Circular No. 06/2019 / TT-BXD (“Circular”) issued by the Minister of Construction will take effect from January 1, 2020. The content of the Circular aims to amend and supplement a number of articles of “Circulars related to apartment building management and use promulgated by the Minister of Construction”. Accordingly, a lot of new content is amended and supplemented. However, this article only focuses on some highlights which are amended and supplemented against the Regulation on management and use of apartment buildings issued together with Circular No. 02/2016 / TT-BXD dated February 15, 2016. . As follows:
1. Scope of regulation of Condominium Management and Use:
Expanding the scope of adjustment: adding 1 type of “Condominium to be used as official residences”.
2. Condominium management and use principles: 02 new points
Firstly, the regulations are more open and more democratic. Previously, the provisions on management and use of apartment buildings must comply with the rules on management and use of each apartment building, regulations of law on housing, this Regulation and relevant laws. Now, the management and use of condominiums are made on the basis of voluntary commitments and agreements between the parties provided that they are not contrary to the law on housing, relevant laws and social ethics. support and acknowledge.
Second, adding a principle that shows progress in thinking of state administrative agencies in management activities. Specifically: Supplementing the principles to encourage investors, management boards, operation management units, owners and occupants to apply science and technology and information technology in the management process. , use and operate apartment buildings.
3. Making, handing over and archiving documents of apartment buildings
Previously, only the responsibility of the apartment building management board had to provide a dossier that was handed over by the investor to the operation management unit without stipulating the responsibility of handing over. Now the new Circular has added the responsibility of the operational management unit that when the condominium operation management is no longer “must” be handed over to the Management Board, avoiding the situation of improper cooperating and not handing over apartment building documents.
4. Conditions for organizing the first apartment building meeting: Change 02 main contents:
First: The conference of the apartment building must be held within 12 months from the date the apartment building is handed over and put into use and at least 50% of the apartments have been handed over to the buyer. , hire purchase. However, the new rule has “excluded” the apartments that investors retain, not sold or not yet sold or leased. Previously, these apartments were still calculated to determine the rate for considering the first apartment building meeting.
Second: The apartment complex’s conference is held when at least 50% of the apartments of each building in the cluster have been handed over to the buyer, lessee and there are at least 50% of the owner representatives. households of each building which have been handed over and put into use, agree to enter the building into the apartment complex. Previously, the required rate of representatives of apartment owners of each building that was handed over and put into use and agreed to import the building into apartment complexes was 75% higher.
5. Conditions on the number of people attending the first apartment building meeting
Previously, the regulations on convening the first meeting which did not reach the required attendance rate will organize the second meeting with a lower rate. According to the new regulation, the second convening has been abolished, instead, if the convening is not enough, then within 07 working days, from the date of holding the meeting as stated in the notice inviting the meeting, the owner The investor or the owner of the apartment building has the right to request the commune-level People’s Committee to organize the apartment building meeting.
Thus, with the new contents in Circular 06/2019 / TT-BXD will contribute to supporting the management and use of apartment buildings become more practical, more effective, and at the same time improve the autonomy, democracy of the condominium than previous regulations. In addition, these regulations also show the progress in thinking of state administrative agencies in encouraging and promoting the application of science, technology and information technology in the process of management and use. , condominium operation as a fundamental principle.