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Decision 10/2003/qđ-Bxd Dated: Issued Regulations Use Condominium

Original Language Title: Quyết định 10/2003/QĐ-BXD: Ban hành Quy chế quản lý sử dụng nhà chung cư

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The DECISION to enact regulations use the condominium _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CONSTRUCTION MINISTER pursuant to Decree No. 15/CP on 04/3/1994 of government functions, tasks, powers and organizational structure of the Ministry of construction;

Pursuant to Decree No. 71/2001/NĐCP on 05/10/2001 of the Government on investment incentives to build houses for sale and rent;

At the suggestion of Director of Department of management.

Article 1 DECISION. Attached to this decision a regulations use the condominium.

Article 2. This decision takes effect 15 days from the date The report.

Article 3. Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central and individual organizations concerned is responsible for the implementation of this decision.

  REGULATIONS USE CONDOMINIUM (attached to decision No. 10/2003/QĐ-BXD dated 3 April 2003 the Minister of construction) Chapter 1: GENERAL PROVISIONS article 1. The purpose of enacting regulations to use: 1. In order to maintain the quality, architecture, landscaping, environmental sanitation, social-order and the safety of the condominium, contribute to improving living conditions in the apartment;

2. Regulation of the rights and responsibilities of organizations and individuals in the management of the use of the condominium;

3. Establish a condominium management according to the principles of socializing associated with management role of the State authorities.

Article 2. These rules are applicable to the type of condominium have multiple owners, including condominium new construction or reconstruction projects and condominium was built before.

Article 3. Explanation of terms: in this regulation, the terms below are interpreted as follows: 1. the "condominium" is a buiding, many households in; There are self-contained apartment style structure; There are walkways, stairs and common infrastructure system used;

2. "condominium Clusters" are dwellings of two or more condominium in the same location of the same owner or an apartment built before;

3. "owner" means the owner or assigned use of capital management, mobilization of capital to make investments to build condominiums in accordance with the law;

4. "own" in condominium consists of the area inside the apartment (including an area of balcony, household plots attached to that apartment); part of the area such as: shops, kiosks, supermarkets, offices and the other part was recognized as private property in accordance with the law;

5. "public property" in condominium consists of the remaining area (excluding the private-owned area referred to in clause 4 of this); the space and structural systems, technical equipment in shared apartment (frame columns, walls, floors, roofs, terraces, corridors, stairs, Elevator, escape, cages, litter boxes, where the technique to the vehicle power supply systems;, water, gas, telecommunication, radio, television , sewer, septic, lightning, fire, etc.); the system technical infrastructure outside the House attached to the condominium;

6. "routine maintenance" condominium is the periodic maintenance to ensure regulations for structural parts, technical equipment, complete section not be damaged ahead of time;

7. "unscheduled repair" condominium is the repair did not follow the prescribed period to rectify the damage arises;

8. "the owner owned private parts" in condominium is the Organization, individuals have legal ownership ownership section referred to in paragraph 4 of this Article in accordance with the law (hereinafter referred to as the owner);

9. "Home use condominium" is the owner or the Organization, individuals are using legally own in condominium;

10. "the meeting house" is the Convention to use the condominium;

11. "the Board condo" is setting to on behalf of the owner to use the condo made monitoring of activities related to land use management (hereinafter referred to as the Board);

12. "Enterprise condominium management" is to be established and operated in accordance with the law to implement the management of and provide services to the condominium.

Article 4. Content management uses, including: 1. Manage the use of public property;

2. Manage the use of private property;

3. Organize implementation of condominium management;

4. Cost of service of condominium management;

5. Disputes and handle infringement;

6. The responsibility of the people's Committee in the management of the use of the condominium.

Chapter 2: managing USE CONDOMINIUM section I: management of the CONDOMINIUM article 5. People who use legal condominiums have equal rights in the use of public property and are obliged to obey strictly the regulations on use management condo, full contribution cost to serve and provide management services to condominium under the provisions of this regulation.

Article 6. The use of the condominium is obliged to: 1. Approve the rules of use, the rules about keeping, preservation of property in common ownership section; done properly the provisions on fire, fire, public hygiene, order-treatment; detect and prevent in time the violation of part ownership in condominium;

2. The damaging of property in common ownership section to restore the status quo or compensation;

3. Create conditions favorable to the person in charge to perform maintenance, fix for the common ownership. Who acts impedes causing damage to the common interests they must compensate and dealt with in accordance with the law;

4. Contributions fully and on time the account must file the prescribed funding to carry out the management, operation, maintenance and repair of equipment and systems in properties in the General property section.

Article 7. The condominium maintenance be performed as specified in circular No. 04/2001/TT-BXD dated 30 August 2001 of the Ministry of construction and the other legal texts concerned.

Article 8. The use, exploitation, maintenance and repair of the system for technical infrastructure and equipment in general use must comply with the directions of the design, manufacture and process, delegated by the competent State bodies.

Article 9. The management of use and exploitation for the business section, service in the condo must adhere to the provisions of this regulation and other regulations of the competent State bodies.

Section 2: management USE OWN article 10. The owner is the State of protection of its own in the apartment under the provisions of the law and the provisions of this regulation.

Article 11. Home use condominium is responsible for keeping, preservation and use of private property in accordance with the purpose, function and design, the provisions of this regulation.

Article 12. Maintenance and repair of private property section: 1. The owner is responsible for maintenance and repair of its own. The owner can make or hire someone else to make, but do not affect the safety, landscape, architecture of the condominium. In case the user is not the owner want to make own repairs, the owner must be agreed in writing.

2. The maintenance, repair must comply with the following rules:


2.1. To advise the Board on 5th to know ahead of the content and progress of the work. If the repair, maintenance can affect neighboring apartments, they must arrange appropriate time and informs the neighboring households know about the schedules, duration of work. In case other people hire done, they must inform the management of the specific list of individuals who are hired to perform maintenance, repair;

2.2. Server use condominium and who are hired to perform maintenance, repairs to maintain general hygiene; If the damaging part of common property or part ownership of other people then must restore the status quo or compensation;

2.3. The maintenance and repair of private property section shall ensure the unity, the synchronization of the entire condominium.

ITEM 3: the PROHIBITED ACTS article 13. Prohibit use of condominium owners perform the following acts: 1. Built-in, constitute an area of space, part of the common property of any kind; demolition, reclamation, scrap or alter the structural part, the technical infrastructure, the equipment used, the external architecture of the condominium; damaging property in common ownership section;

2. Causing excessive noise regulations; the order, affecting condominium security treated;

3. the discharge of garbage, waste water, waste gas, toxic substance disposal; cause of seepage, pollution, dilapidated condemned; livestock, poultry in the common property;

4. Advertising, write, draw the rules or other behavior that law does not allow. Structural changes, the design of your own (built the wall prevents the floor, moving the equipment and technical system attached to the General property, part demolition apartment, built-in area of any form);

5. Use or for others to use the private property contrary to the purpose of the regulations;

6. Livestock and poultry in the area in private ownership affect order, landscape and Habitat of other households and public areas (if pets and animals to ensure compliance with provisions of the law).

7. business trades and goods easily cause fire, explosion (welding business, gas, explosives, and other dangerous professions);

8. Business Service causing noise, environmental pollution (karaôkê restaurant, nightclub, motorcycle, cars; and the cattle slaughterhouse service activities in other pollution-causing).

Chapter 3: ORGANIZING CONDOMINIUM MANAGEMENT article 14. The responsibility of the client: 1. reporting, guidance for people wishing to buy or rent a condo master the rules of use management condo rules in this regulation before making the sale or rental of condominiums.

2. after sale and rent are on 80% of the total number of apartments in the apartment, the owner is responsible, in coordination with government agencies, police, communes in the home and use the condominium Conference to elect the Board. The owner is responsible for preparing the content related to the Review Conference, through decision (draft rules use condominium; expected HR management, the budget must contribute);

3. When not yet established are executives, the owner has the responsibility to assume the functions of the Committee provided for in article 16 of this regulation;

4. Planning and Organization (or rental unit has legal personality) to make maintenance of common property in apartment (except for the maintenance, the maintenance of the provisions in points 1.1 and 1.2, paragraph 1, article 19 of this regulation by a management enterprise condominium done).

Content maintenance work and service capital maintenance of common property in apartment buildings done in accordance with circular No. 04/2001/TT-BXD dated 30 August 2001 of the Ministry of construction work instructions maintenance of construction works;

5. Guide the use of the equipment in the apartment and the Organization of training, professional training, career management service using condominium for the Board members and the organizations and individuals involved.

Article 15. Condominium management organization: 1. Enterprise condominium management undertakes the management and supply of the condominium services through contracts with the Board;

2. In the case of not having the condominium management business, the owner has the responsibility to take on the management of and provide services to the condominium.

Article 16. The Board: 1. The Board of Trustees who represent the home using condominium in order to protect the legal rights of the server used in the condominium;

2. Each residential area, self contained, has distinct boundaries; each condo or an apartment independently established a Board of Trustees;

3. Members of the Board include representatives of home use, investor, business management and police communes. Each Board must have at least 3 (three) members representing the home used to be elected according to the majority principle. Each condominium in apartment built before or during the condominium clusters must have at least 1 (one) representative democracy used to join the Board. The police wards, communes; owner and business manager of election 01 (a) represented the Board. The members of the Board of Trustees elected Chief to run the activities during his term. The term of the Board for a maximum of 3 years (36 months).

4. The Board has the task of: 4.1. Tracking, monitoring the implementation of warranty, condominium maintenance as prescribed;

4.2. construction rules use condominium fits the situation, the specific conditions of the condominium and the provisions of this regulation to the condominium Review Conference, through. In collaboration with the enterprise condominium management held a meeting on the regular and irregular condominium Conference;

4.3. Collect, General comments, recommendations of the use related to the management of the use and supply of services in collaboration with the condominium for the individual organization concerned to consider, resolve;

4.4. Signed a contract with Enterprise condominium management to make the management and provision of services; active monitoring of enterprise condominium management according to the content of the signed contract;

4.5. In cooperation with local government bodies, the locality to make good the building of civilized lifestyle, preserve social safety order in condominium management assigned;

4.6. Perform other work by the condominium Affairs Conference.

5. The Board has the right to: 5.1 selection manages enterprise condominium; signed to condominium management business; cancel the contract in case the business is not performed properly committed;

5.2 Board members are entitled to allowances of responsibility according to the provisions of the condominium.

Article 17. The Conference: 1. Conference the condo must have at least 70% of the representation used in the condominium that attend; at the same time have the participation of the representative of the owner (or Enterprise condominium management) and Government representatives, police, communes. The Conference is held each condominiums a year. In case of need, the Board may convene the Conference House extraordinarily;

2. The Conference was held to condominiums: 2.1 new supplements, Elected to change the Board members;

2.2 through the use of rules and regulations related to content management tasks using the condominium;

2.3 review, reviews the results of regulations using condominium;

2.4 the decision the other necessary matters related.

Article 18. Enterprise condominium management:


1. Enterprise condominium management are established and operate in accordance with the law;

2. The owner is allowed to establish Enterprise condominium management to assume the management and provide the services stipulated in the condominiums of this regulation;

3. Enterprise condominium management received the contract to manage the use and provides activity services for many of the condominiums on one or more different localities; in collaboration with the Board in the review, the decision to discontinue the operation of the service for the households do not contribute the proceeds according to the rules or intentionally violating management regulations use the condominium; combined with the management to resolve the problems arising in the management of use and offer the services of condominium (if available);

4. Enterprise condominium management implemented the content management tasks using condo regulation in article 19 of this regulation according to the contract signed with the Board.

Article 19. Content management uses, including: 1. Management uses: 1.1. Managing the use, maintenance, maintenance, equipment pages used in the condominium (Elevator, pump stations, generators, heating, drainage and other equipment);

1.2. use of the management, maintenance, maintenance parts area and shared space in apartment houses (hallways, stairs, walls, ceilings, roofs and other parts);

1.3. Management, preservation of documents, record home;

1.4. test, urge the relevant object in the implementation rules and regulations;

1.5. The content management related.

2. The work services: 2.1. The security guard, order; look bicycles, motorcycles, automobiles; sweeping public hygiene, waste collection;

2.2. the operation of the system of the equipment used (water pump, operate the elevator, generators and other equipment);

2.3. The care of lawns, flower garden around the House (if any);

2.4. other related services (if any).

Chapter 4: the EXPENSE MANAGEMENT SERVICE USING CONDOMINIUM article 20. Expense management service using condominium is the expenses needed to implement the management and operation of the mining equipment system in order to ensure conditions of security, order, hygiene and effective use of the common property section in the condominium.

Article 21. Subject to the funding contributions: people are directly using the apartment (or own) in the condominium has a responsibility to contribute funds management service using condominium.

Article 22. The budget must contribute: 1. Funding to perform management tasks using the condo mentioned in clause 1, article 19 and the work of services referred to in points 2.2, 2.3 and 2.4 paragraph 2 article 19 of this regulation by the Board in collaboration with the enterprise condominium management system for determining the condominium Review Conference , approved;

2. The kind of security, order; the charge looks to keep the bike, motorcycles, cars; sanitary fee referred to in point 2.1 item 2 article 19 of this regulation made under the provisions of the Decree of the Government No. 57/2002/ND-CP dated 3 June 2002 detailing the implementation of Ordinance on fees and charges (income level of this type by the provincial people's Council Regulation);

3. The occasional services charges, such as the cost of using a public phone, hire looks to keep property and other costs (if any) by the service provider and the service agreement;

4. Allowance for Board members (excluding members due to investors and businesses manage the election involved) done pursuant to the condominium Conference.

Article 23. Management, use the account funding contributions: 1. People are using condominium is responsible for submitting the monthly recurring cost specified in paragraph 1 and 2, article 22 of this regulation for the enterprise condominium management; submit the budget specified in paragraph 4, article 22 of this regulation for the Board;

2. Enterprise condominium management used the funds due to the user condominium contribute according to the provisions of the law on finance;

3. The Board has the responsibility to monitor, supervise the currency, financial management service using condominium.

Chapter 5: RESOLVING DISPUTES and HANDLE INFRINGEMENT of article 24. Dispute resolution: 1. Disputes concerning the ownership of condominium by the courts resolve;

2. use right disputes in condominium are resolved on the basis of reconciliation (the apartments reconciliation or the Board, Ward, town, commune in the Organization of conciliation). If no reconciliation was then moved the Court to resolve;

3. The dispute related to the use of the management, operation, exploitation, restoration, repair of condominium to be resolved on the basis of reconciliation. If not fake Republic was then the Board has the responsibility to consider and solve the jurisdiction provided for in this regulation or Government agency reports in review, resolve;

4. The economic contract disputes in the process of implementing the management of use and provide services in accordance with the condominium, this regulation will process in accordance with the law of economic contracts.

Article 25. Handle violation: 1. The violation of the regulations on the management of condominium use under the provisions of this Regulation shall subject the level will be handled administratively or prejudice criminal liability in accordance with the law;

2. The Act of covering or facilitate others in violation of regulations on the management of condominium use contrary to the provisions of this Regulation shall subject the level will be disciplined or prejudice criminal liability under the law. In the case of damage to material compensation.

Chapter 6: RESPONSIBILITIES of the COMMISSION for the MANAGEMENT of the USE of the CONDOMINIUM Article 26. The responsibility of the provincial people's Committee, the central cities: 1. Facilitate financing condominium maintenance in order to maintain the quality, architecture, landscapes of the condominium in accordance with the actual situation of each locality;

2. Directed the relevant authorities to deploy and manage, exploit, operation of the system of infrastructures (outside the House) out of the housing project and the new city in the correct content has been approved by the authority;

3. Consider the allocation decisions, responsible for the administration of condominium on each;

4. Enact mechanisms to encourage the development of condo management businesses to meet the demand and use management provides services to the condominium; to sum up, reviews the implementation of management used on residential homes to identify effective management model and have the form of demonstrations, promptly rewarded by the authority;

5. Handle the violation according to the authority.

Article 27. The responsibility of the city people's Committee, a town in the province and the districts: 1. Monitor, check and discovered the issues and problems arising in the management of the use of the condo to handle under the authority or provincial people's Committee report, central cities review , solve;

2. the people's Committee recommendations, the city approved centrally allocated the assignment of administrative management responsibility condominium and perform the management, exploitation and operation of the system infrastructure or housing projects in urban areas according to the Affairs of the provincial people's Committee;

3. Rewards and treats the violation according to the authority.

Article 28. The responsibility of the people's Committee of the wards, communes:


1. Monitor, check and resolve the issues and problems arising in the management of the condominium used as the authority or the competent authority report on the level of review, resolve;

2. Cooperate with the management on apartment houses to resolve these issues and problems, which arise in the process of implementing the management use the condominium;

3. Create favorable conditions supporting the condominium management business performed well in managing and providing service activities condo;

4. Rewards and treats the violation according to the authority.

Chapter 7: terms of the IMPLEMENTATION of Article 29. This regulation takes effect after fifteen days from the date The report.

The regulations on the management and use of previous housing apply to condominium left with the content specified by this regulation are repealed.

For projects with many different housing types, infrastructure systems and protective fences delineate the boundaries that separate the owner can according to the content of this regulation to particular provisions on the management of used housing and infrastructure projects in line with the actual situation.

In the process of implementation of this regulation, if difficult obstacles suggest that timely reflection of the Ministry of construction to review, amend, Supplement.

Article 30. Home Administration Affairs, in coordination with the relevant authorities, guide the implementation of this regulation; synthesis of the opinions reflected by the relevant authorities on these issues and problems arise and the study proposed the amendments, supplements the Regulation accordingly; in collaboration with the local authorities and the owner held the training for the management and the units and individuals concerned about the management of the use of the condominium on a national scope.