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 compared to Circular No. 28/2016 / TT-BXD dated December 15, 2016. As follows:
1. Firstly, more explicit provisions on the definition of Apartment Building:
Circular No. 06/2019 / TT-BXD has more specific explanations than Circular No. 28/2016 / TT-BXD on the definition of apartment buildings, namely: Apartment building is a block of blocks (block). ) independently or in multiple blocks “sharing the same construction structure or engineering construction system” built according to the planning and project dossiers approved by competent agencies.
2. Second, regulations related to extraordinary apartment building meetings:
According to Circular No. 28/2016 / TT-BXD, the ward People’s Committee is responsible for organizing an apartment building meeting, irregular apartment complex when the investor has terminated its operation due to being “dissolved, merged or bankrupt”. However, the Circular No. 06/2019 / TT-BXD has eliminated the case where the Employer terminates its operation due to the merger, accordingly, the Ward People’s Committee will not have to organize condominium meetings, apartment complexes. Abnormal in this case.
3. Thirdly, Disclosure of information about apartment building management units:
Previously, Circular No. 28/2016 / TT-BXD did not specify the activities of disclosing information about condominium operation management units that meet the conditions on functions and capacity to perform operation management. Condominium is a mandatory or optional activity, generally recognized as the condominium operation management unit that satisfies the function and capacity to perform condominium operation. submit the dossier to the Department of Construction where the operation management unit is headquartered or the Housing and Real Estate Market Management Department for consideration and posting information on the web portal of the Department of Construction or the Department of Management home and real estate market. Based on the information posted, the Apartment Building Conference will select the condominium operation management unit to suit the specific conditions of each apartment building or apartment complex.
Circular No. 06/2019 / TT-BXD clearly indicates the disclosure of information about eligible condominium operation units only set out when that unit needs to publish its information on the Portal. Electronic Department of Construction or Department of Housing and Real Estate Market Administration.
As such, Circular 06/2019 / TT-BXD of the Ministry of Construction has issued more specific and detailed regulations than the previous provisions of Circular No. 28/2016 / TT-BXD, this will contribute to supporting the management and use of condominiums become more practical, more effective, and at the same time enhance the autonomy and democracy of the condominium than previous regulations.