rule of law.

5. The case of performing maintenance work has a small contract value in the level that the apartment conference allows to be withdrawn from cash in the collection process, the administrative board of the Board, after receiving a regulatory offer at Article 4 of this, the organization said. Credit for implementing a cash withdrawal procedure for the Board of Direct payment for the maintenance party.

6. The case of a sudden maintenance work that is allowed to spend on the scale of the collection, the main genus, the Board of Directors has the text to transfer the money attached to the board of the Board of the Procurement Content, and the maintenance contract signed to the credit organization. opening a deposit account to the maintenance budget; the base on the offer profile, the credit organization is responsible for transferring money to the maintenance party for maintenance during the 3-day period of work; the transfer of money through the account or cash payment is done in accordance with the rules. At paragraph 4, paragraph 5 This.

7. For the maintenance of the general ownership of the buildings in the apartment cluster, use of the maintenance funding under the following regulation:

a) The case of preserving the general ownership of both the apartment cluster is from the expense of maintenance of the shared ownership of each building in the cluster for maintenance;

b) The case of preserving the general ownership of some of the buildings in the cluster is from the expense of maintenance of the common ownership of the buildings involved in maintenance;

c) The withdrawal of the funding for maintenance of the common ownership is specified at the point a and the point b is carried out as specified in the Clause 4, 5 and 6 This Article.

M Okay. c 5

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS, INDIVIDUALS

IN MANAGEMENT, USING THE APARTMENT HOUSE

What? 38. Rights and responsibilities of the owner

1. is responsible for the regulatory management of the regulation at the provisions of Article 2 Article 27 of this Regulation. The proposal for the unit management management unit to be eligible under the provisions of this Regulation for the first state assembly to review, decide the selection in the case:

a) A non-functional, operational and non-commissioned investment owner for other unit functions, capacity management management of house management;

b) The owner has the function, the ability to manage the operation but does not participate in the management of the apartment building and also does not delegate to the other functional unit, the ability to carry out the management of the apartment.

2. Revenue for the maintenance of the common ownership of the apartment by regulation at Article 108, Article 109 of the Housing Law, Protocol No. 99 /2015/NĐ-CP and hand over this funding to the House Board of Directors under the provisions of the housing legislation and this Regulation.

3. Host the first cohabitation conference, sent participants to the House Board of Directors and to participate in voting, voting at the General Assembly in accordance with the provisions of the Regulation.

4. Table the system of infrastructure infrastructure outside the condomen to the local specialized governing body in accordance with the rule of law; stance, the table of condomiers of the apartment house to the Board of the General, according to the provisions of this Regulation.

5. Manage, use the services that cater to the common life of the owners, who use the State House or to be built to business in accordance with the purpose stated in the approved project content.

6. Maintenance of its own possession; it is liable to compensate if maintenance or non-maintenance cause damage to other owners.

7. Requied the authorities to handle the conduct of his lawful possession of property or acts that impede the legal business according to the approved project content. The competent authority is responsible for handling the violation of the organization, the individual to the assets or the legal business of the investment owner.

8. Coordinate with the House Board of Directors to address the difficulties, entanged in the management, use of the apartment house.

9. Buy fire insurance, mandatory detonation in the regulation of fire law, firefighting, and law on insurance business.

10. Compensation Damages to the side of the damage under the agreement or by the provisions of the law; the approval of the decision to resolve, dispose of, the violation of the state authority of the competent state authority.

11. Other rights and responsibilities under the rule of law.

What? 39. Rights and responsibility of the owner of the apartment

1. For the condomiers with many owners then the owners have the following rights and responsibilities in management, using the apartment house:

a) It is entitled to possess, use its own possession; it has the right to use the common ownership in accordance with the provisions of the law on the housing and the Regulation. It is responsible for the maintenance of its own ownership in accordance with the provisions of the law on housing and the Regulation; it is liable to compensate if the maintenance or non-maintenance cause damages to other owners;

b) Request for the investment holder, the General Board of Directors or the District People's Committee to hold a settlement under the provisions of the Regulation; attend the condomiserate conference and vote on the contents of the General Assembly conference under the rules of the General Assembly. House Law and Rule.

c) Request for the investment owner, the operating management unit, the General Board of Directors to provide the information, to publicate the content related to the management, use of the apartment house;

d) fully approve of the decisions of the condoman house conference, including the case of not attending the condomip conference; the acceptance of the settlement decision, the handling of the competent state authority;

The full contribution, the right time the cost of managing the condomes of the apartment, the cost of maintenance of the common ownership and the expenses, the other fee under the rule of law or by agreement with the service provider.

The owner case that does not play a prescribed operating management fee is processed under the agreement in the management services contract that the General Board of Directors has signed with the operating management unit;

e) Internal approx, regulation of management, use of condomes; detection and timely notice for the operating management unit or state agency with jurisdiction of violations in management, use of condomiers;

g) Create a unit condition and support function that performs the maintenance of the common ownership in accordance with the rules;

h) Restage the status and damages of damage if caused the damage to the area, the device is owned by the common possession or the area, the device is owned by the other owner; the law is processed by law and must compensate for damages. has the act of obstruct the legitimate business activity of the owner of the office district, service, commerce;

i) Buy an obligate fire insurance under the regulation of fire law, firefighting and law on insurance business;

l) Make other provisions of the relevant law.

2. For the apartment house with a owner, the owner is entitled to use the apartment house, which is executed on the rights and responsibilities of regulation at the points b, c, d, e and k 1 This Article.

What? 40. The user ' s rights and responsibilities are not the owners of the apartment.

1. Use the private ownership section and the general ownership of the apartment by the provisions of the law on the housing and the Regulation.

2. Perform the right permissions and obligations that have agreed with the owner in the event that the user is not the owner.

3. Attend to the cohabitation conference (for the case of the apartment building with a owner); on behalf of the owner who attend the apartment house conference and vote, vote if the owner does not attend (for the case of the apartment building many owners); the case. in an apartment or other part of the apartment building many people who are in the same use, the proxy for a representative to attend and vote at the apartment house convention.

4. execute the relevant rights and responsibilities at the points b, c, d, e, e, g, h and k Clap 1 Article 39 of this Regulation.

What? 41. Rights and responsibilities of the General Board of Directors

1. The General Board of Directors has many owners to exercise the rights, the responsibility of regulation at Clause 1 Article 104 of the Housing Law and the rights, the following responsibility:

a) Receivation, storage, management of apartment records; provides a set of records that received a hand from the investment holder for the operating management unit in the event that the condomisor must have a regulatory management unit under the provisions of Clause 2 Article 5 of this Regulation, except the operation of the operating management unit is the owner of the investment;

b) Preparation of the content and organization of the condomiation meeting under the provisions of this Regulation; the public announcement of the management of the operation management and maintenance contract signed at the condomiers ' conference;

c) The operational results report, obtained, financial details of the Board, the maintenance work of maintenance and the acquisition, the cost of the maintenance of the general ownership of the apartment house to conference condomiers, the monitoring, through the provisions of this Regulation;

d) On behalf of the owner to exercise the rights to the common ownership of the apartment by the provisions of the Housing and Regulation Law; unprovoked others cause disorderly conduct, security at the apartment complex;

Accountable to the owners of the apartment building on the task of being delivered; the correct approval of the operation, the procurement process, the financial details of the Board;

e) Offer the authority to hold the authority to hold a joint house conference, recognize the House Board of Directors under the provisions of this Regulation; hold a joint house conference meeting to decide on behalf of the operating management unit in the case of a management unit. operation there is no longer eligible for the management of the apartment building under the provisions of this Regulation;

g) The authority to have the authority to address when the investment holder does not discuss the apartment records, not handing over the funding to maintain the common ownership of the common house;

h) Table the records, books, papers are managing for the new Board of Directors after being recognized;

i) Member of the Board if there is a violation of this Regulation and the regulation of the relevant law, depending on the extent of the breach that is processed under the regulation of this Stator, sanctionation of the administrative breach, or being prosecuted for criminal responsibility; if causing damage. then you shall pay for the damage to the side of the damage.

l) Accept the decision to resolve, the handling of the state agency with authority and exercise of rights, other responsibility under the rule of law;

l) Implemulation of other rights and responsibilities specified in the statute of operations, the process of procurement, the financial details of the Board were approved by the condomiers and regulations at this Statinate.

2. The apartment board has an owner who is committed to the rights and responsibilities stipulated at the Section 2 Article 104 of the Housing Law and the rights, the relevant responsibility stipulated at the points a, b, e, e, g, h, i, k and l Clap 1 This.

What? 42. The rights and responsibilities of the general public transport management unit

1. Do the management of cohabitation operations under the regulation of this Regulation and the operation management service contract signed with the General Board of State Administration or the representative of the apartment management (for the condomiers not to form the Board); perform the operation. maintenance of the general ownership of the condomiers under the maintenance contract if there is maintenance capacity.

2. Sign a sub-contract with units that provide services in the management of cohabitation operations (if any); overseeing the provision of services of these units.

3. A written notice of the collection, filing of relevant funds; notice the requirements, the content needs to pay attention to the occupiers in the event of a case of breakthrough situations such as natural disasters, epidemics, fire, and installation guidance. sets the devices in the owner ' s own possession.

4. Revenue of the management services management services under the agreement with the owners, who use the apartment house; collect, pay the fetishback to members of the apartment board members at the discretion of the condomiers ' conference.

5. periodically a 6-month period or at the request of the competent authorities to report publicly on the management of the apartment to operate with the General Administration; report the operational management situation at the condomiation conference; take the comments of the public. You know, the use of a public service management service.

6. Coordinate with the Joint House Board of Directors to address other issues that are involved in the management of the apartment building.

7. Accept the decision to resolve, the handling of the state agency has jurisdiction.

8. Do other rights and responsibilities according to the agreement in the contract for the management of cohabitation or under the provisions of the relevant legislation.

Chapter IV

RESOLVING DISPUTES AND PROCESSING VIOLATIONS IN MANAGEMENT, USING THE APARTMENT HOUSE

What? 43.

1. The disputes over the ownership of the apartment are addressed on the basis of negotiation, mediation under the rule of law on housing, the Regulation and the relevant legislation; the unnegotiated case, the mediation is required by the Court of the People to dissolve. The rules of the law.

2. The disputes over the management of the management of the apartment, in terms of the delivery, management, use of the funding maintenance of the general ownership of the apartment by the Provincial People's Committee, where the apartment is settled; the case does not agree with the decision. The Provincial People ' s Committee is entitled to ask the Court of People to resolve in accordance with the rule of law.

3. The disputes between the members of the House of Directors who are resolved under the statute of activities of the Board of Directors have been adopted by the general assembly.

4. Disputes between the House Board of Directors with the owner, who uses the condomiers on the voting, dismissal, waive, replace the House Board of Directors to be settled on a bargaining basis; the unnegotiable case is not negotiable. offers to hold a joint conference meeting to resolve.

5. The disputes over the operation management services contract, maintenance contract, contract service management contract between the service provider unit and the operating management unit are resolved under the agreement between the parties; the case is not agreed upon by the agreement. It ' s called the Court of the People to resolve the rules of the law.

What? 44. Waste Processing

1. Board member, Member of the Board of Directors, if in violation of management regulations, use of the apartment house and the statute, then depending on the extent of the violation that is abolished, replaced by the provisions of this Stator, and treated for administrative or prosecution. It ' s a criminal responsibility for criminal justice.

2. The event of a meeting of the General Assembly is held in the undefined meeting of the Regulation, the decisions, as a result of the meeting of the joint house meeting, are not recognized and must hold a joint conference meeting to decide again.

3. The case of the General Board of Directors decided not to be correct with the statute of operations, the process of revenue, the financial details, and the decisions were not recognized.

4. The person who uses the office of powers, the owner, who uses the condomiers as a rule of management, uses an apartment house according to the degree of violation that is executed by administrative or criminal liability.

5. The person with the violation of the damage is compensated by the rule of law.

Chapter V.

TRANSITION CLAUSE

What? 45. Procsent processing to the operating model of the Joint House Board of Directors and the management of the funding maintenance of the general ownership of the apartment building.

1. The condomiers established the Board before the date of the statute effective that the Board has the need to reorganize the operational model, change the number, component of the Board under the provisions of the Housing and Regulation Law, or separate, enter the Board. The board must hold a joint conference meeting to elect the Board under the provisions of this Regulation.

2. The condomiers established the Board before the date of the Regulation that the Board of Directors has had the statute of operations, the process of procurement, the financial details but not true to the regulation of this Regulation or the unregulated, unregulated statute. Under the provisions of the Statements, the Board must build or amend, to supplement the statutes to report the condomiation through the provisions of the Statements.

3. The condomiers established the Board before the Day of Regulation taking effect that the subject is not required to have the Board under the provisions of the Housing Law in and of this Regulation, the Board of Directors held the apartment house meeting to decide. It's the operation of the board.

4. The case was transferred to the maintenance of the general ownership of the apartment prior to the date of the statute taking effect, using the provisions of the law on housing and the statute. The House Board of Directors and the investment holder may unify the account for the implementation of a deposit account management that maintenance the general ownership of the apartment under the provisions of the Regulation but must report the nearest condomyal conference.

What? 46. Procsent to relay the transition to apartment building management operation

1. The condomiers are in the operating management unit but are not required to have the operating management unit under the provisions of the Housing Law, the joint house conference decided to make an agreement to end the contract of the service signed with the transport management unit. Or continue this contract.

2. Units that are carrying out condomiation management but not eligible for function, capacity under the provisions of this Regulation, must supplement the conditions to be managed to operate and send records to the Ministry of Construction under provisions at Article 28 of the Regulation. This statute of 01 years, since the date of the statute is effective; this is too many cases that the operating management unit does not add qualified conditions and records as defined by the Statements of the statute. General, except for the case of state-owned condomes that are being operated under the rule of law management, use of state-owned housing. .

3. Units that are carrying out condomiers that are eligible for function, capacity under the provisions of the Regulation, must submit a regulatory filing at paragraph 2 Article 28 of this Regulation to the Ministry of Construction for consideration, qualified notice. operation management, public registration on the Electronic Information Portal of the Department of Home Administration and the Department of Construction and of the Ministry of Construction for a period of 6 months, since the date of the statute is valid. The case is too restrictive at this clause that the operating management unit does not submit a filing to be notified by the provisions of the Regulation, unless it is contracted to administer the apartment, except for the case of a state-owned apartment. is being operated under the regulation of the law on management, using a state-owned housing.

Chapter VI

THE ORGANIZATION.

What? 47. Proxy The people of the provincial community and the Department of Construction.

1. The Provincial People ' s Committee is responsible:

a) The only implementation of the implementation of the provisions of this Regulation on the site; the base on the actual situation of the locality and the Statutor of this Regulation provides the specific guidelines for management, use of the apartment building to apply on the site;

b) The organization is common, propagation of regulatory regulations, use of apartment houses on the site;

c) The regulatory framework for the management of cohabitation operations under the provisions of Article 5 Article 106 of the Law of Housing;

d) The institution of rape revoked the general ownership of the apartment by the rule of the law on housing and the statute;

The only local functional agency to take over the work, the infrastructure system in the investment projects housing the project content was approved and the document approved the investment of the competent authority;

e) Review, the decision to administer the population of each building, the apartment cluster under the rule of law;

g) The organization of testing, inspection and disposal of a violation by jurisdiction or recommended body of authority to handle regulatory violations of management, use of the apartment in accordance with the rule of law;

h) Perform other responsibilities according to the rule of law.

2. The construction department is responsible for helping the Provincial People ' s Commission perform the state management function on management, using the apartment house on the site; report the Department of Construction on the management situation, using the apartment house on the site for 6 months, every year. Or ask for a mutated request.

What? 48. The responsibility of the District People ' s Commission

1. The Provincial Committee of the Provincial People's Committee decides to devolve responsibility for administrative management of the area of the apartment and to deal with jurisdiction.

2. The decision to recognize the House Board of Directors under the provisions of this Regulation.

3. Check out management, use of condomes; handle by authority or offer authority to handle regulatory violations of management, using the apartment house on the site.

4. Do other responsibilities issued by the People ' s Commission of the Province and by the provisions of the law.

What? 49. The responsibility of the guild.

1. Propaganda, advocacy of organizations, individuals who accept the regulation of this Statate of Regulation and the law on management, use the apartment house.

2. Watch, check out, resolve the entanging in management work, use the apartment house by authority or report the District People ' s Commission to review, resolve.

3. Coordinate, facilitate the management of the operator to carry out the supply of apartment services on the site.

4. Organization of the Joint House Conference and attend the General Assembly Meeting on the provisions of the Regulation.

5. Make other responsibilities according to the rule of law.

What? 50. The responsibility of the Home Administration and the real estate market

1. Guide, the implementation of this Regulation.

2. Check out the management, use of the condomiers within the country and propose a competent organ that handles violations of the law of management, using the apartment house.

3. Coordinate with the agencies involved in training, disseminalization, propagation of laws governing the management, using the condomiers across the country.

4. General opinion of the reflection of organizations, individuals with regard to problems entanging and proposing amendments, adding this Regulation to the appropriate.

5. Make other tasks related to the management, use of the condomiers according to the provisions of this Regulation or at the direction of the Minister of Construction.

In the course of execution, if it is difficult, entangled, the offer reflects timely reflection on the Ministry of Construction to guide or modify, complement the appropriate ./.