Circular 02/2016/tt-Bxd Dated: Issued Regulations, Use Of Condominium

Original Language Title: Thông tư 02/2016/TT-BXD: Ban hành Quy chế quản lý, sử dụng nhà chung cư

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952784/thng-t-02-2016-tt-bxd%253a-ban-hnh-quy-ch-qun-l%252c-s-dng-nh-chung-c.html

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The CIRCULAR issued regulations, use the condominium _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base Housing Law No. 65/2014/QH13;
Pursuant to Decree No. 62/2013/ND-CP dated 25 June 2013 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 99/2015/ND-CP DATED 20 October 2015 the Government detailing and guiding the implementation of some articles of the law on housing;
Proposal of the Director of Department of management and the real estate market, construction Minister issued circular on management rules, use the condominium.
Article 1. Attached to this circular regulations, use of condominium.
Article 2. This circular effect since April 2016. The following text is most effective from the date of this circular effect: a) decision No. 8/2008/QD-BXD dated May 28, 2008 Minister of Ministry of construction issued the regulations use the condominium;
b) Circular No. 05/2014/TT-BXD DATED may 9, 2014 of the Minister to build on the additional amendments, point a article 17 item 2 of the regulations using condominium attached to decision No 8/2008/QD-BXD dated May 28, 2008 by the Minister of construction.
Regulations on management, use the condominium building by the Ministry, the ministries and the provincial people's Committee, the city of centrally issued before the date of this circular has the effect that different regulations in the scope of the regulations, use the condominium was attached to this circular shall follow the provisions of Rules management, use the condominium was attached to this circular.
Article 3. Ministers, heads of ministerial agencies, government agencies, the Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this circular.


 



DEPUTY MINISTER signature (signed) Pham Hong Ha MANAGEMENT REGULATION, USING the APARTMENT (attached to circular No. 02/2016/TT-BXD dated 15 February 2016 of the Minister of construction) chapter I GENERAL PROVISIONS article 1. Scope 1. These rules apply to condominium have the purpose to stay and the apartment have mixed use residential and used on other purposes prescribed in the Housing Law No. 65/2014/QH13 (hereinafter referred to as the Housing Law), including: a) condominium trade;
b) condominium condominium, except the society prescribed in clause 2 of this Thing;
c) condominium to serve resettlement;
d) condominium owned former State had been renovated, rebuilt.
2. Encourage the application of the provisions of this regulation for the old apartment buildings owned by the State which has not been renovated, rebuilt. For condominium society just for students, students and workers in collective form more people in a room is not in the scope of this regulation.
Article 2. Application object 1. Owner condominium construction project; owners, who use the condominium; Condominium management; operational management unit condominium.
2. State administration is related to the management and use of the condominium.
3. The organizations and individuals related to the management and use of the condominium.
Article 3. Explanation of terms In this regulation, the terms below are interpreted as follows: 1. Condominium housing is stipulated in paragraph 3 of article 3 of the law on housing. 2. The building is a condominium condominium (there is a single integer or a number) are built under the planning and project records by competent authorities for approval.
3. Cluster condominium is a collection of two or more condominium buildings being built on a plot of land under planning, project records by the competent bodies for approval and has the same form of an owner or multiple owners.
4. Apartment has the purpose to stay is the condominium building, designed to use only for the purpose to stay. 5. Condominium there is mixed use condominium building, designed for use on purpose in and other purposes such as Office, trade, services.
6. Investor condominium construction project is the owner of capital or the Organization, individuals are assigned management, use of capital investment projects to build houses, including the House in accordance with the Law and relevant legislation (hereinafter referred to as the owner).
7. the owner of the condominium owners apartment and other area owners is not the apartment in condominium.
8. The use of condominium owners are directly using the condominium or organizations, households, individuals are using illegal apartments, the other area in condominium through the form of rent, borrow, in thanks, been authorized management used or used according to the decision of the competent authority.
9. the representative of the owner of the apartment or other area not apartment in condominium is the person who represents the owners of each apartment, each of the other area is not the apartment in condominium or legitimate users if the owner does not use and has the legal authorization (hereinafter collectively referred to as representative of the owner of the apartment).
10. Condominium has a condominium owner is only one owner for the entire condominium and no joint ownership part, own.
11. Condo has many condominium owners are two or more owners, including part ownership of each owner and have the common ownership, common use of the owners.
12. the joint ownership of multi-apartment houses is part of area, equipment systems, technical infrastructure systems are specified in paragraph 2 to article 100 of the law on housing but owned in common, generic use of the owners of apartment buildings.
13. the owner of the apartment is the section area, the system of the equipment specified in point b of Paragraph 2 to article 100 of the law on housing but owned only General, general use of apartment owners.
14. the owner of the Office, service, trade is part of area, the system of the equipment specified in point b of Paragraph 2 to article 100 of the law on housing but just shared, common uses of this function area home owners.
15. the joint ownership of condominium clusters is part of area, works, system devices, system technical infrastructure is owned in common, use of the owners of condominium clusters, including hot water, septic, generator, water pump, Garden (if any) and works other equipment, construction, and installation according to the design approved for general use for several buildings entered into condominium clusters.
Article 4. Principles of management, use of condo 1. Condominium must be properly used the function, purpose and content of the project approved.
2. The management and use of land must comply with the rules of management, use of each condominium, the provisions of the law on housing, this regulation and the relevant legislation.
3. The cost of condominium management is done under an agreement between the owner, the use of condominium management unit operated on the basis of the provisions of the law on housing. The use of expense management, expense of maintenance of common ownership condominium must ensure proper purpose , publicity and transparency, in accordance with the provisions of the law and this Statute; contributing the fees, fees in the process use the condo must comply with the provisions of the law.
4. Owners, who use the homes to close maintenance expense, expense management, operating expenses of the Board and the condominium fees, other fees in the process using the prescribed condominiums of this regulation and the relevant legislation; to executive management, rules of use, the provisions of the law on housing, this regulation and the relevant law in the process manager, use the condominium.
5. The Board of Trustees condominium on behalf of the owners, who are used to exercise their rights and responsibilities related to the management and use of land in accordance with the law and these bylaws; the case of condominium are not required to establish the management according to the provisions of the Housing Act, the owner, who is using the negotiate scheme condominium management.
6. The disputes, complaints regarding the management and use of the condominium is resolved according to the provisions of this regulation, housing Law and related laws.
7. All violations of rules on management, use the condominium should be handled promptly, the strict provisions of the law.
Chapter II MANAGEMENT CONTENT, USE the CONDOMINIUM article 5. Created, delivered and stored profile condominium 1. Condominium owners must establish and archive records of the housing under the provisions of article 76 and article 77 of the Act. 2. The owner is responsible for making condominium; This profile includes: a) investment project profile condominium building has been approved by the competent authorities, including the legal records of the project and complete the profile according to the provisions of the law on construction; as for the apartment is no longer the legal record, complete the profile to set the profile drawing back the condominium (hereinafter referred to as the browse project records);
b) condominium maintenance processes because the owner held up and approval under the provisions of the law on construction;
c) maintenance the section property of the condominium by the equipment provider;
d) using the drawing area to the car owner on the basis of records of the project and the design has been approved, which delineate clearly the garage area for the owners, who use the homes (including shared parking, space for cars) and public parking areas.
3. The storage of records the condominium regulations in paragraph 2 of this Article shall be as follows:

a) owner responsible for filing specified in Paragraph 2 of this Article; within 20 working days from the date the administrator or procurator condominium condominium management (for cases not established by the administrator) have written request delivered condominium profile then the owner is responsible for handing 2 record clone from originals prescribed in clause 2 of this condominium board;
b) after receiving the transfer of records, the management of responsible House archive and records management; the case of condominium management unit must be operated in accordance with the law on housing condominium Board then must provide a set of profiles that got handed by the owner for the operating management units, unless the unit is operation management owner;
c) case too the time limit specified in point a of this Clause that the owner does not hand over records condominium condominium Board then have text suggested the people's committees, districts, towns and cities in the province where the condominium (hereinafter referred to as the district people's Committee) asked the owner to hand over the records.
Within 5 working days from the date of receiving the written recommendation of the Board, the district people's Committee to check, if the owner has not yet handed over the records prescribed condominiums must have written asking investors to hand over records; within 10 working days from the date of receipt of the district people's Committee that the investor does not hand over records condominium shall be processed under the provisions of the law on sanctioning administrative violations in the field of management, use of houses and forced to hand over records condominium under the provisions of this regulation.
4. Before handing over the records, the owner and the management apartment or condominium management agent must perform a tally equipped, delineate the fact part ownership of condominium under the provisions of the Housing Act; the actual delivery of the scene and handed profile condominium is established as the minutes certified by the parties.
Article 6. Management part ownership in condominiums have many owners 1. Part of the area and the private-owned equipment by the owner specified in clause 1 Article 100 of law housing must be clearly stated in the contract of purchase and sale, lease to buy apartments or other area not part flat in a condominium (hereinafter referred to as contracts of purchase and sale apartments buy, rent).
Attached to the contract for the sale, purchase apartment rental, the owner must provide a drawing according to the provisions in point d article 5 item 2 of this regulation for the purchase, the hire-purchase.
2. where the contract for the sale, purchase apartment rental prior to this regulation are effective, then the determination of section area, the private-owned equipment and providing the enclosed drawings made under the provisions of the law on housing at the time of signing the contract; case law in no rules then determine by agreement in the contract of sale, purchase apartment rental.
3. the owner of the condominium can direct or authorize others to manage his own but the use of this private property must be properly secured with the right design, the approved purposes and do not affect the part of the other owner or part owner of the condominium.
Article 7. Joint management of common ownership, common uses of condominium owners have more 1. Part of area and equipment systems owned jointly by condominium owners are determined as specified in paragraph 2 to article 100 of the law and must be clearly stated in the contract of sale, purchase apartment rental. Accompanied by the purchase, hire purchase contract the apartment must have catalog parts owned in common under the provisions of the Housing Act; part owner of the apartment must be used for your purposes, the true power of approved design.
2. for works of service for the living of the owners, who use condominium that subject must hand over to the State, according to the project approved, but not yet delivered, the owner is responsible for the management of this work; After the hand-over to the State, then the unit is of State affairs management is responsible for the management, maintenance and use for your purposes, the approved design features.
3. for works of service for the living of the owners, who use condominium that building owner to the business according to the content of the project is approved, the owner has the ownership and responsible management, maintenance works.
4. For the owner of the apartment building has the aim to in the condominium owners have the responsibility to administer; If the condominium management unit must have operated, then delivered to the operational management unit manages this property; in no case must have an operational management unit, the condominium Conference decisions for condominium or delivered to other units that manage this joint ownership section.
5. For the common ownership of apartment buildings having mixed uses shall perform the prescribed management: a) case no separate division was part owner of the Office, the service trade precinct, then the owner of the condominium is responsible for the management of common property parts together; the management and operation of the joint ownership portion is made according to the provisions of paragraph 4 of this Article;
b) separate division cases are part of the common property of the Office, service, trade with the apartment owner is responsible for managing part of the condominium; the management and operation of the joint ownership portion is made according to the provisions of paragraph 4 of this Article. For the possession of the Office, service, trade management unit by operating the management, if the condominium has not managed units operated by the owners of this function zone management implementation.
For the owner of the building, the condominium owners have the responsibility to administer; the management and operation of the joint ownership portion is made according to the provisions of paragraph 4 of this Article.
6. With regard to the home community of apartment buildings by the owner or the administrator (if the condominium has a Board of Trustees) or operational management unit condominium management according to the decision of the meeting house.
7. For the joint ownership of the condominium, the cluster management of condominium clusters on behalf of the owners to manage the joint ownership of this section.
8. in case of a contract for the sale, purchase apartment rental before the date this regulation in effect is the determination of the portion of ownership of the condominium is made according to the provisions of the law on housing at the time of signing the contract; case law in no rules then determine by agreement in the contract of sale, purchase apartment rental.
Article 8. Ownership and the management of the condominium's parking 1. Parking of condominium built based on standards, building standards and profiles designed to be browsed. Parking can be arranged at the basement or first floor one or other area in the in or out of the House and are clearly in the contract of sale, purchase apartment rental; the seat to the vehicle must be used for your purposes according to the content of the project was approved and in accordance with the provisions of article 101 of the law on housing. 2. As for the condo has an owner, the seat to the vehicle owner, the owner's management but must be used in accordance with the approved project content, the provisions of the Act and this regulation. The case of condominium management unit must be operated by a management unit operation make this parking management; If the subject does not have to have the unit operation, the owner or rent other units perform this parking management.
3. With regard to public-owned vehicle as defined in Article 101 paragraph 1 of point a housing Law Unit by the operation management; the case of condominium management unit have not operated but in an admin must have condo Housing Law under the provisions of the condominium Conference decisions to the Board of Trustees or other units on behalf of the owners to this parking management; If the condominium has not operated management unit and does not have the management, the owner of the unified self governing or rent other units perform this parking management.
4. With regard to cars for the condominium owners specified in point b of paragraph 1 to article 101 of the law on housing, then follow the following rules: a) buyer, buying rental apartment or other area section in the condominium (hereinafter referred to as the buyers of apartments) decide to buy or rent a place for cars intended for the home owner under the provisions of the law on rallies housing. The case has enough room to House cars for each apartment and apartment buyers wishing to purchase or rent the place to this vehicle, the owner must resolve to sell or lease this car seat but must guarantee the principles of each apartment owner or other area in the apartment was not bought , rent exceeds the number of seats to car designed, built according to the approved project for an apartment or a part-owned private area in condominium;
b) condominium case there is not enough room for cars for each apartment, the owner resolved the sale, this car seat to hire on the basis of the agreement of the person who bought the apartment together; the case of the people who buy the apartment deal was then the owner resolved the draw method to be bought, rented room to the car;

c) purchase, the seat rental cars specified in point a and point b of this Clause may be recorded in purchase contracts, rent to buy apartments or establish a separate contract; parking rent is paid monthly or recurring, money to buy the car seat to be charged once or deferred payment, according to the agreement of the parties. Car seat rental case then responsible for closing the funding management, premium look to the car because the parties agreed in the lease to the car; where to buy seats to the car, the buyer must pay the expense of management, premium look to hold the vehicle in accordance with the law and under the agreement with the service provider;
d) Who Buy seats to cars if demand assignment or lease this car seat to then just assign the lease for the owners, who are using the condominium or transfer back to the investor;
DD) where people buy, rent to buy apartments and not buy the car seat to the provisions in this clause, the parties must specify in the contract of purchase, hire-purchase of apartments is part of this area owned and managed by the investor, the investor does not count the cost of investing in the construction of this car seat on sale price buy apartment rental prices; the case of the buyer, the apartment rent buy buying car seat rental, then the owner must separate the purchase price, the purchase price for parking place rental, purchase apartment rental;
e) car parking provisions in this clause due to operational management unit management; the case of condominium management unit has not operated under the provisions of the Housing Act, the owner or rent other units managed to spot this car.
5. The management of public parking House (parking reserved for objects not the owners, who use condominium) are made according to the following rules: a) the case owner Office functional areas, service trade, buy public parking by the owner, the owner is responsible for this functional area of management;
b) where owned by the investor, the investor's responsibility to manage; If the owner of the functional areas of the Office, service, commercial rent by the owner, the management of this car seat to be made under an agreement in place to lease the car;
c) where public parking by the State according to the approved projects, the unit is of State Affairs Manager responsible for this parking management.
6. The organization, individuals own the seat to the vehicle according to the provisions of paragraph 4, paragraph 5 of this Article are responsible for closing the funds management operations and perform maintenance to this car seat; car seat rental case, the maintenance responsibility for parking place is made under an agreement in place to lease the vehicle.
Article 9. A rules management, use condominium 1. The condominium in the scope of this regulation must have A management rules, used with the content specified in paragraph 2 of this Article and in accordance with the model specified in annex No. 1 attached to this regulation.
2. A management rules, use the condo has the following principal contents: a) regulations apply to owners, users, and guests staying on the condominium;
b) the acts prohibited in the use of the condominium and the handling of violations of rules of management, use of the condominium;
c) regulations regarding the use of the common property of the condominium;
d) rules about repairs to the damaged, changes in equipment and own the processing when there is trouble condominium;
DD) regulating the prevention of fire and explosion in a condominium;
e) provisions on the publicity of information relevant to the use of the condominium;
g) provisions on the obligations of owners, who use the condominium;
h) other provisions depending on the characteristics of each condominium.
3. Cases not yet held the meeting first condominiums, the owner is responsible for building A rules management, use the condominium as defined in paragraph 1, item 2 of this article, attach, hire purchase contract to buy the apartment and publicize A rules at Community lift, lounge and reception areas of apartment buildings.
4. When the Conference first tenement house, the Conference might consider, amend, Supplement A rules management, use the condo owner created content but additional amendments are not contrary to the provisions of the law and the provisions of this regulation. After the Conference the first condo, condominium board or the condominium management representative for cases not established the Board of Trustees is responsible for publicizing A rules in the public sector community, lobby and front desk area of apartment buildings.
Article 10. Condominium management 1. Operation condominium operation management includes the following tasks: a) the control, operation, regular maintenance system of elevators, water pumps, generators, fire alarm system, fire extinguishing system, fire tools, backup equipment and other equipment in common ownership section , common uses of apartment buildings, condominium clusters;
b) provide the protection service, environmental hygiene, waste collection, taking care of the garden of flowers, plants, insects and other services for secured condominium function normally;
c) other related work.
2. in case of condominium management unit must be operated in accordance with art. 1 Article 105 of the law on housing, then all the work prescribed in clause 1 of this article are due to the operation of the management unit; owners, who use private hire services are no different to perform the operation. Operational management unit condominium can sign contracts with service providers to implement the operational management jobs condo but is responsible for the management of operation according to the content of the service contract was signed with the admin condominium.
Article 11. Condominium maintenance 1. Condominium maintenance activities including testing, monitoring, quality control, minor repairs, routine repair and overhaul section condominium building; checking, maintaining the fire safety system, fire; replace components or equipment use of buildings, condominium clusters.
2. the owner of the condominium is responsible for maintenance of own and contribute funding to perform maintenance part ownership of the condominium as defined by the law and these rules.
The case has damaged the part of private property that affect the other owners, the owners have the responsibility to repair the damage that, if the owner does not make the repair, then the operation of the management unit or person assigned management of condominium to be suspended or recommended service providers offering mobile service suspension water, for the most part this private ownership; the case has damaged the part of common property in the region owned by the individual owners of private property are responsible for facilitating and supporting operational management unit condominium, unit construction and repair the damage.
3. The maintenance construction of condominium unit must have competence under the provisions of the law on construction; maintaining the equipment system of condominium unit must have the capacity to correspond with the maintenance work done. Case management unit condominium maintenance capable then can rent this unit perform maintenance.
4. During the meeting of the Organization of the Conference yet condo first, maintaining the section property of the condominium is done according to the maintenance processes specified in point b and point c of Paragraph 2 of article 5 of this regulation.
5. After the Conference, the first condominium maintenance part ownership of the condominium has many owners have to follow maintenance procedures specified in point b, point c, Paragraph 2 article 5 of these bylaws and annual maintenance plan by the condominium through the Conference under the provisions of this regulation; the event of sudden damage or damage due to fire, natural disaster, then homes Board decided the maintenance according to the provisions of this regulation and the relevant legislation but must report the condominium at the Conference meetings.
6. The implementation of the General property maintenance of multi-apartment houses is done according to the rules in section 4 of chapter III of this regulation.
Chapter III ORGANIZATION of the management and USE of the CONDOMINIUM category 1 CONDOMINIUM CONVENTION article 12. Condominium Conference 1. As for the condo has an owner, the condominium is the Conference's Conference represents owners and users of condominium.
2. for condominium owners are more then the Conference is the Conference of condominiums represent the apartment owner or person are used if the owner did not participate (including the case got handed apartment or other area in the condo but not yet paid out of money for the investor except in the case of an end, hire purchase contract to buy the apartment).
3. Conference the condominium has the power of the content related to the management and use of land according to the provisions of article 102 of the Act and the provisions of this regulation.
Article 13. Condominium first Conference 1. Conditions to organize the Conference first condominiums are specified as follows: a) the Conference of apartment buildings have to be held within a period of 12 months from the date of condominium that was put to use console and have a minimum of 50% of the flats have already been delivered (including apartment number that investors keep selling); the case too the time limit stipulated in this Point that apartment buildings don't have enough 50% of the flats are handed over, the Conference was held after the condo has a full 50% of the flats are handed over;
b) cluster Conference held residential home when there is a minimum of 50% of each apartment buildings in the cluster have been delivered (including apartment number that investors keep selling) and have a minimum of 75% of the representatives of each apartment owner received delivery of building put into use agreed to enter the building to condominium clusters.
2. The condition on the number of people attending the Conference meeting first condominiums are specified as follows:

a) for meeting of apartment buildings, they must have a minimum of 75% of apartment owners representatives got handed to attend; the case first convened without enough 75% of apartment owners representatives attended the second Conference convened when there are a minimum of 50% of flat owners representatives got handed to attend. If convened the second Conference without enough people to attend as specified at this point, the investor suggested the people's Committee of the communes, wards and towns where condominium (hereinafter referred to as the ward-level people's committees) to the Conference in accordance with Paragraph 5 of this Article;
b) for meeting of the condominium to cluster enough people have agreed to enter the building to condominium clusters as defined in point b of Paragraph 1 of this article to attend; the case first convened without enough people attending as a rule then convened the second when there are a minimum of 50% of the people have agreed to enter the building to condominium clusters to attend; If convened the second Conference without enough people to attend, the Committee recommended to the Conference precinct level as specified in clause 5 of this article, unless the building cluster meeting held in condominium private Conference as defined in Point c of this Paragraph;
c) case of apartment buildings in the cluster does not have enough people attending the Conference cluster condominium after the convening of the second as defined in point b of this Paragraph, the owner of this building can House Conference to establish the management of private buildings as defined in point a of this Paragraph.
3. The owner (if the condominium has many owners) or the owner (if the condominium has an owner) is responsible for the preparation of the content of the meeting, notice of the time, location and hosts the official Conference for the owners, who use the condominium. The owner or the owner can organize preparatory meeting to prepare the content for the Conference the official apartments. Content of the Conference preparation condominium first included the following work: a) check, identified as representing apartment owners to attend the meeting; the proxy case, they must have written legal authorization;
b) draft Conference regulation condominium;
c) is expected to propose additional amendments rules management, use land (if available);
d) draft regulation on election of the Board, proposed the name of the Board as defined in art. 1 Article 23 of this regulation, the proposed list, the number of members of the Management Board, the Deputy Minister, scheduled by the administrator (if the condominium in an must have the Board);
DD) for condominium owners have more need to prepare additional content, including proposed service price management, maintenance plan draft part ownership of the condominium, the unit proposed operating management in the case of condominium management unit must be operated but the owner does not have the function operational management capability, or functional, operational management capability but do not participate in managing the operation and do not entrust other unit operations management; case condo Board must have proposed to model the operations of the Board, the draft regulations and the regulations of financial incomes and expenses of the Board;
e) announced the price of the service fee such as swimming pool, gym, tennis, spa resorts, supermarkets and other services (if any);
g) other proposals related to the management and use of the condominium to report the meeting house.
4. Conference the first condominiums to decide the following: a) Conference regulation condominium (including the first annual meeting, meeting and extraordinary meeting);
b) elect the Board regulations, the designation of the Board of Trustees, the number, the list of Board members, head of Department, Deputy Administrator (if the condominium has established the management);
c) modify, Supplement rules management, use land (if available);
d) the contents specified in point 3 of this Clause; DD particularly for operational management service price condominium the condominium Conference decided on the basis of the provisions of this regulation and in agreement with the operating management units;
DD) The account funds that the owners, who use the homes must contribute in the process of using the condominium;
e) other related content.
5. the people's Committee in ward level is responsible for organizing the first condominium when one of the following cases: a) condominium was handed put to use too the time limit of 12 months and has had enough of 50% of the flats are handed over as defined in art. 1 of this but the owner did not organize the meeting house and have the representative of the owner of the apartment got handed the proposal Committee the Conference precinct level;
b) Investor Conference meeting held condominium but did not have enough people to attend the Conference as defined in paragraph 2 of this Article and the investor or represents apartment owners have suggested text-level people's committees to the Conference precinct.
6. within 30 days from the date of application of the representative of the owner of the apartment or get the texts proposed by the investor as defined in paragraph 5 of this article, the ward-level committees responsible for organizing Conference condominium. The result of the first condominium Conference due to the people's Committee issued valuable organization Ward applied to the owners, who are using the condominium as the Conference condominium owner organization.
Article 14. Extraordinary condominium Conference 1. Extraordinary condominium Conference was held when one of the following cases: a) Elected prefect or alternate Deputy administrators by being dismissed, dismissed or being dead, missing; the event replaced Deputy management representative of the owner, the owner sent other people assume that is not organizations Conference extraordinary condominiums;
b) dismissed or dismissed the entire Board members and elected new Board;
c) alternate member Elected Board of Trustees is not prefect, Deputy ban due to be dismissed, dismissed or being dead, missing in the case held the opinions of the owners of the condo but not enough people agree in accordance with point b paragraph 3 to article 26 of this regulation or elected to replace a member apartment house management in accordance in point b of paragraph 4 to article 26 of this regulation;
d) condominium Board recommended replacing the unit operation or the proposed price adjustment operated management service condominium;
DD) other cases when the application of over 50% of flat owners representatives got delivered.
2. The condition on the number of people attending the meeting unusual apartment buildings are defined as follows: a) the case conference condominium to a decision in the matter of the provisions in points a, b, c or d of paragraph 1 of this Article must have a minimum of 50% of flat owners representatives got handed to attend;
b) case of condominium Conference meeting as proposed by the owners of apartments in VND Account 1, then this must be a minimum of 75% of the people there have been petition hosts extraordinary condominium Conference attendance.
3. Conditions on the number of people attending the Conference extraordinary condominium clusters are defined as follows: a) the case conference condominium clusters to elect new Chief elected or the entire cluster Admin condominium or decide the content specified in point d of Paragraph 1 of this article must have a minimum of 50% of flat owners representative has received delivery of condominium clusters.
In the case in each of a building in the cluster has a separate management unit, which has proposed building change management unit operate or propose to adjust the price of the service management of the building, they must have a minimum of 50% of flat owners representative has received delivery of that building to attend the Conference and the only condominium of this building to the decision;
b) case alternate Deputy elected Board of Trustees or Board members are representatives of buildings in condominium clusters, only condominium Conference of this building to elect other members; the building's Conference held a meeting to elect a replacement when there is a minimum of 50% of flat owners representative has received delivery of that building to attend;
c) where cluster Conference apartment according to the suggestion of the owners of apartments in VND Account 1 this must have a minimum of 75% of people had suggested the meeting Organization single Conference extraordinary condominium clusters.
4. The Admin responsible condominiums prepare content, to announce the time, location and hosts the official Conference for the owners, who use the condominium.
5. the people's Committee in ward level is responsible for organizing the Conference, the extraordinary condominium clusters to decide one of the contents specified in points a, b or c of paragraph 1 of this Article when one of the following cases: a) condominium Board has held Conference apartment extraordinary condominium clusters, but does not have enough people attending as defined in art. 2 or art. 3 of this article and have written recommendation of the Board of Trustees condominium;
b) Has a minimum of 50% of flat owners representatives got handed the proposal to the Conference House unusual to decide one of the contents specified in points a, b or c of Paragraph 1 of this article but the admin condominium Conference no condominium extraordinary condominium clusters.
6. within 30 days from the date of receiving the written recommendation of the Board of Trustees or received representatives of flat owners specified in Clause 5 of this article, the ward-level committees responsible for organizing Conference condominium. The result of the Conference the extraordinary condominiums because people's Committee issued valuable organization Ward applied to the owners, who are using the condominium as the Conference Board by condominiums condominium regulations in this organization.
Article 15. Annual condo meeting

1. Conference the annual condominium is held once a year when there is a minimum 30% representation of apartment owners got handed to attend or have quantity less than due to condominium owners. The Conference, the annual condominium clusters have the following content: a) heard reports the results of activity of the Board of Trustees and through the revenues, the Board's annual condominium;
b) considering, through settlement of funds owned part of maintenance of the condominium during the year and through planned maintenance section General ownership condominium of the following year;
c) heard reports the situation of condominium management;
d) decided the content according to the provisions of article 102 of the law on housing (if available).
2. for the annual meeting of the apartment buildings that incorporate a decision in the following issue it must have a minimum of 50% of flat owners representatives got handed to attend: a) elected to replace the Chief or Deputy administrators by being dismissed, dismissed or die , missing; the event replaced Deputy management representative of the owner, the owner sent other people assume that the Conference not a condominium;
b) dismissed or dismissed the entire Board members and elected new Board;
c) alternate member Elected Board of Trustees is not prefect, Deputy ban due to be dismissed, dismissed or being dead, missing in the case held the opinions of the owners of the condo but not enough people agree in accordance with point b paragraph 3 to article 26 of this regulation or the elected members of the Board of Trustees condominium as defined in point b paragraph 4 to article 26 of this regulation.
3. for the Conference condominium clusters whose annual combined decided to elect the head of the Board of Trustees or decide the matter specified in point b, point d article 14 paragraph 1 of this regulation, they must have a minimum of 50% of flat owners representatives got the cluster console condominium that attend.
4. The Admin responsible condominiums prepare content, to announce the time, location and hosts the official Conference for the owners, who use the condominium; The Board may hold preparatory meeting to prepare the content for the official Conference meetings.
5. In the case of insufficient number of participants according to the provisions in paragraph 2 of this Article, the Board of condominium proposal writing Committee Conference ward level condominium as defined in clause 5, paragraph 6 of article 14 of this regulation.
6. The case through surveillance, discussion at the condominium where owners of condominium discovered financial violations of Management Board members, condominium, then depending on the level of violation, condominium Conference may decide to dismiss a , some or all of the Board members and elected condominiums replace other members according to the provisions of Paragraph 2 or paragraph 3 and Paragraph 5 of this Article; If people are in violation an arrested save for criminal liability, the condominium through the Conference decided to recommend competent authorities consider, handle criminal liability under the law.
In case of need, the Conference decided to establish condominiums or rental unit audit has the expertise to examine the books and the currency, the Finance Board's condominium; the case of the professional unit rental, the owner, who is using the condo must contribute funds to pay the cost for this unit under the agreement.
Article 16. Participants and the voting at the meeting house 1. As for the condo, the condo has an owner, the participants of the Conference included condominiums represent owners, who use condominium and invite representatives of the Committee to grant the ward where the condominium to attend.
2. for condo, condominium clusters have multiple owners, the participants of the Conference are regulated apartments as follows: a) Conference case condominium first participants includes investor representatives, representing apartment owners got delivered and invite representatives of the Committee to grant Ward;
b) Conference case condominium and condominium annual Conference, the participants included representatives of apartment owners got delivered, representative of the owner (if the owner also owns the area in condominium), representatives of the operating management units (if the condominium to hire management unit) and invite representatives of the people's Committee to grant ward.
3. The right to vote at the Congress of apartment buildings, condominium clusters are measured in units of apartments and are specified as follows: a) each apartment in condominium corresponds with a voting;
b) for the other area in a condominium is not flat then each building floor area equivalent to the floor area of the largest apartment building by design was approved in the House that has a voting.
4. Every decision of the Conference to apartment buildings, condominium clusters be adopted according to the principle of majority voting or by voting; the content of the meeting must be made in the minutes, signed by the presiding Member and Secretary of the meeting the meeting house.
Section 2 MANAGEMENT APARTMENT article 17. Condominium management 1. As for the apartment there are many owners that are established by the administrator in accordance with the Housing Act, the Board of Trustees is condominium has legal personality, seal and operate according to the model specified in clause 1 Article 18 of this regulation; By the Conference Board, condominium clusters elected to exercise their rights and responsibilities as prescribed in clause 1 and clause 2 Article 41 of this regulation.
2. With respect to the condominium has an owner or condominium has many owners that have under 20 then apartment condominium Conference decided to set up the Management Board established or not. The case established the management condominium, the principle of operation and organization of the Board shall be as follows: a) case of condominium has an owner, the management apartment does not have legal personality, no seals; The Board operates under the provisions of Article 18 paragraph 3 and the implementation of the right, the responsibility prescribed in clause 2 Article 41 of this regulation;
b) condominium case has multiple owners, the model and operating principles of the Board of Trustees condominium is made according to the provisions in clause 1 of this article.
3. The Board of Trustees condominium as defined in paragraph 1, item 2 of this activity term, and was re-elected at the meeting House of the last term of year, unless the Conference meeting, extraordinary condominiums to replace elected Board of Trustees.
4. The decision of the Board of Trustees condo if in excess of the powers specified in article 41 of this Regulation shall have no legal value; the case of damage to the legitimate rights and interests of organizations and individuals, the Board member responsible for compensation under the provisions of the law.
5. in case of condominium management unit must be operated in accordance with the law on housing condominium Board shall not hire the workers, not be established directly under the parts; the case of condominium are not required to have operating management units, the Board hired separate services to condominium management. The members of the Board of Trustees is responsible for apartment house performed the work as assigned in the regulations of the Board.
6. The management cost of apartments operated by the owners, who use condominium annual contribution on the basis of the decision of the meeting house; This funding was clearly in regulations of the Board of Trustees and is managed through an account management activities; Condominium management must use work properly funding purposes, not used to the business and to report the currency, at the meeting the meeting house.
7. The level of remuneration of the members of the Board of Trustees condominium by the owners, who use condominium contribute according to the decision of the Conference on the basis of condominiums on the specific conditions of individual buildings, condominium clusters and each locality, except where the Board members refused to accept the compensation.
The case of condominium management unit has operated under the provisions of the Act and this regulation, the housing owners, who are using the condominium is responsible for closing the remuneration through this unit to pay for Board members; This money is not in accounting operations unit's operating management. If the condominium had no operational management unit under the provisions of this regulation and Housing Law, the remuneration of Management Board by the condominium and pay for each Member.
Article 18. Board model condominium 1. Condominium management, condominium owners are more established and operated according to the Chairman of the Board of the model or the Board of the cooperative or the model of the Management Board of the company. Condominium Conference decided to model the operations of the Board House.
2. in case the Board established condominiums and operate according to the Chairman of the Board of the model or the Board of the cooperative, the convening and organizing the meetings of the Board made under the provisions of the law on cooperatives. Case management condominium is established and operating according to the model of the Board of the corporation convened and hosted a meeting of the Board of Trustees is made according to the regulations of the corporate law.
The voting and record the minutes of the meeting of the Board of Trustees condominium must comply with the provisions of article 25 of this regulation.
3. The Board of Trustees, condominium clusters have an owner is established and operating according to the model of self-government; the Board members themselves uniformly assigned to exercise their rights and responsibilities as prescribed in clause 2 Article 41 of this regulation.
Article 19. Requirements for members of Management Boards condominium

1. for condominium owners have more Board members then condominium is the owner is using the condominium; as for the condo has an owner, the Board members are representatives of the owners and who are using the condominium. The members of the Board of Trustees is the condominiums have health, money, money; priority select people who have the knowledge, the experience of building, architecture, finance, law joined the Board of Trustees condominium.
2. The members of the Board of Trustees to join class condominiums fostering knowledge on management, use land due to training and upgrading professional knowledge, professional condominium management organization under the Ministry of construction.
Article 20. The number of Board composition, apartment 1. The number of Board members, the cluster condominium by condominium Conference decision but must comply with the following provisions: a) for the management of apartment buildings have a number from 3 to 5 members;
b) with respect to the management of condominium clusters can number from 6 to 25 members, in which each building has the number from 3 to 5 members.
2. composition of Management Boards, condominium clusters have multiple owner is specified as follows: a) the management of apartment buildings including 1 head, 1 or 2 Deputy ban and other members due to condominium Conference decisions.
The case owner also owns an area of in the condo, the owner's representative can be elected condo Conference head of condominium management; no case was elected Secretary of the Board shall be joined as Deputy Managing land;
b) Board of the cluster of apartment includes 1 head of Department; each building in the cluster hosts to 01 or 02 represented Deputy ban and other members due to condominium clusters Conference decisions.
The case of the owner also owns the condominium in the cluster area, the representative of the owner can be condominium clusters Conference elected head of the Board of Trustees condominium clusters. Each building in the condominium clusters whose owner also owns the area then the owner was represented as Deputy Administrator of the cluster representative, except for the owner of that building was elected head of the Board of Trustees of the condominium clusters.
3. Management Board composition condominium, condominium clusters have an owner including 1 head, 1 or 2 Deputy ban and other members due to condominium clusters Conference decisions.
Article 21. Splits, condominium board input 1. The split, enter Admin condominium regulation in this only applies for condominium owners and many established by the administrator.
2. The separation of the management of condominium clusters are defined as follows: a) the case represented the owners of apartment buildings in condominium clusters need separated clusters of this House to establish the management of private buildings is the building's Conference to get the opinion of the owner of the condominium; If there is a minimum of 50% of flat owners representative has received delivery of this building agreed (through collective recommendations thereon), the members of the Board are the representation of the building sent a collective proposal to Ban cluster administrator condominium.
After sending the minutes suggest the management cluster condominium knows, the owner of the building suggest separated clusters of uniform election Provisional Committee to organize the meeting house was first prescribed in clause 1, 2, 3 and 4 of article 13 of this regulation; the elected, identify the component, the number and pattern of activity of the Board of Trustees made condominiums under the provisions of this Section. Representatives of the building is a cluster management board members will not be recognized as members of the Board of Trustees of this phrase after the Board established condo buildings;
b) where apartment buildings separated from the cluster to which the representative of this building are the Chief Executives of the condominium, the phrase after the management of the building is established, the management cluster condominium are held Conference apartment clusters unusual to replace elected Board Chief condominium clusters according to the provisions of article 14 of regulation This;
c) case represented the owner of the apartment buildings in the cluster that needs splitting into the management of each building separately after the Conference building apartment buildings to have collective recommendations thereon in accordance with point a of this Paragraph, the management cluster condominium must organize meetings to agree on manner of delivery of records cost of maintenance, the building for the new building management after being established.
After the building's representatives sent a collective proposal to Ban cluster administrator condominium buildings, proceeded to the Conference of apartment buildings as defined in point a of this Paragraph;
d) Board recognized procedure condominium prescribed in this paragraph are made according to the provisions of article 22 of this regulation.
3. The import of the management building on the management cluster condominium is defined as follows: a) the case of apartment buildings had the Board is active, independent and qualified to form clusters of condominiums under the provisions of this regulation, the management of this building is the meeting organizer to establish cluster management home Condo; meeting minutes must specify option enter the cluster management, the transfer of the building records, records of operations and management of funds are due to the management management buildings.
Each Board meeting of the Organization of buildings must take the opinions of the owners of the building; If there is a minimum of 50% of flat owners representative has received delivery of each building agreed to enter the building to condominium clusters (through collective recommendations thereon), the management of the buildings is responsible to coordinate the Conference first condominium clusters. The condominium clusters Conference meeting first to comply with the provisions of paragraphs 1, 2, 3, 4 Article 13 and article 26 of this regulation;
b) where apartment buildings have had the Board are independent activities that have a need to enter into the management of condominium clusters have been established, the Board of Trustees and the Board of Trustees building condominium clusters are organized in a meeting and have a uniform on board entered the building to condominium clusters management.
After the minutes of the Board of the unified cluster condominium must organize meetings took the opinions of the owners in the condominium, the management of the building to the Organization of the meeting took the opinion of the owner of the building; If there is a minimum of 50% of flat owners representative has received delivery of cluster of condominiums and 50% representing apartment owners have received delivery of the apartment building, agreed to enter the condominium clusters (through collective unity thereon), the management of this building is the meeting organized the Conference building to send representatives to participate in the management condominium clusters.
Number, composition representatives of the building involved the management cluster condominium is defined as for the other buildings in this condominium clusters; the case of investors are representative as Deputy Administrator of the building then this representation be involved to associate Board of the cluster of condominiums;
c) procedure for recognizing the management of condominium clusters defined in this clause are made according to the provisions of article 22 of this regulation.
4. The delivery, records management related to the building, records the activity of the management and delivery of condominiums the relevant funding accounts for the case prescribed in clause 2, paragraph 3 of this article shall be as follows: a) for cases stipulated in item 2 of this Article shall within 7 working days from the date of the Board of Trustees of the new building have written proposal, the Board of Trustees cluster condominium has a responsibility to hand over the records and the entire expense related to the building was separated into clusters for the new Board of management building, according to the regulations;
b) for cases prescribed in paragraph 3 of this article shall within 7 working days from the date of the Board of Trustees of the new condominium clusters have written proposal, the Board of Trustees of the building has a responsibility to hand over records of the building, records the activity of the management and transfer of the whole of the relevant expense accounts of this building to the Commission condominium management cluster treatment prescribed;
c) management apartment buildings or condominium clusters have suggested text accompanied by a copy attested decides to recognize the people's Committee of the district send the credit institution where is managing funding maintenance of the cluster of houses or apartment buildings proposed to transfer the funds to the new Management Board;
d) after receiving the proposed profile specified in point c of this Paragraph, credit institutions are responsible expenditure management to transfer all of the remaining funds under the provisions of point a, point b of this Clause for the new Management Board; the delivery of active records of the Board and the transfer of funds specified in this paragraph must be made in the minutes signed by the parties concerned; the management, using the account funding after handing the management of the new condo buildings are done in accordance with the law and these rules.
Article 22. Procedure of recognition and active message board's condominium 1. Within 10 working days from the date of the meeting House vote (including the case Board of Trustees elected the first Board elected; when term or when being dismissed, replaced elected new Board; when separated, enter the Admin or the elected Prefect replacement, Deputy Managing land) Condominium management, are responsible for filing the proposal recognized the Board prescribed in article 23 of this regulation at the county-level people's committees where the condominium.

2. within 7 working days from the date of receiving the application suggested by the Board, the district people's Committee is responsible for examining and issuing the decision recognizing the management condominium; the case district people's Committee has decided to recognize the Board to revoke this decision before the delivery of the new accreditation decision for admin condominium.
3. content decision Board recognized condominium include: a) the name and model of management activities of the Board;
b) of the number of Management Board members;
c), last name, and the title prefect, Deputy Administrator;
d) term of operation of the Board;
DD) responsible for enforcing decisions of the organisation or individual concerned.
4. After the accreditation decision by the administrator of the district people's Committee, the Board has the responsibility to set up the account the operation of the Board; the case has many condominium owners, then the Board must establish an account to manage the expense of maintenance of common property under the provisions of the law on housing, these rules and sign the seal as prescribed by the law on registration seal management (condominium management name engraved on the seal should coincide with the name of the Board was a Committee the people of district level recognized), unless the administrator has a seal and have an account established under the provisions.
5. The Board of Trustees had a condominium owner is active since the district people's Committee. The Board has many condominium owners to be active since the seal to be registered under the provisions of the law and have the account established under the provisions of this regulation.
For the Board of Trustees has many condominium owners have had the seal, whose accounts were established under regulations that are not in the case of renaming the admin must have text alerts for credit institutions which had enclosed copies of account opening have certified accreditation decision by the administrator to perform transactions with credit institutions according to the regulations.
Article 23. Records suggest that the condominium Board received 1. The case established the management first tenement house, the records suggest recognition of management include: a) text proposed by the Board of Trustees, which specify the name of the Board was the meeting house through; If the establishment Board of the apartment buildings, the Board name is named or number of buildings; If the establishment Board of the cluster of condominium management name due to condominium Conference decides;
b) Conference meeting minutes condominium on the elected Board of Trustees;
c) list of Board members; They name the head of Department and deputy administrators;
d) Regulations of the Board of Trustees was the meeting house through.
2. where the Board elected condominium when the term or elect the new Board of Trustees due to diminished according to regulations or alternative vote, Vice head of the Board of Trustees, the profile suggested recognizing the management apartment consists of: a) text proposed by the Board of Trustees;
b) original decision recognized the Board condominium;
c) Conference meeting minutes condominium about re-elected, elected to replace the Board or elected to replace the Chief, Deputy Administrator;
d) list of the Board of Trustees (including a list of the Board members, the position, the Deputy Head of the Board of Trustees);
DD) Regulations of the Board of Trustees was the meeting house through (if any amendments and supplements to this Regulation).
3. in case of separation of the management cluster condominium as defined in paragraph 2 of article 21 of this regulation, the records suggest recognition of the Board shall be as follows: a suggested case) recognized the building's Board after it separated from the cluster of condominiums, the profile includes the documents specified in clause 1 of this boundary enclosed a unity separated clusters of condominiums represent the condominium owners as defined in point a of Paragraph 2 of article 21 of this regulation; in case an specified in point c of Paragraph 2 of article 21 of this regulation, they must have more original decision recognized the Board condominium;
b) recommended case management recognition of clusters of apartment buildings after having separated from the cluster profile includes the text suggested by the cluster management, the original decision to recognize the management cluster, a list of the members of the Board of Trustees condominium clusters rest (specify the name and location of each Member of the Management Board treatment); the case is re-elected head of cluster administrator condominium as defined in point b of Paragraph 2 of article 21 of this regulation must be accompanied by a Conference meeting minutes condominium on the elected Chief and the list are elected.
4. in case of condominium management entry as specified in paragraph 3 of article 21 of this regulation, the records suggest that the Board recognized condominium clusters are defined as follows: a) the recommended case management recognized cluster of condominiums after entering the management of buildings, the profile includes the documents specified in clause 1 Article This, a collective proposal of the representative of the owner of the condominium as defined in point a of paragraph 3 of article 21 of this regulation and the original decisions recognizing the management apartment buildings;
b) recommended case management recognized cluster of condominiums due to enter the building's Board on the management of condominium clusters, the profile includes the suggested text of cluster management, unified collective thereon of the owners of the building; condominium and cluster meeting minutes meeting of the apartment building that needs to enter the cluster as defined in point b of paragraph 3 of article 21 of this regulation, a list of the members of the Board of Trustees of the cluster (including new members of the building type in the cluster) and the original decision to recognize the admin building condominium clusters.
Article 24. Operating rules and regulations of financial incomes and expenses of Trustees condominium 1. Operating rules and regulations of financial incomes and expenses of the Board, clusters of condominiums by condominium through the Convention, ensure public, transparent, comply with the provisions of this regulation, the provisions of the law and relevant laws.
2. Regulation of the activity of the Board of Trustees, condominium clusters include the following content: a) models of management activities; the relationship between Board members and between Board with agencies, organizations involved in the management process, use the condominium;
b) principle of the organization meeting of the Board of Trustees, including provisions on the convening of the meeting, the meeting conditions, who chaired the meeting content, meeting minutes, the manner of voting, decided the issue of the responsibility and powers of the Board of Trustees, the effect of the decision of the Board of Trustees;
c) rights, obligations of the management and accountability of each Member Board of Trustees, which stated the responsibility of signing the text of the Board of Trustees, the contract management unit operating the unit maintenance section of common ownership condominium; the operating responsibility, signed the text when absent as Chief or Deputy Administrator; responsible for managing the seal of the Board (if a seal);
d) the right to be provided with information and responsible for providing information between the members of the Board;
DD) the reception, respond to recommendations of the owner, the users, the handling of the case involving the dismissal of members, the Board and the compensation responsibility of breach;
e) mechanisms to report, through the decision of the Board of management expenses; who is responsible for records management, operational documents of the Board of Trustees;
g) other contents depending on the characteristics of each building, condominium clusters.
3. Regulation of financial incomes and expenses of the Board, the cluster condominium includes the following content: a) the regulation of the revenues due to the Management Board, the name of the account owner, the account management activity cost of maintenance of common ownership by the Management Board , the regulations on the deposit term of funding maintenance of the condominium property;
b) regulations on the level of remuneration of individual Board members and the cost of servicing for the activities of the Board;
c) assigned responsibility in funding, on behalf of the Board of Trustees to signed the spending of funds management activities, signed the text suggest withdraw funds owned part of maintenance of the condominium and signed the settlement papers expense with maintenance unit operating management units;
d) withdrawal process rules and records specific papers to withdrawal procedures in the management accounts are managed;
DD) charge notes management, bookkeeping, invoices and vouchers the financial incomes and expenses of the Board;
e) specify maximum cash management was to direct payment for maintenance units owned part of the condominium; the Regulation Board funding levels are used to maintain the irregular work that Conference not condominium or ask for opinions of the condominium owners to decide;
g) specified form processing violation when there is misuse spending behavior or misappropriation of funds by the Board of Trustees or managers have the violations recorded, billing clerk, evidence from the financial incomes and expenses;
h) regulations other related content.
Article 25. Voting through the decision of the Board of Trustees condominium 1. The decision of the Board of Trustees, condominium clusters be adopted by voting or vote according to the regulations of the Board, was established as the minutes, signed by the Secretary of the meeting, the members of the Board attended the meeting and have the seal of the Board (for the case of a seal). Case endorsed voting rate reached 50% of the Board members, the final result is determined by the voting of the Chief or Deputy Presiding Committee meeting (if absent Chief), except in the case prescribed in clause 2 and Clause 3 of this article.
2. for condominium owners are more then the following proposal just passed when 75% of the total minimum number of members of the Board of Trustees, the cluster condominium approval:

a) proposed changes to operational management unit;
b) decided to choose maintenance unit;
c) proposed the change price operation management services apartment;
d) proposals, requirements of the Board of Trustees for the investor in the management process, use the condominium;
DD) other cases due to condominium Conference decisions.
3. for the decision to spend the expense of maintenance of common property of the condominium owners are more then make voting as specified below: a) case management decision condo building maintenance section General ownership of apartment buildings must be 100% of the Board members agreed , unless the Member is absent for reasons of force majeure;
b) case management cluster condominium maintenance decision part owned collectively by all condominium clusters must be 100% Cluster Management Board members homes agree; If only part of the General property maintenance of one or more buildings in the cluster must be 100% Chief and member of the Board is representative of one or several buildings it agreed, unless the Member is absent for reasons of force majeure.
Article 26. Resignation and dismissed members of the Board of Trustees or Board of Trustees dismissed condominium 1. The dismissal of members of Administration Board of the condominium, condo clusters are made when one of the following cases: a) Board members leave or ask for dismissal;
b) Board members no longer is the owner of the apartment or other area in condominium (for the case of condominium have multiple owner);
c) Board members move;
d) Chief Administrator of apartment buildings separated clusters of condominiums in cases specified in point b of Paragraph 2 of article 21 of this regulation;
DD) members of the Board of the building added to the cluster of condominiums in the case prescribed in clause 3 of article 21 of this regulation.
2. The dismissed Management Board members, condominium, condo clusters are made when there are proposed by the Board or the proposal of the representative of apartment owners in the following cases: a) the Admin does not report the results of operations for the Conference in accordance with the condominium regulations;
b) the Board does not work after the election;
c) Board members violate the regulations or the bylaws, financial expenditure of the Board;
d) Board members not to participate in the activities of the Board in the 6th row or not competed in a minimum of 30% of the total number of meetings of the Board of Trustees in 1 year.
3. The re-elected members of the Board of Trustees apartment buildings are as follows: a) the case elected to replace the Board or elected to replace the Chief Deputy to the Board, the Conference House extraordinarily for decision in accordance with article 14 of this regulation; case dismissed or dismissed Deputy of the Board is representative of the investor, the investor's alternative representation that is not organizations Conference extraordinary condominiums;
b) where elected members of the Board are not subject to the provisions in point a of this Paragraph, the Board of Trustees proposed a replacement and send please comments of the representative of the owner of the apartment; If a minimum of 50% of flat owners representatives got delivered or have quantity less than according to the decision of the meeting House agreed it was proposed to be recognized as members of the Board of Trustees condominium; the case does not have enough people agree to this Conference to Point condominium of buildings to elect his replacement in accordance with article 14 of this regulation.
4. The elected members of the Board of Trustees condominium clusters are as follows: a) the case elected to replace the management cluster condominium or elected to replace the Chief Administrator to the cluster Conference House extraordinarily for decision in accordance with article 14 of this regulation;
b) where elected members of the Board of Trustees condominium clusters not subject to the provisions in point a of this Paragraph, the Board of Trustees proposed a replacement and send please comments of the representative of the owner of the apartment building with Board members need replacing; If a minimum of 50% of flat owners representative has received delivery of this building or have quantity less than according to the decision of the meeting House agreed it was proposed to be recognized as members of the Board of Trustees condominium clusters; the case does not have enough people agree to this Conference to Point condominium of buildings to elect his replacement in accordance with article 14 of this regulation.
Case dismissed or dismissed Deputy management cluster condominium is representative of the investor, the investor's alternative representation that is not organizations condominium clusters Conference.
Section 3 OPERATION CONDOMINIUM article 27. Units of condominium management 1. Operational management unit condominium is the organization or business function, under the provisions of paragraph 1 Article 28 of this regulation and must have a name in the list to be posted on the electronic portal of the Department of management and the real estate market and of the Ministry of construction. Operational management unit can be the owner or other unit prescribed by this regulation.
2. Investors can directly perform operational management entrusted to other units or functional capacity, as defined in paragraph 1 Article 28 of this regulation to manage operating the condominium when the organization is yet condominium first Conference. After the Conference is held first, the condominium's management contract management services to the investor if the investor has the function, capacity management in operating condominium and join operation or signed with the unit can function, capacity management operation was the owner trustee.
Case condo no elevator, the condominium Conference decided to rent the unit operation or operation; If the rental unit, the management must comply with rules on condominium management according to the provisions of this regulation.
3. the following cases when the management contract for condominium management services operate with operating management units specified in clause 2 of this Thing but it is not the correct implementation of the agreement and subject to termination of the contract was signed or the names of the electronic portal of the Department of management and the real estate market and of the Construction of the Administrators held Conference apartment irregularities as defined in article 14 of this regulation to consider, decide to replace other management units.
4. Each apartment buildings only 1 operation management unit. For cluster condominium then there may be a unit operation or each building has 7 separate management units according to the decision of the Conference the condominium clusters. The case of each building in the cluster has a separate management unit, the Board of Trustees condominium clusters consistent with operating management units to perform works management, technical system for condominium clusters.
5. operational management unit condominium can sign contracts with businesses that provide services to perform the operational management service condominium but must take responsibility for the content of the contract signed with the admin condominium.
Article 28. Conditions on the function, the capacity of the unit operation and management the announcement, publicizing a list of managerial operation of unit 1. Units of condominium management must have sufficient conditions on the function, capacity according to the following rules: a) was established, operating under the provisions of the law on business or cooperative Law and management functions operating the condominium or property management function;
b minimum) must have the room or the Professional Division, which includes techniques; protection, security; room service, 24 hour front desk and housekeeping, environment;
c) members of the Board of Directors and the officers working in the Professional Division, specified in point b of this Clause must have the respective qualifications with job placement and must have completed certification training and upgrading professional knowledge, professional condominium management according to the regulations of the Ministry of construction.
2. operational management unit condominium is eligible as defined in Paragraph 1 of this article must send 1 to the Ministry of construction (Permanent Bureau of management and the real estate market) to be considered, the notification of qualified management and publicizing on the electronic portal of the Department of management and the real estate market and the Ministry of construction. The records include: a) the copies are authenticated proof of the function defined in art. 1 of this article;
b) have decided to create the certificate or professional parts specified in point b of Paragraph 1 of this article and list of officers of the room, this Department;
c) certified copies of certificates of completed training, fostering professional knowledge, professional condominium management of the members of the Board of Directors, the Deputy head, the Deputy Head of the Department and the ca profession's technical unit.
3. Within the time limit of 20 working days from the date of receiving the application prescribed in paragraph 2 of this article, the House Administration and the real estate market is responsible for reviewing, testing; the case is eligible under the provisions of Paragraph 1 of this article, they must have written notice of eligibility be condominium management for unit sent records know, written notice be posted publicly on the electronic portal of the Department of management and the real estate market and of the Ministry of construction to make the base for the General Conference populate reference, decided to choose the unit operation. Only the management units operate on the electronic portal of the Department of management and the real estate market and The new building's eligible service contract management condo condominium with the Admin or the condominium management representative.

The case after the posted information on the electronic portal of the Department of management and the real estate market and of the building management unit which was dissolved, bankrupt, to terminate the operation of or in the course of the inspection, the inspection, the competent authorities detect this unit no longer eligible on functions operational management capability, condominium as defined in paragraph 1 of this article, the House Administration and the real estate market is responsible for checking or suggest building Facility where the unit operation management headquarters check, if not also qualified to perform the operation according to the rules then delete the name from the electronic portal of The House Administration and the real estate market and of the Ministry of construction.
4. for condominium owned by the State, the case under the provisions of the law on housing, the management of the operation as possible by qualified units of competency prescribed in clause 1 of this operation or by other organizations perform operational management according to the rules of management , use the State-owned housing.
Article 29. Service contract management condo 1. The condominium management must be done through service contract management condo management unit signed between the operation and the management condominium. Service contract signed by the parties to have the content specified in paragraph 2 of this Article and comply with the form prescribed in annex No. 2 attached to this regulation.
2. Contract Management service operate the condo includes the following content: a) the full name, address, the representative participated in the contract;
b) scale, an area of the parts inside and outside the condominium belonging to common property management section;
c) content and quality requirements, quantity, time, place, provide operational management services;
d) operational management Service Price charged in square metres (m2) units used; the method closes the charges;
DD) time limit for implementation of the service contract;
e) cases of termination of the contract;
g) rights and obligations of the parties; responsible for coordination of the parties; the handling of disputes about the content of the contract;
h) other agreements;
I) effect of the contract.
3. Acceptance trials, payment, settlement and liquidation of contract management services operate the condo made by agreement in the contract and under the rules of civil law.
Article 30. The service price management condo 1. Operational management service price condominium is determined according to the provisions of article 106 of the law on housing, are based on each apartment and on the basis of agreement with the operating management units. The case of condominium was handed entered but not yet held Conference apartment house was first operational management service price due to investor decisions and are clearly in the contract of sale, purchase apartment rental; After the Organization was the Conference House, the price of the service due to condominium Conference decided on a basis consistent with operating management units.
2. operational management Service Price condominium is defined by money and fellow Vietnam per square meter (m2) area use the apartment or other area section in the condominium (determined by area navigation).
3. for condominium mixed-use purpose then reviews operational management service applied for the Office area, service, commercial and private owned area used as a place for cars is determined according to the following rules: a) Reviews operational management service applied for the Office area commercial, service, because the parties to the agreement on the basis of the actual situation of the business operations, services, offices and condominium of each position;
b) Reviews operational management service applied for the private owned area used as a parking garage by the parties to the agreement and can be charged lower prices for operation management services applicable to the apartment in the same building. This regulation also applies for the private owned area used as a parking garage of the apartment only has the purpose to stay;
c) where the parties to the agreement are not services specified in point a, point b of this Clause shall determine according to the framing of the service due to the provincial people's Committee, where condominium that regulation.
4. operational management unit condominium specific identification and collecting of funds management apartment of the owner, the user on the basis of the price determined as specified in this article.
Article 31. The expense of condominium management 1. The expense of condominium management by the owners, who use the closed condominiums, monthly or recurring (including case got handed another area, apartments in condominiums that are not yet in use) to operating management units perform the work prescribed in clause 1 of article 10 of this regulation.
2. Cost of condominium management in operational management service price specified in article 30 of this Regulation (x) with the area (m2) using the apartment or other area not part flat in a condominium.
3. Using area apartment or other area not part flat in a condominium as the basis to calculate the cost of operation is defined as follows: a) case has been granted a certificate of right to use land, housing and property rights associated with the assets of land (hereinafter referred to as the certificate), then the area as the basis for the calculation of management expense operation is stated in the certificate;
b) cases not yet certified, the area as a base to calculate the cost of operating management is an area of use of own property owner (area navigation is determined as specified in paragraph 2 to article 101 of the Housing Law); This area is identified in the contract for the sale, purchase or apartment rental defined by reality.
4. With respect to the condominium, the State-owned currency funds management operations are performed according to the price stipulated in art. 5 Article 106 of the law on housing. Section 4 MAINTENANCE CONDOMINIUM Article 32. Condominium maintenance guidelines 1. Condominium owners are responsible for own upkeep and maintenance funding contribution part ownership of the condominium to maintain the quality of housing and ensure safety during use.
2. Maintaining own not affecting the ownership of the other owners and the system works, public-owned equipment, the general use of the condominium.
3. The maintenance of the property section condominium has the purpose to stay and condominium mixed-use purpose but does not separate division was part owner of apartment buildings and offices, services, trading is done according to plans maintained by the condominium through conferences and building maintenance process equipment maintenance procedures, was created under the provisions of this regulation.
4. The maintenance of common ownership condominium mixed-use purpose that separate division was part owner of apartment buildings and offices, services, trading is done according to the following rules: a) for the owner of the apartment and condominium part of the whole building, the owner made maintenance scheduled plans for the Conference were condominium through and maintenance have been established, except where there are sudden damage due to natural disaster, a fire caused;
b) for the possession of the Office, service trade, then this function zone owners perform maintenance under the maintenance buildings and process equipment maintenance system was established under the provisions.
5. The maintenance of common property of the condominium clusters by the owners, who use the condo cluster made.
6. the owner of the condominium board, only individual rental units are eligible, with corresponding capacity need maintenance work according to regulations to perform maintenance.
Article 33. Planned maintenance part ownership of the condominium 1. Planned maintenance part ownership of the condominium by condominium through the Convention to apply to the case specified in clause 3 and art. 4 32 of these rules.
2. The owner is responsible for the maintenance plan to report to the Conference through the first tenement house; as for meeting condominium the next then the admin responsible condo home in collaboration with the management or operation of the unit the unit has the capability of maintenance planning maintenance to condominium Conference report through.
3. Planned maintenance part ownership of the condominium that apply to the case specified in paragraph 3, point a paragraph 4 to article 32 of this regulation was established and through on the basis of the maintenance of the building's construction, the process of maintenance of equipment by the owner to provide and the current state of part ownership of the condominium.
4. maintenance plan contents part owned in common by condominium applies to the case prescribed in clause 3 and art. 4 32 of these rules include: a) The item will perform maintenance and scheduled for 3 to 5 years later; expected one-time items in the year (if available);
b) period and the progress made with regard to each of the categories require maintenance during the year;
c) expected to make each category of maintenance;
d) responsible for supporting, facilitated by the owners related to the area in need of maintenance; responsible for testing, monitoring and maintenance of the condominium board;
DD) other relevant matters.
Article 34. The categories of condominium used funding maintenance of common property for maintenance 1. Maintenance items and the public-owned area specified in point a and point b Paragraph 2 to article 100 of the law on housing. 2. Maintenance the equipment owned in common by condominium, including elevators, generators, water pumps, ventilation systems, lighting, power supply systems, electrical, electrical devices, plumbing systems, heating gas, fireplaces, broadcasting center , communications, fire, fire, lightning, and other shared equipment for the condominium.

3. maintenance of technical system outside connected with condominium; public works provisions in clause 2 of 100 Things d Housing Act. 4. Stasis, wastewater treatment-septic periodically; microbial water treatment system of condominium.
5. Other items of condominium owned jointly by condominium owners by agreement in the contract of sale, purchase apartment rental or under the provisions of the law on housing. Article 35. Contract maintenance and perform maintenance part ownership of the condominium 1. The Board of Trustees, owners of Office, commercial, service selection and contracting of maintenance according to the following rules: a) for the construction of the building, the unit rental directly manage maintenance operation (if the condominium has operated and managed the unit this unit has the capability of maintenance); the case of condominium are not required to have a management unit operate or have the unit but do not have the capacity to maintain the other unit has the power to hire maintenance perform maintenance;
b) with respect to the system of public-owned equipment can be hired or authorized for operational management unit unit offers rental equipment or other units have the capability of maintenance equipment which perform maintenance; the case is rather a new device, the device must supply unit warranty the product according to the time limit prescribed by the manufacturer; expiry of warranty shall perform maintenance or replacement in accordance with this Point.
2. The unit maintenance must perform maintenance under the maintenance procedure has been established under the regulations, to ensure the safety of owners and users in the maintenance process, to comply with the progress and agreements in the maintenance contract has been signed.
3. maintenance contract was formed and signed between the management condo owners or Office, service, trade with the unit perform maintenance as prescribed by law. The case of condominium management had not then represented owners of condominium management contracts with qualified maintenance unit.
4. When finished maintenance work, the right of organizing trials completed maintenance work; the stick, settlement maintenance expenditure is made under an agreement in contract and must have the full invoice vouchers in accordance with the law.
Article 36. Establishing, funding and management console maintenance section General ownership of condominium owners have more 1. The owner is responsible for establishing accounts in credit institutions that are active in Vietnam to temporarily manage the funds owned part of maintenance of the condominium owners are more under the provisions of Decree No. 99/2015/ND-CP DATED 20 October 2015 the Government detailing and guiding the implementation of some articles of the law on housing (hereinafter collectively is Decree No. 99/2015/ND-CP).
2. With respect to the condominium has the purpose to stay, condominium mixed-use purpose but does not separate division was part owner of apartment buildings and offices, service trade, then after the Conference, the first residential home account, funding and management console maintenance section General property are as follows : a) condominium board set up an account in a credit institution that are active in Vietnam to manage, using funds owned part of general maintenance all apartment buildings;
b) within 7 working days from the date of the Board of Trustees have written to suggest transferring the cost of maintenance, the owner is responsible for transferring the funds maintenance had currency of the buyer, hire purchase and maintenance expenditure which the owner must pay for the retained area does not sell No purchase or rental, not yet sold, not yet purchased rental as specified in point b of paragraph 1 to article 108 of the law on housing to the Admin account condominium established in accordance with point a of this Paragraph to the management, use as defined by law;
c) account owner deposits the funds for the maintenance of the condominium has the purpose to in may by a member or members of the Management Council name account holder; account owner deposits the funds for the maintenance of the condominium has a mixed use is the account owner, including 11 members of the Board is to represent the owner and apartment 7 Board members is to represent owners of offices, services, trade.
Term of deposit and the account owner name even deposit funding maintenance specified in this paragraph is prescribed in the regulation of financial incomes and expenses of Trustees condominium by condominium through the Conference.
3. for condominium mixed-use purpose that separate division was part owner of apartment buildings and offices, service trade, then after the Conference, the first residential home account, funding and management console maintenance section General property are as follows : a) condominium board set up an account in a credit institution that are active in Vietnam to manage the cost of maintenance of the common property and the cost of maintenance of the condominium apartment buildings;
b) term deposits and account holders deposits funds maintenance specified in point a of this paragraph are defined as for condominium has the purpose to stay specified in point c Paragraph 2 of this Article;
c) owners, Office area, commercial services are responsible for self managed funds are to leave under the provisions of point b of this clause 4 to maintain the common property of the section this function;
d) The delivered cost of maintenance of the condominium property specified in this paragraph are made in accordance with paragraph 4 of this Article.
4. The handing over, maintenance cost management for cases prescribed in paragraph 3 of this article shall be as follows: a) within a period of 7 working days from the date of receiving the written recommendation of the Board of Trustees, the owner is responsible for transferring the funds maintenance had currency of the buyer purchase, hire and maintenance expenditure which the owner must pay for the apartment area does not sell, rent or buy yet sold, not yet purchased rental as specified in point b paragraph 1 to article 108 of the law on housing to the Admin account established under the provisions of art. 3 this to management , used according to regulations;
b) for the cost of maintenance is that the owner must pay for the Office area, services, commercial investors move funds under the rate agreed with the buyer, hire purchase, lease purchase contract to buy the apartment specified in Clause 5 of the Housing Act 108 or Thing in the meeting house (if not agreed in the contract sale, purchase of apartments rental) to set up the administrator account specified in point a of Paragraph 3 of this article to the management, maintenance of common property of the whole building; for the remaining funds, the investor is self managed and used according to the provisions in point c of Paragraph 3 of this article.
5. in case of established condominium clusters shall be based on the purpose of use of individual buildings, condominium clusters the administrator must establish separate accounts to manage the expense of maintenance for each building as defined in clause 2, 3 and 4 of this Article.
6. Side deliveries and the party receiving maintenance funding transferred part ownership of the condominium regulations in this article are responsible for settlement procedures this funding data before proceeding with the transfer of funds. The document finalization of funding maintenance of common property include: a) report on the identification of the equipment owned by the condominium's common under the provisions of the Housing Act;
b) thereon determine the total cost of maintenance was under the provisions of the housing legislation, which clearly defines the amount of money collected by the buyer, hire purchase and the amount investors must pay a prescribed; name, account number, where open deposit accounts maintenance funds that investors are managed;
c) lists the maintenance section General property that the owner has made accompanied by bills, vouchers to prove the amount of maintenance paid for unit maintenance and maintenance expenditure data remaining after subtraction of expense that the owner has done the work of maintenance (if available).
For the maintenance work in the content is still in warranty and the warranty period of housing under the housing law, the owner not be deducted from the amount of maintenance is transferred to the Board of Trustees condominium.
7. in case the investor is not delivered or delivered incomplete, incorrect term funding maintenance of common property under the provisions of this Article, the Board of Trustees condominium proposed provincial people's Committee, where condominium coercive execution under the provisions of Decree No. 99/2015/ND-CP DATED 20 October 2015 detailed rules and competition guidelines a number of articles of the law on housing. 8. The owner is responsible for collecting expense maintenance General to hand over property management condo under the provisions of the law and this Statute; If the investor does not collect this to hand over funding for the Board of Trustees, the owner must submit this expense account.
Article 37. Use of funds owned part of maintenance of multi-apartment houses have many owners 1. The expense of maintaining the section property of the apartment building would only be used for the maintenance of common property of the building. Condominium board only used the funds owned part of maintenance of the condominium on maintaining the categories specified in article 34 of this regulation; the case of condominium dismantlement that maintenance funding not expended shall be used to support the resettlement or put into the maintenance fund owned part of new condominiums after being rebuilt.
2. The Board of Trustees condominium to public notice at the condominium information on deposit accounts maintenance funds established and do not change this account. The use of funds owned part of maintenance of multi-apartment houses are in accordance with the provisions of this regulation and to be the books, invoices, vouchers under the rules to follow, manage.

3. for the case to set up business management account maintenance fee as stipulated in art. 3 Article 36 of this regulation, the Board of Trustees condominium along with investor split national unified funds used to maintain General property section of both the building and the funding used for the maintenance of the common property.
When the need to maintain the common property of the section the Board shall only be used in the funding of the agreed funding split for maintenance; in the case of the use of this funding, the apartment owner is responsible for the same contributions. For the funding was divided to maintenance of public ownership, the building was used only for maintenance of common property of the whole part of the building; in the case of the use of this funding, the apartment owners and the owners of the functional areas, offices, commercial services have the same responsibility to contribute. The owner and the Board condominium can opposition 2 different accounts to manage 2 account funding provisions in this paragraph.
4. Credit institutions are managing the deposit accounts of funds owned part of maintenance of multi-apartment houses are responsible for transferring the money to the account of the party to perform maintenance within 3 working days from the date of receiving the records suggest the Board's condominium. Cash profile includes the following papers: a) text proposed by the Board of Trustees, which stated the reason for the proposal to transfer the money and transfer the amount required for the party to perform maintenance;
b) the minutes of the Board meeting for the content, maintenance funds withdrawal;
c) maintenance plan has been condominium through conferences, except where unscheduled maintenance;
d) maintenance contracts signed with individuals, the unit has the capability of maintenance in accordance with the law.
5. where do the maintenance contract value in the point that the Conference allow condominiums are the cash burn in the regulation of financial incomes and expenses of the Board, then after getting the records suggest that the provisions of paragraph 4 of this article, credit institutions performing cash procedures to the Board directly to the payment made maintenance.
6. in case of arising one-time tasks that are allowed by the regulations of the financial incomes and expenses, the Board has proposed text enclosed remittance Board meeting minutes for the content and maintenance contract has been signed to send credit institutions where the opening of deposit accounts maintenance funding; based on the recommended records, credit institutions have the responsibility to transfer the money to the party to perform maintenance within 3 working days; the transfer of money through your account or payment in cash is made according to the provisions of paragraph 4, paragraph 5 of this Article.
7. With regard to the maintenance of the property section of buildings in condominium clusters shall use the prescribed maintenance funding: a) cases arising maintenance part owned collectively by all condominium clusters then extract all from the expense of maintaining public ownership of each part of the building in the cluster for maintenance;
b) cases arising maintenance part ownership of a number of buildings in the cluster then extract all from the expense of maintenance of common property of the building are related to maintenance;
c) the withdrawal of funds for maintenance of common property specified in point a and point b of this Paragraph be made according to the provisions of paragraph 4, 5 and 6 of this Article.
Section 5 RIGHTS and RESPONSIBILITIES of ORGANIZATIONS and individuals in the management, USE the CONDOMINIUM Article 38. The rights and responsibilities of the owner 1. Responsible for managing the operation of condominium as defined in paragraph 2 of article 27 of this regulation. Proposed operational management unit condominium is eligible under the provisions of this regulation to the meeting house for the first review, the decision of selection in the case: a) the investor has no function, capacity management and do not entrust other unit functions capacity management in operating condominium;
b) investor can function, capacity management operation but does not participate in condominium management and also not entrust other unit functions, power management implementation in operating condominium.
2. Collect funds owned part of maintenance of multi-apartment houses according to the provisions of article 108, article 109 of the Housing Act, Decree No. 99/2015/ND-CP and handed back this funding for admin condominium as defined by the law and these rules.
3. Host a Conference first condominiums, the elections Board participants condominium and participated in the voting, voting at the meeting house under the provisions of this regulation.
4. Delivery of infrastructure systems outside the condominium for the specialized administration of the locality as prescribed by law; set, handing the profile condominium condominium Board under the provisions of this regulation.
5. Management and use of works for the common service of the owners, who use the homes by State Affairs or built to do business in accordance with the aim stated in the content of the project has been approved.
6. maintenance of his own; responsible for compensation if the maintenance or maintenance do not cause damage to other owners.
7. Requests the competent bodies to handle infringement of property owned by yourself or the acts impedes the legitimate business according to the content of the project. The competent authority has the responsibility to handle violations of the Organization, the individual in respect of the property or legitimate business activities of the investor.
8. In collaboration with the admin condominium to solve the difficulties and problems in the management and use of the condominium.
9. Buy fire insurance, compulsory under the provisions of the law of fire, fire and law on insurance business.
10. Compensation for the damaged party under the agreement or under the provisions of the law; Executive decision to solve, handle, penalizing the violation of the competent State bodies.
11. The other rights and responsibilities as prescribed by law.
Article 39. The rights and responsibilities of the owners of the apartment 1. For condominium owners are more then the owners have the following rights and responsibilities in the management and use of condominium: a) the ownership, use of private ownership; have the rights to use the joint property in accordance with the law and these rules. Responsible for maintenance of private property under the provisions of the law and this Statute; responsible for compensation if the maintenance or maintenance do not cause damage to other owners;
b) require the owner, condominium board or Committee Conference ward-level condominium in accordance with this regulation; attending the meeting and voted on the condominiums in the content of the meeting the meeting house in accordance with the Law and these bylaws;
c) require the owner, unit management, the management offers condominiums information, publicly the content related to the management and use of the condominium;
d) full observance of the decisions of the Conference, including the case of not attending the meeting house; Executive decision resolved, dealt with by the competent State agencies;
DD) contributions in full, on time management-operating expense, maintenance expense component of common property and the costs of other fees prescribed by law or by agreement with the service provider.
The case owner not close cost management under the regulation shall be processed under the agreement in the contract management service operate the condo condominium Board that signed with operating management units;
e) observance of rules and regulations on management, use of the condominium; detection and timely notification to the management unit or competent State agencies of violations in management, use the condominium;
g) facilitate and support the unit function maintenance section General prescribed property;
h) restoring the status quo and compensation if damage part area, shared or owned equipment portion of the area, the private-owned equipment of other owners; dealt with in accordance with the law and must compensate the damage when there are acts impedes business owner's legal office, services, trade;
I) Buy fire insurance required under the provisions of the law of fire, fire and law on insurance business;
k) implementation of the provisions of the relevant laws.
2. With respect to the condominium has an owner, the owner is entitled to use the condo, be made of the rights and duties stipulated in points b, c, d, e and k paragraph 1 of this Article.
Article 40. The rights and responsibilities of the user is not the owner of the apartment 1. Use of private property and the property of the condominium as defined by the law and these rules.
2. the implementation of rights and obligations under agreements with content owners in case the user is not the owner.
3. Attend the meeting house (for the case of condominium has an owner); on behalf of the owner of the condominium Conference and voted, vote if the owner does not attend (for the case of condominium have multiple owner); in the case of an apartment or other area of the condo and more people are using the same shall authorize a representative to attend and vote at the meeting house.
4. Perform the relevant rights and responsibilities prescribed in points b, c, d, e, f, g, h and k paragraph 1 to article 39 of this regulation.
Article 41. The rights and responsibilities of the Board of Trustees condominium 1. The Board has many condominium owners are done right, the liability prescribed in paragraph 1 to article 104 of the law and the right to housing, the following responsibilities: a) Get delivered, archives, records management condominium; provides a set of records got delivered from the owner for management units operate in the case of condominium management unit must be operated according to the provisions in paragraph 2 of article 5 of this regulation, except in the case of operational management unit is the owner;

b) prepared the contents and organization of the meeting of the Conference in accordance with the condominium regulations; public notice of the content management contract for operation and maintenance contracts were signed at the meeting house;
c) reported results of operations, financial incomes and expenses of the Board, the results of the work of maintenance and the currency, the cost of maintenance of common property condominium condominiums Conference to examine, monitor, through the provisions of this regulation;
d) on behalf of the owner to make the permissions for the owner of the apartment according to the provisions of this regulation and Housing Law; Don't be inciting others to disorderly, security at the condominium;
DD) responsible to the owner of the condominium on the assigned tasks; true executive regulations, regulation of financial incomes and expenses of the Board;
e) suggest that the competent authority organizes a Conference meeting, recognized the Board under the provisions of the condominium regulations; Conference organization condominium to replace decision management units operate in case the unit is managing operations are no longer eligible for condominium management according to the provisions of this regulation;
g) requires that the Agency have jurisdiction when the investor does not hand over records, do not hand over the funds owned part of maintenance of the condominium regulations;
h) handed back the records, books, papers are administered to new management after being recognized;
I) members of the Board if there are violations of this regulation and the provisions of the relevant law, the offense level depends on which dealt with according to the provisions of this Statute, sanctioning administrative violations or prejudice criminal liability; If the damage is compensated for the damaged party;
k) Executive decided to settle, the disposal of the competent State bodies and implementation of the rights, other responsibilities prescribed by law;
l) perform the other rights and responsibilities prescribed in the regulations, regulation of financial incomes and expenses of the Board of Trustees has been condominium through Conference and the provisions of this regulation.
2. The Board of Trustees had a condominium owner made the rights and responsibilities specified in paragraph 2 to article 104 of the law and the rights, responsibilities that relate to the provisions in points a, b, e, f, g, h, i, k and l, paragraph 1 of this Article.
Article 42. Rights and responsibilities of the unit condominium operation management 1. Implementation of condominium management according to the provisions of this regulation and the contract management services signed with the admin condo or condominium management representative (for the condominium is not established by the administrator); perform maintenance part ownership of condominium maintenance contract if maintenance capacity.
2. The contract with the provider of the service in the management of condominium operation (if available); monitor the supply of the service of these units.
3. The notice in writing on the currency, remit the funds concerned; Announcing the request, the content notes for users of the condominium in the event of unexpected situations such as natural disasters, epidemics, fire; Guide to the installation of the devices in the private property of the owner.
4. recording the expense management service operate the condo under the agreement with the owners, who use the condominium; currency, payment of remuneration for the members of the Board of Trustees condominium by decision of the meeting house.
5. Periodically 6 months or at the request of the competent authorities to report publicly about the management operation of the condominium with the admin condominium; situation report management Conference in condominium; get the opinions of users about the management service providers operate the condo.
6. In collaboration with the Board to resolve condominium other issues relevant in the process of condominium management.
7. Accept the decision addressed, dealt with by the competent State bodies.
8. Implementation of the other rights and responsibilities under the agreement in the contract management service operate the condo or under the provisions of the relevant laws.
Chapter IV DISPUTES and HANDLE INFRINGEMENT in management, USE the CONDOMINIUM Article 43. Dispute resolution 1. The dispute over ownership of the condominium to be resolved on the basis of negotiation, mediation in accordance with the law on housing, this regulation and the relevant legislation; the absence of negotiation, mediation, request the people's Court to resolve under the provisions of the law.
2. The dispute about funding management, about the delivery, management, using funds owned part of maintenance of the condominium by the provincial people's Committee, where it tackled condominiums; the case does not agree with the decision of the provincial people's Committee has the right to request the people's Court to resolve under the provisions of the law.
3. The dispute between the members of the Board of Trustees condominium are resolved according to the regulations of the Board of Trustees was the meeting house through.
4. The dispute between the condominium board to the owners, who use the condo about the vote, dismissed, dismissed, Board members replace condominium are resolved on the basis of negotiation; non-negotiable cases are then proposed organizing a Conference meeting to resolve condominium.
5. The dispute over service contract management, contract maintenance, service contract management condominium between the provider of the service and operating management units was resolved by agreement between the parties; case of non agreement was then asked to solve people's Court under the provisions of the law.
Article 44. Handle violation 1. The Management Board members, condominium if in violation of regulations on the management, use and regulation of residential homes, depending on the level of offense that was dismissed, replaced by the provisions of this regulation and dealt with administrative violations or arrested save for criminal liability in accordance with the law.
2. where the Conference was held meeting of the condominium is not properly regulated by this regulation, the decision, the result of the meeting the meeting house which are not recognized and are held Conference apartment to decide again.
3. in case the Board condo incorrect decision with active regulation, regulation of financial incomes and expenses, then the decision is not recognized.
4. The advantage of a position of authority, the owners, who use the condo rules on management, use the condo, then depending on the level of violation which dealt with administratively or be blind for criminal liability.
5. Who have violations that cause damage are compensated according to the provisions of the law.
Chapter V TRANSITIONAL PROVISIONS Article 45. Handle forward for modelling activities of the Board and the management of condominium maintenance funding part ownership of the condominium 1. The condominium has established the management before the date this regulation has the effect that the management needs reorganize the model works, change the quantities, composition Board under the provisions of the Act and this regulation or houses split, enter the administrator must then held Conference apartment to elected to the Board in accordance with the Rules This mechanism.
2. The condominium Board had formed before the date this regulation has the effect that the Board has had active regulation, regulation of financial incomes and expenses but does not meet the provisions of this regulation or regulations yet, yet have financial incomes and expenses regulations under the provisions of this regulation, the Management Board must build or modify supplement the regulation to condominium Conference report passed under the provisions of this regulation.
3. The condominium Board had formed before the date this regulation has the effect that falling objects are not required to have the Board under the provisions of the law and these bylaws, the Board of Trustees held Conference apartment to determine the operation of the Board.
4. in case of transfer of funds owned part of maintenance of multi-apartment houses before the date this regulation in effect enforces the implementation of management, used in accordance with the law and these rules. Condominium management board and the investor can bring unity to make account management of deposit accounts maintenance funding part ownership of the condominium under the provisions of this regulation but must report the meeting house.
Article 46. Handle forward for active management of condominium operation 1. The condominium units are operational management but not required to have a management unit operated under the provisions of the law on housing condominium Conference meeting then decided to terminate the agreement signed service contracts with the management unit operate or continue to perform this contract.
2. The unit is performing operational management condo but not enough conditions on the function, capacity according to the provisions of this regulation, the additional conditions must be managed and send up the Ministry of construction as defined in article 28 of this regulation within a period of 1 year from the date of this regulation be enforceable; the case of this period too that operating management units not eligible and additional records under the provisions of this Regulation shall not be contracted service management operation, except in the case of condominium owned by the water are being managed operated under the provisions of the law on the management of , use the State-owned housing.

3. The unit is performing operational management of condominium that had enough conditions on the function, capacity according to the provisions of this regulation must then send the records prescribed in clause 2 Article 28 of this regulation to the Ministry of construction in order to be considered eligible, notification management , posted publicly on the electronic portal of the Department of management and the real estate market and of the Ministry of construction within 6 months from the date this regulation in effect executed. The case too the time limit stipulated in this clause that operating management units do not send resumes to be notified under the provisions of this Regulation shall not be contracted service management operation, except in the case of condominium owned by the water are being managed operated under the provisions of the law on the management of , use the State-owned housing.
Chapter VI IMPLEMENTATION Article 47. The responsibility of the provincial people's Committee and the Department of building 1. The provincial people's Committee has the responsibility: a) steering the implementation of the provisions of this regulation; based on the actual situation of this regulation and local regulations on the management of specific instructions, use the condominium to apply;
b) popular organizations, disseminating the rules of management, use of condominium;
c) issued the frames operations management service price condominium as defined in clause 5 Article 106 of the law of the House;
d) coercive organizations withdraw funds owned part of maintenance of the condominium as defined by the law and these bylaws;
DD) directed the local authorities to receive works, the system of infrastructure investment projects in house construction as content of the project was approved and the text approved investment policy of the competent authority;
e) consider, decide the management of residential buildings, condominium clusters according to the rule of law;
g) inspect, inspect and handle breach under the authority or the competent agency proposal to handle violations of the regulations on the management of condominium, used in accordance with the law;
h) performs other duties prescribed by law.
2. Department of construction are responsible for provincial people's Committee to help implement state management functions on the management, use of the condominium; the construction Ministry report on the State of management, use of local condo home periodically, 6th annual, or one-time request.
Article 48. The responsibility of the county-level people's committees 1. The people's Committee report granting the province decided to segment administrative management responsibility areas of condominium and handle the problems according to the authority.
2. The decision to recognize the Board as prescribed by the condominium Statute.
3. Check the Task Manager, use the condominium; processed under the authority or the competent agency proposal to handle violations of the regulation on management, use of local apartment buildings.
4. Perform other duties by the provincial people's Committee and in accordance with the law.
Article 49. The responsibility of the Committee to grant Ward 1. Advocacy, lobbying organizations, personal observance to the provisions of this regulation and the law on management, use of the condominium.
2. Tracking, testing, solving the problems arising in the management, use the condominium under the authority or Committee report granting the County review, resolve.
3. coordinating, facilitating the operation of the management unit condominium offers implementation services of condominium.
4. home-Convention and Conference meeting condominium under the provisions of this regulation.
5. Perform other duties specified by law.
Article 50. The responsibility of the Department of management and the real estate market 1. Instructions, urging the implementation of this regulation.
2. check the management and use of land within the country and propose competent bodies to handle violations of the law on management, use of the condominium.
3. Coordinate with related agencies to organize training, advocacy, dissemination of the provisions of the law on management, use the condominium on nationwide.
4. General comments reflects of organizations and individuals concerned about the issues and problems arise and suggest additional amendments to this Regulation accordingly.
5. Perform other duties related to the management and use of condominium under the provisions of this regulation or according to the direction of the Minister of construction.
In the process, if having difficulties and obstacles, the proposal reflects the timeliness of the Ministry of construction to guide or modified, supplemented as appropriate./.