This Circular details and guides the implementation of certain provisions of the Housing Law 2014, including matters such as determining the usable area of housing, managing service prices for apartment buildings, classifying apartment buildings, training and enhancing professional knowledge on the management and operation of apartment buildings. This Circular takes effect from August 1, 2024, and abolishes many old circulars related to housing management and use.
适用范围
This Circular applies to organizations and individuals, both domestic and foreign, participating in construction activities, management, and use of housing in Vietnam.
要点
- Determining the usable area of housing
- Managing service prices for apartment buildings
- Classifying apartment buildings
- Training and enhancing professional knowledge on the management and operation of apartment buildings
- Abolishing old related circulars
🌐 本文件的社会影响
- Strengthening housing management and use, ensuring citizens' rights
- Improving the quality of apartment building management services
- Promoting a healthy real estate market
❓ 常见问题
When does this Circular take effect?
This Circular takes effect from August 1, 2024.
Will the old related circulars be abolished?
Yes, the Circulars listed in Article 21 of this Circular will be abolished after this new Circular takes effect.
全文
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MINISTRY OF CONSTRUCTION |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 05/2024/TT-BXD |
Hanoi, July 31, 2024 |
CIRCULAR
Pursuant to the Housing Law dated November 27, 2023;
BASED ON THE GOVERNMENT DECREE NO. 52/2022/NĐ-CP OF AUGUST 8, 2022, PROVIDING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION;
Pursuant to the proposal of the Director of the Department of Housing Management and Real Estate Market;
The Minister of Construction issues this Circular detailing certain provisions of the Law on Housing.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular details certain provisions of the Law on Housing No. 27/2023/QH15 (hereinafter referred to as the Law on Housing), including:
2. Point a Clause 3 Article 57 concerning requirements for constructing multi-story multi-unit residential buildings by individuals.
3. Clause 5 Article 57 concerning the Regulation on the management and use of apartment buildings.
4. Clause 9 Article 78 concerning the model of documents proving the subjects specified in Clauses 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Article 76 of the Law on Housing; the model of documents proving the conditions for enjoying social housing support policies.
5. Clause 3 Article 191 concerning the budget for developing provincial housing development programs and plans.
6. Clause 4 Article 191 concerning the model of contracts for buying and selling, leasing with purchase option, and leasing social housing, resettlement housing, and public property housing.
7. Clause 14 Article 191 concerning the framework training and capacity building program for managing and operating apartment buildings.
Article 2. Applicability
1. Domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals related to the contents stipulated in this Circular.
2. State management agencies related to the contents stipulated in this Circular.
Chapter II
DETAILING CERTAIN CONTENTS ON HOUSING DEVELOPMENT AND MANAGEMENT
1. Before signing a rental contract for their own residential house, foreign individuals owning houses in Vietnam must submit a notification document on renting the residential house to the district-level housing management authority where the rented house is located. The content of the notification document includes the owner's name, address of the rented house, rental period, identification number and date of issuance of the ownership certificate for the rented house, purpose of using the rented house, and attach a copy of the ownership certificate for that house.
2. Within a maximum period of 15 days from the termination date of the rental contract, foreign individuals must submit a notification document on terminating the rental contract to the district-level housing management authority where the rented house is located for monitoring and management.
Article 4. Requirements for constructing multi-story multi-unit residential buildings by individuals
1. Individuals investing in constructing residential buildings with two floors or more and having a scale of less than 20 units, each floor designed and constructed for renting, must meet the following requirements:
b) Must comply with fire prevention and firefighting requirements according to laws on fire prevention and firefighting, safety standards for individual residential buildings, and conditions for traffic routes for firefighting vehicles to perform firefighting tasks and other requirements (if any) prescribed by the provincial-level People's Committee.
2. The management and operation of multi-story multi-unit residential buildings by individuals as stipulated in Clause 1 of this Article shall be carried out in accordance with the Regulation on the management and use of apartment buildings.
Article 5. Management and usage regulations for apartment buildings
The management and usage regulations for apartment buildings are issued together with this Circular.
Chapter III
MODEL DOCUMENTS TO PROVE ELIGIBILITY AND CONDITIONS FOR BENEFITTING FROM HOUSING SUPPORT POLICIES
Article 6. Model documents to prove eligibility for benefitting from housing support policies
a) For the subjects specified in Clause 1, Article 76 of the Law on Housing, the document proving eligibility for benefitting from housing support policies is a certified copy of the document certifying persons who have rendered meritorious service to the revolution or a certified copy of the certificate recognizing relatives of martyrs as prescribed by the Ordinance on Preferential Treatment for Persons who have Rendered Meritorious Service to the Revolution;
b) For the subjects specified in Clauses 2, 3, and 4, Article 76 of the Law on Housing, the document proving eligibility for benefitting from housing support policies is a certified copy of the certificate recognizing poor and near-poor households as prescribed;
c) For the subjects specified in Clauses 5, 6, 8, 9, 10, and 11, Article 76 of the Law on Housing, they shall implement Model No. 01 at Appendix I issued together with this Circular;
d) The model document proving eligibility for the subject specified in Clause 7, Article 76 of the Law on Housing shall be implemented according to the guidance of the Minister of National Defense and the Minister of Public Security.
2. Agencies, units, and enterprises shall verify the model documents proving eligibility for the following cases:
a) Low-income individuals in urban areas (for those with labor contracts);
b) Workers and employees working in enterprises, cooperatives, and cooperative unions inside and outside industrial zones;
c) Officials, civil servants, and public officials as prescribed by laws on officials, civil servants, and public officials.
3. Agencies managing public service housing shall verify the model documents proving eligibility for individuals who have returned public service housing.
4. Universities, academies, colleges, vocational schools, specialized schools as prescribed by law; public residential schools for ethnic minorities shall verify the model documents proving eligibility for students and trainees studying at educational institutions under their management.
Article 7. Model documents proving conditions regarding housing to be eligible to purchase or lease social housing
The model documents proving conditions regarding housing to be eligible to purchase or lease social housing or housing for the people's armed forces shall be implemented according to Model No. 02 (for those without housing) or Model No. 03 (for those with housing) at Appendix I issued together with this Circular. In the case where the applicant is married, his or her spouse must also declare the model documents proving conditions regarding housing according to Model No. 02 at Appendix I issued together with this Circular.
Article 8. Model documents proving conditions regarding income to be eligible to purchase or lease social housing
2. Agencies, units, and enterprises where the following subjects are working shall verify the model documents proving conditions regarding income to be eligible to purchase or lease social housing:
b) Workers and employees working in enterprises, cooperatives, and cooperative unions inside and outside industrial zones;
c) Officers, professional military personnel, non-commissioned officers belonging to the people's armed forces, police workers, civil servants, defense workers, and other personnel in confidential organizations receiving state budget salaries;
3. For the subjects specified in Clauses 2, 3, and 4, Article 76 of the Law on Housing, the document proving conditions regarding income to be eligible to purchase or lease social housing is a certified copy of the certificate recognizing poor and near-poor households.
Article 9. Model of documents proving the conditions for households and individuals to obtain preferential loans through the Social Policy Bank or credit organizations designated by the State to build or renovate and repair housing
Clause 1. The model of documents proving the conditions regarding land for residence, housing, and permanent registration of households and individuals to obtain preferential loans through the Social Policy Bank to build or renovate and repair housing shall be implemented according to Model No. 06 attached as Appendix I of this Circular.
Clause 2. The model of documents proving the conditions regarding land for residence, housing, and permanent registration of households and individuals to obtain preferential loans through credit organizations designated by the State to build or renovate and repair housing shall be implemented according to Model No. 07 attached as Appendix I of this Circular.
Chapter IV
LEVEL OF EXPENSES FOR BUILDING THE PROGRAM AND PLAN FOR HOUSING DEVELOPMENT AND SAMPLE CONTRACTS ON HOUSING
Article 10. Level of expenses for building the provincial housing development program
Clause 1. The level of expenses for building the provincial housing development program is determined according to the following formula: CCT = CCT1 + CCT2 Where: CCT: is the total level of expenses for building the housing development program. CCT1: is the cost of building the housing development program. CCT2: is the cost of managing the business of building the housing development program at the provincial housing management agency.
Clause 2. The cost of building the housing development program (CCT1) stipulated in Clause 1 of this Article is determined according to the following formula: CCT1 = Ccg + Cql + Ck + TL + GTGT Where: Ccg: is the cost for experts performing tasks. Cql: is the management cost of the consulting unit. Ck: includes other costs such as travel, accommodation, office supplies, and other reasonable costs as prescribed. TL: is taxable income. GTGT: is value-added tax.
Clause 3. The costs constituting the cost of building the housing development program (CCT1) stipulated in Clause 2 of this Article are determined as follows:
Point a. The cost for experts performing tasks (Ccg) is determined according to the following formula: Ccg = Unit price of expert working days multiplied by (x) Standard number of working days. The unit price of expert working days is determined based on the monthly salary of domestic consulting experts divided by 26 days, as specified in Table No. 04 of Appendix II issued together with this Circular. The level of experts and standard number of working days for performing tasks to build the provincial housing development program are specified in Table No. 01 of Appendix II issued together with this Circular;
Point b. The management cost of the consulting unit (Cql) includes: costs related to the operation of the management and operational department of the consulting organization (salaries of the management department), costs to maintain the operation of the consulting organization; office costs; social costs (contributions to social insurance, health insurance, unemployment insurance as prescribed under the responsibility of the consulting organization); purchase of professional liability insurance and other management costs related to the activities of the consulting organization. The management cost of the consulting unit (Cql) is determined at 25% of the cost for experts performing tasks (Ccg);
Point c. Other costs (Ck) include travel and accommodation costs determined according to the Ministry of Finance's guidelines on travel expenses and other costs determined appropriately based on actual circumstances at the time of preparing the budget;
Point d. Taxable income (TL) is determined at 6% of the total cost for experts performing tasks (Ccg) and the management cost of the consulting unit (Cql) based on regulations on determining and managing construction investment costs;
Point đ. Value-added tax (GTGT) is determined based on the applicable tax rate for consulting service activities as prescribed;
Clause 4. The cost of managing the business (CCT2) stipulated in Clause 1 of this Article is the cost for the activities of the provincial housing management agency in managing the process of building the housing development program, including the following costs:
Point a. The cost for experts and concurrently assigned staff (Ccg) is determined based on the tasks to be performed; the level of experts, the unit price of expert working days, and the standard number of working days for performing business management activities. The unit price of expert working days is determined based on the monthly salary of domestic consulting experts divided by 26 days, as specified in Table No. 04 of Appendix II issued together with this Circular. The level of experts and standard number of working days for performing business management activities are specified in Table No. 03 of Appendix II issued together with this Circular;
Point b. The cost of organizing meetings and conferences (Chh) is determined according to the Ministry of Finance's guidelines on conference expense allowances;
Point c. Other costs (Ck) include travel and accommodation costs determined according to the Ministry of Finance's guidelines on travel expense allowances; costs for selecting consulting units (if any) in accordance with the law on bidding and other costs determined appropriately based on actual circumstances at the time of establishing the costs;
Article 11. Level of funding for developing provincial housing development plans
1. The level of funding for developing provincial housing development plans shall be determined according to the following formula: CKH = CKH1 + CKH2 Where: CKH: is the total level of funding for building the housing development plan. CKH1: is the cost of building the housing development plan. CKH2: is the cost of managing the business of building the housing development plan by the housing management agency.
2. The cost of building the housing development plan (CKH1) as stipulated in Clause 1 of this Article shall be determined according to the following formula: CKH1 = Ccg + Cql + Ck + TL + GTGT Where: Ccg: is the cost for experts performing tasks related to building the housing development plan, determined according to the provisions of Point a, Clause 3, Article 10 of this Circular, based on the number of experts needed and the working days for tasks related to building the provincial housing development plan as specified in Table 02 of Appendix II issued with this Circular. Cql: is the management cost of the consulting unit, determined according to the provisions of Point b, Clause 3, Article 10 of this Circular. Ck: includes other costs such as travel expenses, accommodation, office supplies, and other reasonable costs as prescribed in Point c, Clause 3, Article 10 of this Circular. TL: is taxable income, determined according to the provisions of Point d, Clause 3, Article 10 of this Circular. GTGT: is value-added tax, determined according to the provisions of Point đ, Clause 3, Article 10 of this Circular.
3. The cost of managing the business (CKH2) as stipulated in Clause 1 of this Article is the cost for the activities of the provincial housing management agency in managing the process of building the housing development plan and is determined according to the provisions of Clause 4, Article 10 of this Circular.
Article 12. Provisions on housing contract templates
1. The template for housing purchase contracts serving relocation is provided in Appendix III issued with this Circular.
2. The template for housing lease-purchase contracts serving relocation is provided in Appendix IV issued with this Circular.
3. The template for housing rental contracts serving relocation, old houses belonging to public assets is provided in Appendix V issued with this Circular.
4. The template for social housing purchase contracts is provided in Template No. 01 of Appendix VI issued with this Circular; the template for social housing lease-purchase contracts is provided in Template No. 02 of Appendix VI issued with this Circular; the template for social housing rental contracts is provided in Template No. 03 of Appendix VI issued with this Circular.
5. The template for old house purchase contracts belonging to public assets is provided in Appendix VII issued with this Circular.
Chapter V
FRAMEWORK TRAINING AND STAFF DEVELOPMENT PROGRAM ON HOUSING MANAGEMENT OPERATIONS
Article 13. Legal knowledge training related to housing management operations and usage
Legal knowledge related to housing management operations and usage includes the following two lectures:
1. General legal knowledge lecture including: housing laws, construction laws, fire prevention and firefighting laws, civil laws, land laws, real estate business laws related to apartment buildings;
2. Lecture on specific contents in housing management operations and usage.
Article 14. Outline of lectures on legal knowledge related to the management and operation, use of apartment buildings
1. For the lecture on general legal knowledge regarding the management and use of apartment buildings as stipulated in Clause 1, Article 13 of this Circular shall include the following contents:
a) General provisions of laws on housing, construction, fire prevention and fighting, civil law, land law, real estate business law related to apartment buildings;
b) Provisions related to investment construction, renovation, maintenance of apartment buildings;
c) Provisions related to land use rights and ownership of apartment buildings;
d) Provisions related to transactions concerning housing, management service contracts for apartment building operations, maintenance contracts for apartment buildings.
2. For the lecture as stipulated in Clause 2, Article 13 of this Circular shall include the following contents:
a) Provisions of housing law on the management and use of apartment buildings;
b) Contents of the Regulation on the management and use of apartment buildings.
3. In addition to the contents stipulated in Clauses 1 and 2 of this Article, training institutions may supplement other relevant contents according to the needs of trainees.
Article 15. Professional and vocational training in the management and operation of apartment buildings
1. The mandatory theoretical study section includes the following seven topics:
a) Topic 1: Vocational skills in managing and operating apartment buildings;
b) Topic 2: Management and operation of electrical systems, water supply and drainage, ventilation-heating systems in apartment buildings;
c) Topic 3: Management and operation of fire prevention and fighting systems at apartment buildings;
d) Topic 4: Management and operation of elevator and escalator systems in apartment buildings;
đ) Topic 5: Environmental sanitation management, landscape management, and wastewater treatment in apartment buildings;
e) Topic 6: Risk management, public security and administrative management, disaster response in apartment buildings; requirements for civilized living in urban areas and apartment buildings (if applicable);
g) Topic 7: Application of information technology in the management and operation of apartment buildings.
2. In addition to the seven topics stipulated in Clause 1 of this Article, training institutions may supplement other training topics according to the needs of trainees.
3. The mandatory practical study section includes the following contents:
a) On-site survey of apartment building management and operation activities;
b) Practical exercises in security, public order, customer care, environmental sanitation, fire prevention and fighting safety work, rescue operations, and digital technology and software management operation usage in apartment buildings;
c) Other practical sections related to the management and operation of apartment buildings according to the needs of trainees;
d) After the survey and practical exercises, trainees must write a report including the following contents: coordination regulations between organizations and individuals involved in the management and operation of apartment buildings; evaluation of security, public order, fire prevention and fighting, and environmental sanitation services in apartment buildings and the application of information technology in the management and operation of apartment buildings.
Article 16. Outline of lectures on specialized topics in professional and vocational knowledge for the management and operation of apartment buildings
1. The outline of Topic 1 on vocational skills in managing and operating apartment buildings shall include the following contents:
a) Models of apartment building management and operation and methods, contents of coordination among related organizations and individuals in the management and operation of apartment buildings;
b) Management and use of common area space, common equipment, and shared facilities;
c) Management of entry and exit, noise, security, and sanitation in the apartment building area;
d) Guidance on using public services in apartment buildings and receiving, processing feedback from users to improve the quality of public services;
đ) Procedures for accepting handover and managing materials and equipment of apartment buildings;
e) Service skills, including methods of identifying, storing, and updating information about owners and users of apartment buildings; principles of communication, handling situations by the management and operation unit, and methods of handling negative information affecting the psychology of apartment building users;
g) Other issues related to the needs of trainees.
2. The outline of Topic 2 on management and operation of electrical systems, water supply and drainage, ventilation-heating systems in apartment buildings shall include the following contents:
a) Management and operation, maintenance of electrical systems, alarm systems, lightning protection and grounding systems (specifying location, principle of operation, maintenance and repair principles, and technical troubleshooting during operation);
b) Management and operation, maintenance of water supply and drainage systems inside and outside apartment buildings (specifying location, principle of operation, maintenance and repair principles, and technical troubleshooting during operation);
c) Management and operation, maintenance of ventilation-heating and air conditioning systems in apartment buildings (specifying location, principle of operation, maintenance and repair principles, and technical troubleshooting during operation);
d) Responsibilities and coordination mechanisms between the apartment building management and operation unit and the project investor, apartment building management board, local authorities, and equipment suppliers;
đ) Other issues related to the needs of trainees.
3. The outline of Topic 3 on management and operation of fire prevention and fighting systems at apartment buildings shall include the following contents:
a) Management and operation of fire prevention and fighting machinery and equipment at apartment buildings (specifying location, principle of operation, maintenance and repair principles, and technical troubleshooting during operation);
b) Responsibilities and coordination mechanisms between the apartment building management and operation unit and the project investor, apartment building management board, local authorities, firefighting agencies, and rescue units;
c) Other issues related to the needs of trainees.
4. The outline of Topic 4 on management and operation of elevator and escalator systems in apartment buildings shall include the following contents:
a) Management and operation of elevator and escalator systems in apartment buildings (specifying principle of operation, maintenance and repair principles, and technical troubleshooting during operation);
b) Responsibilities and coordination mechanisms between the management and operation unit of the apartment building and the developer, the Apartment Building Management Board, local authorities, and elevator contractors;
c) Other issues related to the needs of trainees.
5. The outline of Special Topic 5 on environmental sanitation management, landscape maintenance, and wastewater treatment in apartment buildings includes the following contents:
a) Professional knowledge on environmental sanitation management in apartment buildings;
b) Management and operation of the waste and wastewater treatment system in apartment buildings (describe the main structure, operating principles, maintenance and repair rules, and technical troubleshooting during operation);
c) Procedures for pest control and greenery care;
d) Responsibilities and coordination mechanisms between the management and operation unit of the apartment building and the developer, the Apartment Building Management Board, local authorities, and urban environmental management agencies;
đ) Other issues related to the needs of trainees.
6. The outline of Special Topic 6 on risk management, security and public order management, administrative management, and disaster response in apartment buildings; requirements for civilized living in cities and apartment buildings (if applicable) include the following contents:
a) Risk management in apartment buildings (identify types of risks in apartment building management operations, assess risk levels, and organize risk control measures), insurance policies to mitigate risks in apartment buildings and types of insurance contracts;
b) Organization of security and public order control inside and outside apartment buildings (describe procedures for controlling people and traffic, and patrol routines inside and outside apartment buildings);
c) Knowledge and skills related to workplace safety, planning and budgeting for fire prevention, firefighting, rescue operations, and disaster response in apartment buildings;
d) Administrative management in apartment building management operations;
đ) Requirements for civilized living in cities and apartment buildings (if applicable);
e) Other relevant issues based on the needs of trainees;
7. The outline of Special Topic 7 on the application of information technology in apartment building management operations includes the following contents:
a) Application of information technology in connecting work among developers, the Management Board, management and operation units, owners, and users of apartment buildings;
b) Application of information technology in apartment building management operations;
c) Application of information technology in notifications, receiving feedback, and suggestions from owners and users regarding apartment building management services; conducting resident surveys, service quality evaluations; organizing online apartment building meetings when direct meetings are not possible due to disease outbreaks or natural disasters;
d) Other relevant issues based on the needs of trainees;
Article 17. Training and Capacity Building Outline for Members of the Apartment Building Management Board
The training and capacity building outline for members of the Apartment Building Management Board includes the following contents:
1. Legal knowledge related to the management and use of apartment buildings as stipulated in Article 13 of this Circular;
2. Basic contents of management and operation service contracts and maintenance contracts for apartment buildings; classification of disputes and jurisdiction for resolving disputes under management and operation service contracts and maintenance contracts for apartment buildings;
3. Basic knowledge on accepting apartment building files and determining apartment building drawings;
4. Knowledge on managing, collecting, and using common property maintenance funds, financial resources of the Apartment Building Management Board, selecting maintenance units for common properties, selecting management and operation units for apartment buildings, and coordination mechanisms between the Apartment Building Management Board, developers, management and operation units, and local authorities where the apartment building is located;
5. Other relevant issues based on the needs of trainees.
Chapter VI
IMPLEMENTING PROVISIONS
Article 18. Training activities of training institutions for management and operation of apartment buildings
1. Universities, colleges, vocational schools, training institutions, real estate businesses with training functions, if they have a need to train and provide professional development on management and operation of apartment buildings, shall carry out training based on demand. Based on the framework training program for professional development on management and operation of apartment buildings stipulated in Chapter V of this Circular, training institutions shall develop lecture materials and organize training in accordance with the needs of students.
2. Training institutions for management and operation of apartment buildings shall perform the following tasks in their training activities:
a) Establish specific training duration; arrange theoretical training facilities and practical training locations to meet training requirements;
b) Select and arrange lecturers with appropriate knowledge and qualifications for each training topic to ensure quality and content of training;
c) Develop a management program, arrange lecturers for training, manage participants, issue Certificates of Completion for training and professional development courses on management and operation of apartment buildings in accordance with housing laws;
đ) Implement other relevant regulations during the process of issuing Certificates of Completion for training and professional development courses on management and operation of apartment buildings in accordance with the law.
Article 19. Responsibilities of localities
1. Provincial People's Committees shall be responsible for the following:
a) Directing functional agencies at the locality level to review, amend, supplement, and promulgate new regulations within the authority of the provincial People's Committee that relate to the provisions of this Circular, ensuring consistency with the Housing Law and detailed regulations guiding its implementation;
b) Directing the organization and implementation of housing laws and this Circular;
c) Organizing inspections, supervision, and handling of violations according to their authority or proposing competent authorities to handle violations of housing laws and this Circular within their jurisdiction;
d) Organizing publicity, dissemination, and legal education on housing for organizations and individuals within their jurisdiction to implement;
đ) Handling and resolving issues within their authority in implementing the provisions of this Circular or proposing competent authorities to resolve them in accordance with the law;
e) Performing other tasks as prescribed by the Housing Law or by the Government;
2. Provincial housing management agencies shall be responsible for the following:
a) Taking the lead and coordinating with functional agencies at the locality level to determine funding for the development of provincial housing programs and plans, reporting to the provincial People's Committee for consideration and decision in accordance with this Circular;
c) Monitoring, urging, and providing guidance to organizations and individuals regarding the management and operation of apartment buildings within their jurisdiction;
d) Inspecting, supervising, and handling violations according to their authority or proposing competent authorities to handle violations of this Circular;
đ) Performing other tasks as prescribed by the Housing Law or by the Government;
Article 20. Transitional Provisions
1. Transitional provisions for the regulation on the budget for developing provincial housing programs and plans are as follows:
a) In cases where the provincial People's Committee has approved the budget for developing and adjusting provincial housing programs and plans before this Circular takes effect, such approval shall continue to be implemented;
b) In cases where the provincial housing management agency has submitted outlines and budgets for developing and adjusting provincial housing programs and plans before this Circular takes effect but the provincial People's Committee has not yet approved the budget, the budget for developing and adjusting the programs and plans shall be recalculated in accordance with this Circular and submitted to the provincial People's Committee for approval.
2. For construction projects with two floors or more and less than twenty apartments designed and constructed for rental purposes, if individuals have submitted applications for construction permits for housing before this Circular takes effect but the competent authority has not issued the permit by the time this Circular becomes effective, they must review and supplement requirements for housing construction in accordance with this Circular before issuing the construction permit. In cases where construction is exempted from obtaining a construction permit under construction laws and the project is still under construction when this Circular becomes effective, a notification must be made to the commune People's Committee with information as stipulated in Clause 1, Article 4 of this Circular.
3. Within a maximum period of twelve months from the date this Circular takes effect, training institutions currently organizing training and professional development on management and operation of apartment buildings must review and develop lecture content, survey content, and practical arrangements in accordance with the framework program and arrange lecturers and practical guidance suitable for specialized topics on management and operation of apartment buildings as prescribed in this Circular.
4. Transitional provisions for the management and use of apartment buildings shall be carried out in accordance with the Management and Use Regulations for Apartment Buildings attached to this Circular.
5. In cases where procedures for signing purchase and sale contracts, hire-purchase contracts, or rental contracts for housing to serve resettlement purposes are being processed, and such housing belongs to state property before this Circular takes effect, but by the time this Circular becomes effective, the parties have not yet signed the contract, they must sign the contract according to the corresponding model contracts issued with this Circular.
Article 21. Effective Date
1. This Circular takes effect from August 1, 2024.
2. Repeal the following Circulars:
a) Circular No. 05-BXD/DT dated February 9, 1993 of the Ministry of Construction guiding the method for determining usable area and classifying housing;
b) Joint Circular No. 13/LB-TT dated August 18, 1994 of the Ministry of Construction, the Ministry of Finance, and the Government Price Control Board guiding the method for determining the remaining value of housing when selling state-owned housing to current tenants;
c) Circular No. 11/2008/TT-BXD dated May 5, 2008 guiding certain contents of Decision No. 17/2008/QD-TTg dated January 28, 2008 of
d) Circular No. 37/2009/TT-BXD dated December 1, 2009 of the Minister of Construction guiding the method for determining and managing service fees for apartment buildings;
đ) Circular No. 09/2015/TT-BXD dated December 29, 2015 of the Minister of Construction guiding the management and use of public servants' housing;
e) Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Minister of Construction promulgating the Regulation on the management and use of apartment buildings;
g) Circular No. 19/2016/TT-BXD dated June 30, 2016 of the Minister of Construction guiding the implementation of certain contents of the Housing Law and Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Housing Law;
h) Circular No. 28/2016/TT-BXD dated December 15, 2016 of the Minister of Construction amending and supplementing certain provisions of Circular No. 10/2015/TT-BXD dated December 30, 2015 of the Ministry of Construction on training and upgrading professional knowledge for the management and operation of apartment buildings, Circular No. 11/2015/TT-BXD dated December 30, 2015 of the Ministry of Construction on issuing real estate brokerage certificates; guiding the training and upgrading of professional knowledge for real estate brokers, the management of real estate trading floors, and the establishment and operation of real estate trading floors, and certain provisions of the Regulation on the management and use of apartment buildings promulgated by Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Minister of Construction;
i) Circular No. 31/2016/TT-BXD dated December 30, 2016 of the Minister of Construction stipulating the classification and recognition of apartment building grades;
k) Circular No. 06/2019/TT-BXD dated October 31, 2019 of the Minister of Construction amending and supplementing certain articles of related Circulars concerning the management and use of apartment buildings;
l) Circular No. 07/2021/TT-BXD dated June 30, 2021 of the Minister of Construction amending, supplementing, and abolishing certain articles of Circular No. 19/2016/TT-BXD dated June 30, 2016 of the Minister of Construction and Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Minister of Construction;
m) Circular No. 09/2021/TT-BXD dated August 16, 2021 of the Minister of Construction guiding the implementation of certain contents of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government on the development and management of social housing and Decree No. 49/2021/NĐ-CP dated April 1, 2021 of the Government amending and supplementing certain articles of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government on the development and management of social housing;
n) Circular No. 03/2023/TT-BXD dated April 28, 2023 of the Minister of Construction amending and supplementing Article 3 of Circular No. 09/2021/TT-BXD dated August 16, 2021 of the Minister of Construction guiding the implementation of certain contents of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government on the development and management of social housing and Decree No. 49/2021/NĐ-CP dated April 1, 2021 of the Government amending and supplementing certain articles of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government on the development and management of social housing.
3. Contents within the scope of regulation of this Circular that have been prescribed in legal normative documents issued by the Minister of Construction, relevant ministries, central agencies, and provincial People's Committees prior to the date this Circular takes effect, which differ from the provisions of this Circular, shall be implemented in accordance with the provisions of this Circular.
4. During the implementation process, if there are any difficulties, please reflect them to the Ministry of Construction for examination and guidance within its authority./.
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