Circular No. 05/2014/TT-BXD stipulates the responsibility to contribute management and operation costs for apartment buildings, applicable to owners and users of apartment buildings. This Circular takes effect from June 25, 2014.
适用范围
Owners and users of apartment buildings
要点
- Owners of apartment buildings have the responsibility to pay management and operation costs, except in cases of other agreements. The contribution level is calculated based on the net floor area of the apartment or other parts of the building.
- In cases where there are multiple owners, the contribution level is allocated based on the net floor area of each individual apartment or separate part of the building.
- Provincial People's Committees and municipal people's committees under the central government shall establish a general framework of prices for managing and operating apartment buildings as a basis for calculating costs.
- This Circular takes effect from June 25, 2014, and applies to cases of purchase and sale contracts signed before April 8, 2014.
- During implementation, any difficulties should be reported to the Ministry of Construction.
🌐 本文件的社会影响
- Positive impact: Ensuring that management and operation costs for apartment buildings are distributed fairly and transparently.
- Negative impact: It may increase costs for residents using apartment buildings.
❓ 常见问题
How do owners of apartment buildings have the responsibility to contribute management and operation costs?
Owners have the responsibility to pay management and operation costs, except in cases of other agreements. The contribution level is calculated based on the net floor area of the apartment or other parts of the building.
How is the contribution level for management and operation costs determined when there are multiple owners?
The contribution level for management and operation costs is allocated based on the net floor area of each individual apartment or separate part of the building.
What responsibilities does the provincial people's committee have?
The people's committee establishes a general framework of prices for managing and operating apartment buildings as a basis for calculating costs.
When does this Circular take effect?
This Circular takes effect from June 25, 2014.
How is the contribution level for management and operation costs determined for contracts signed before April 8, 2014?
The contribution level for management and operation costs is allocated based on the net floor area of the apartment from the date this Circular takes effect.
全文
CIRCULAR
Amending and supplementing Point a Clause 2 Article 17 of the Regulation on Management and Use of Apartment Buildings issued together with Decision No. 08/2008/QĐ-BXD dated May 28, 2008 of the Minister of Construction
quy định về việc sử dụng nhà chung cư ban hành kèm theo Quyết định số 08/2008/QĐ-BXD
ngày 28 tháng 5 năm 2008 của Bộ trưởng Bộ Xây dựng
_______________________
Pursuant to the Law on Housing dated November 29, 2005;
Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;
Pursuant to Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing;
The Minister of Construction hereby issues this Circular to regulate the issuance of real estate brokerage practice certificates; guide the operation of real estate trading floors.
The Minister of Construction issues this Circular amending and supplementing Point a Clause 2 Article 17 of the Regulation on Management and Use of Apartment Buildings issued together with Decision No. 08/2008/QĐ-BXD dated May 28, 2008 of the Minister of Construction.
Article 1. Amending and supplementing Point a Clause 2 Article 17 of the Regulation on Management and Use of Apartment Buildings issued together with Decision No. 08/2008/QĐ-BXD dated May 28, 2008 of the Minister of Construction as follows:
"a) In the case where an apartment building has one owner, the owner shall be responsible for paying the management and operation costs of the apartment building, except in cases where the owner and the user of the apartment building have agreed otherwise.
In the case where an apartment building has multiple owners, the owners and users shall be responsible for contributing to the management and operation costs according to the principle of covering all expenses for managing and operating the apartment building. The amount of contribution to the management and operation costs of the apartment building shall be calculated monthly and allocated based on the net floor area of each apartment or other part of the building that is not an apartment (including parking space area) owned individually by each owner of the apartment building.
The People's Committee of the province or centrally governed city shall be responsible for setting a general framework price for the management and operation of apartment buildings within their jurisdiction as a basis for the developer to calculate, establish management and operation costs, and collect from the owners and users (in cases where the apartment building does not yet have a Management Board) or for the management company to calculate, establish management and operation costs, and propose to the Management Board to report to the Apartment Building Meeting for approval (in cases where the apartment building already has a Management Board)."
Article 2. Effective Date
1. This Circular shall take effect from June 25, 2014.
2. For cases where contracts for the sale of apartments in apartment buildings were signed before April 8, 2014 (the date when Circular No. 03/2014/TT-BXD dated February 20, 2014 on amending and supplementing Article 21 of Circular No. 16/2010/TT-BXD dated September 1, 2010 of the Ministry of Construction detailing and guiding the implementation of certain provisions of Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing came into force), if the parties have agreed to calculate the apartment area based on the centerline of the wall, then from the date this Circular takes effect, the contribution to the management and operation costs of the apartment building shall be allocated based on the net floor area of the apartment.
3. During the implementation process, if there are any difficulties, please send comments to the Ministry of Construction for research and consideration for amendment and supplementation within its authority.
DEPUTY MINISTER
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