Circular No. 06/2019/TT-BXD Amending and Supplementing Certain Articles of Related Circulars on the Management and Use of Apartment Buildings

CIRCULAR

Amending and supplementing certain articles of Circulars

relating to the management and use of condominiums

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On the basis of Law on Housing dated November 25, 2014;

Based on Decree No. 81/2017/ND-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing;

At the proposal of the Director of the Department of Housing and Real Estate Market Management;

The Minister of Construction issues the CircularTo amend and supplement some articles of amending and supplementing some articles of the Regulation on the management and use of condominiums as follows:

Article 1. amending and supplementing some articles of the Regulation on the management and use of condominiums issued together with 19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT Circular No. 02/2016/TT-BXD dated February 15, 2016 as follows:

1. Clause 1 of Article 1 shall be amended and supplemented as follows:

"1. This Regulation shall apply to condominiums for residential purposes and condominiums for mixed-use purposes including residential and other uses (including residential units, tourist accommodation facilities, service and commercial buildings, office buildings, and other structures) as prescribed in the Law on Housing No. 65/2014/QH13 (hereinafter referred to as the Law on Housing), including:

a) Commercial condominiums;

b) Social condominiums, except those prescribed in Clause 2 of this Article;

c) Condominiums for resettlement;

d) Old state-owned condominiums that have been renovated and rebuilt;

e) Condominiums used for public service housing."

2. Clause 2 of Article 4 is amended and supplemented as follows:

"2. The management and use of condominiums shall be carried out based on voluntary commitments and agreements among the parties but must not contravene laws on housing, relevant laws, and social ethics."

3. Clause 8 of Article 4 is added as follows:

"8. It is encouraged for developers, Management Boards, operating units, owners, and users of condominiums to apply science and information technology in the process of managing, using, and operating condominiums."

4. Article 5 is amended and supplemented as follows:

"Article 5. Establishment, handover, and storage of condominium records

1. Owners of condominiums must establish and store records on housing in accordance with Articles 76 and 77 of the Law on Housing.

2. Developers are responsible for establishing project records for condominiums in accordance with the law on construction. In cases where condominiums no longer have stored records, they must re-establish completion records for the condominium projects in accordance with the law.

3. The storage and handover of project records for condominiums shall be carried out as follows:

a) Developers are responsible for storing records as stipulated in Clause 2 of this Article; within twenty working days from the date when the Management Board of the condominium or the representative managing the condominium (in cases where a Management Board is not established) issues a written request for the handover of project records for the condominium, the developer is responsible for handing over two sets of certified copies of the records to the Management Board. The records handed over to the Management Board include:

- As-built drawings (with a list of drawings attached) in accordance with the law on construction.

- Equipment installation history provided by the manufacturer.

- Operation and exploitation procedures for the building; maintenance procedures for the building.

- Notification of approval of the results of the final inspection of the project components and the condominium building by the specialized agency on construction in accordance with the law on construction.

- Floor plans for parking areas prepared by the developer based on the project documentation and design approved by the competent authority, clearly delineating parking areas for condominium owners and users (including common parking spaces and car parking spaces) and public parking areas;

b) After receiving the project records for the condominium as stipulated in Point a of this Clause from the developer, the Management Board of the condominium is responsible for storing and managing these records at the community house or the Management Board's office (if any) or at the location agreed upon by the Condominium Meeting; if the condominium must have an operating unit according to the Law on Housing, then the Management Board of the condominium must provide one set of the records received from the developer to the operating unit, except in cases where the operating unit is the developer.

If the operating unit ceases to manage and operate the condominium, it must return the records to the Management Board;

c) If the developer fails to hand over the project records for the condominium within the time limit specified in Point a of this Clause, the Management Board of the condominium must issue a written request to the People's Committee of the district, town, city under provincial jurisdiction (hereinafter collectively referred to as the District People's Committee) to require the developer to hand over the records. Within five working days from the date of receipt of the Management Board's written request, the District People's Committee must inspect; if the developer has not handed over the project records for the condominium as prescribed, it must issue a written request to the developer to hand over the records; within ten working days from the date of receipt of the District People's Committee's written request, if the developer does not hand over the project records for the condominium, it will be handled according to the law on administrative penalties in the field of housing management and use and forced to hand over the project records for the condominium to the Management Board;

d) If the developer hands over the project records for the condominium in accordance with the regulations but the Management Board does not accept them, within ten working days from the date of handover, the developer must report the Management Board's refusal to accept the handover and request the District People's Committee where the condominium is located to take over these records. The Management Board must bear responsibility for any related issues arising from failing to accept the handover of the project records for the condominium in accordance with the law.

4. Before handing over the project records for the condominium, the developer and the Management Board of the condominium or the representative managing the condominium must carry out an inventory of equipment and actual division of the common ownership of the condominium in accordance with the Law on Housing; the handover of the project records for the condominium and the actual condition must be recorded in a protocol signed by all parties. If it is not possible to conduct an inventory of equipment and clearly define the common ownership, the developer and the Management Board must record the current status of the equipment and the management and use of the common area of the condominium in a protocol."

4. Prior to transferring the construction project file of the apartment building, the project investor and the Management Board of the apartment building or its representative must conduct an inventory of equipment and physically delineate the common ownership portion of the apartment building in accordance with the provisions of the Law on Housing; the transfer of the construction project file and the actual condition must be documented in a protocol signed by all parties. In cases where it is not possible to conduct an inventory of equipment and clearly define the common ownership portion, the project investor and the Management Board shall prepare a record documenting the current status of the equipment and the management and usage status of the common area of the apartment building.

5. Article 13 is amended and supplemented as follows:

          “Article 13. First Residential Building Owners' Meeting                                  

1. The conditions for organizing the first residential building owners' meeting are stipulated as follows:

a) The meeting of a residential building must be organized within twelve months from the date the residential building is handed over for use, and at least fifty percent of the apartments have been handed over to buyers or lessees (excluding apartments retained by the developer without sale or lease); in cases where the number of apartments handed over does not reach fifty percent within the prescribed period, the residential building owners' meeting shall be organized once fifty percent of the apartments have been handed over.

b) The meeting of a cluster of residential buildings shall be organized when at least fifty percent of the apartments in each building in the cluster have been handed over to buyers or lessees (excluding apartments retained by the developer without sale or lease), and at least fifty percent of the representatives of apartment owners in each building agree to incorporate their building into the cluster of residential buildings.

2. The conditions regarding the number of participants in the first residential building owners' meeting are stipulated as follows:

a) For the meeting of a residential building, there must be at least fifty percent of the representatives of apartment owners who have received handover attending. In cases where the number of attendees does not meet the requirements set out herein, within seven working days from the date of the meeting recorded in the notice of invitation, the developer or the representative of apartment owners may submit a written request to the People's Committee of the commune, ward, town where the residential building is located (hereinafter referred to as the People's Committee of the commune level) to organize the residential building owners' meeting;

b) For the meeting of a cluster of residential buildings, it must ensure that the number of people agreeing to incorporate their building into the cluster of residential buildings according to the provisions of Point b Clause 1 of this Article attend; in cases where the number of attendees does not meet the requirements, within seven working days from the date of the meeting recorded in the notice of invitation, the developer or the representative of apartment owners may submit a written request to the People's Committee of the commune level to organize the residential building owners' meeting, except in cases where the building in the cluster organizes its own residential building owners' meeting according to the provisions of Point a of this Clause.

3. The developer (if the residential building has multiple owners) or the owner (if the residential building has a single owner) shall be responsible for preparing the meeting agenda, announcing the time and place, and organizing the formal meeting for the owners and users of the residential building. The developer or the owner may organize preparatory meetings to prepare the contents for the formal residential building owners' meeting. The preparation for organizing the first residential building owners' meeting includes the following tasks:

a) Checking and determining the representative status of apartment owners attending the meeting; in cases of delegation, a written power of attorney must include the following: the name and contact phone number (if available) of the delegator and the delegate, the address of the apartment or other area in the residential building of the delegator, the contents of the delegation related to the residential building owners' meeting, the rights and responsibilities of both parties, the power of attorney must be fully signed by the delegator and the delegate;

b) Drafting the rules of procedure for the residential building owners' meeting;

c) Proposing amendments and supplements to the internal regulations on management and use of the residential building (if applicable);

d) Drafting the rules of procedure for electing the Management Board of the residential building, proposing the name of the Management Board according to the provisions of Point a Clause 1 Article 23 of these Rules, proposing the list, number of members of the Management Board, planning the Head and Deputy Head of the Management Board (if the residential building requires a Management Board); planning the training program for professional knowledge and operational management skills for the members of the Management Board;

đ) For residential buildings with multiple owners, additional contents need to be prepared, including proposing the service fee level for managing and operating the residential building, drafting the maintenance plan for the common property of the residential building, proposing the management and operation unit in cases where the residential building requires such a unit but the developer lacks the function or capability to manage and operate, or has the function or capability but does not participate in management and operation and does not entrust another unit to manage and operate; if the residential building requires a Management Board, the model of operation of the Management Board, draft rules of operation and financial revenue and expenditure rules of the Management Board must be proposed;

e) Announcing the service fees for facilities such as swimming pools, gyms, tennis courts, spas, supermarkets, and other services (if applicable);

g) Other proposals related to the management and use of the residential building that need to be reported to the first residential building owners' meeting.

4. The first residential building owners' meeting decides on the following matters:

a) The rules of procedure for the residential building owners' meeting (including the first meeting, annual meetings, and extraordinary meetings);

b) The rules of procedure for electing the Management Board of the residential building, the name of the Management Board, the number of members, the list of members of the Management Board, the Head and Deputy Head of the Management Board (if the residential building establishes a Management Board); the training plan for professional knowledge and operational management skills for the members of the Management Board;

c) Amendments and supplements to the internal regulations on management and use of the residential building (if applicable);

d) The contents prescribed in Point đ Clause 3 of this Article; for the service management operation fee of apartment buildings, the residents' meeting decides based on the provisions of this Regulation and agreements with the management unit.

đ) The funds that the owners and users of apartment buildings must contribute during the use of the apartment building.

e) Other related contents.

5. The People's Committee at the commune level shall be responsible for organizing the first residents' meeting of the apartment building when any of the following circumstances occur:

a) The apartment building has been handed over for use beyond the 12-month period specified in Point a Clause 1 of this Article and has reached at least 50% of the number of units handed over as stipulated in Point a Clause 1 of this Article, but the developer does not organize the residents' meeting and there is a request from the representative of the owners who have received the handover to organize the meeting by the People's Committee at the commune level.

b) In case the number of participants does not meet the requirements stipulated in Clause 2 of this Article;

c) The developer ceases operations due to dissolution or bankruptcy as prescribed by law.

In case the People's Committee at the commune level organizes the first residents' meeting, the cost of organizing the meeting shall be borne by the owners and users of the apartment building.

6. Within thirty working days from the date of receipt of the application from the representative of the owners or the request document from the developer as stipulated in Clause 5 of this Article, the People's Committee at the commune level shall be responsible for organizing the first residents' meeting of the apartment building. The results of the first residents' meeting organized by the People's Committee at the commune level shall have the same effect as the meeting organized by the developer.

6. Article 16 is amended and supplemented as follows:

          “Article 16. Participants and Voting Procedures at the Residents' Meeting of Apartment Buildings

1. For apartment buildings or clusters of apartment buildings with one owner, the participants in the residents' meeting include representatives of the owner, users of the apartment building, and representatives of the People's Committee at the commune level where the apartment building is located.

2. For apartment buildings or clusters of apartment buildings with multiple owners, the participants in the residents' meeting are defined as follows:

a) In the case of organizing the first residents' meeting, the participants include representatives of the developer, representatives of the owners who have received the handover, representatives of the management unit of the apartment building (if any), and representatives of the People's Committee at the commune level are invited to attend.

b) In the case of organizing extraordinary meetings and annual meetings, the participants include representatives of the owners who have received the handover, representatives of the developer (if the developer still owns an area in the apartment building), representatives of the management unit (if the apartment building must hire a management unit), and representatives of the People's Committee at the commune level are invited to attend.

3. The voting rights at the residents' meeting of apartment buildings or clusters of apartment buildings are calculated according to the private ownership area of the owner of the apartment unit or other parts of the apartment building, based on the principle that 1 square meter of private ownership area is equivalent to 1 vote.² Each square meter of private ownership area is equivalent to one vote.

4. The owner of the apartment unit or other parts of the apartment building may authorize another owner in the same apartment building or the user of the apartment building to attend the meeting and represent them in voting at the residents' meeting.

For state-owned apartments (including both unoccupied and occupied apartments), the representative body of the owner attends the meeting and exercises the right to vote. If the representative body of the owner authorizes the user to participate in the meeting, the user of the apartment attends the meeting and votes at the residents' meeting for the area of the apartment they are using.

5. All decisions of the residents' meeting of apartment buildings or clusters of apartment buildings are passed by majority through voting or ballot; the content of the meeting must be recorded in minutes, signed by the chairperson and secretary of the meeting.

7. Clause 5 of Article 17 is amended and supplemented as follows:

"5. Members of the Management Board of the apartment building are responsible for performing tasks assigned in the Operation Regulations of the Management Board approved by the residents' meeting."

8. Clause 7 of Article 17 is amended and supplemented as follows:

"7. The remuneration of members of the Management Board of the apartment building is contributed by the owners and users of the apartment building according to the decision of the residents' meeting. The residents' meeting may refer to the minimum wage region as prescribed by the State to consider and decide on the appropriate remuneration corresponding to the responsibilities and obligations of the members of the Management Board based on specific conditions of each apartment building, cluster of apartment buildings, and locality, except in cases where members of the Management Board refuse to accept remuneration.

In case the apartment building has a management unit as prescribed by the Law on Housing and this Regulation, the owners and users of the apartment building are responsible for paying the remuneration through this unit to pay to the members of the Management Board; this amount does not need to be accounted for in the business activities of the management unit. If the apartment building does not have a management unit as prescribed by the Law on Housing and this Regulation, then this remuneration is collected and paid to each member by the Management Board of the apartment building."

          9. Clause 2, Article 19 shall be amended and supplemented as follows:

“2. Encourage members of the condominium management board to participate in courses for professional knowledge and skills training on managing and operating condominiums conducted by institutions that have been recognized by the Ministry of Construction to provide such training in accordance with regulations.”

          10. Clause 2, Article 22 shall be amended and supplemented as follows:

          “2. Within seven working days from the date of receiving complete application files from the condominium management board, the People's Committee at the district level shall be responsible for inspecting and issuing a Decision recognizing the management board or authorizing the People's Committee at the commune level where the condominium is located to inspect the files and issue a Decision recognizing the condominium management board.”

          11. Point e, Clause 3, Article 22 shall be added as follows:

          “e) Replacing a previous recognition Decision (if any).”

          12. Clause 4, Article 22 shall be amended and supplemented as follows:

“4. After the Decision recognizing the management board by the People's Committee at the district level or the People's Committee at the commune level, the recognized management board shall be responsible for establishing an operational account; in cases where there are multiple owners of the condominium, the management board must establish a maintenance fund management account in accordance with laws on housing, this Regulation, and register a seal according to the law on seal registration (the name of the condominium management board engraved on the seal must match the name of the recognized management board), except in cases where the management board already has a seal and an account established in accordance with regulations.”

13. Clause 5, Article 22 shall be added as follows:

“5. A condominium management board with a single owner may commence operations from the date of recognition by the People's Committee at the district level or the People's Committee at the commune level. A condominium management board with multiple owners may commence operations from the date when the seal is registered in accordance with the law and the accounts are established in accordance with this Regulation.

For a condominium management board with multiple owners who already have a seal and an account established in accordance with regulations and do not fall under the case of changing the name of the management board, they must submit a notification letter to the credit institution where the account was opened along with a certified copy of the recognition decision to carry out transactions with the credit institution in accordance with regulations.”

14. Point a, Clause 2, Article 24 shall be amended and supplemented as follows:

“a) The operation model of the management board; relationships among members of the management board, between the management board and the People's Committee at the commune level where the condominium is located, and related agencies and organizations during the management, use, and operation of the condominium.”

15. Clause 2, Article 25 shall be amended as follows:

          “2. For condominiums with multiple owners, the following proposals shall only be approved if at least 50% of the total number of members of the condominium management board or cluster management board agree:

          a) Proposal to change the management and operation unit;

          b) Decision to select the unit implementing maintenance;

          c) Proposal to change the service management and operation fee of the condominium;

          d) Proposals and requirements of the management board towards the developer during the management and use of the condominium;

          đ) Other cases decided by the condominium meeting.”

          16. Clause 3, Article 25 shall be amended as follows:

          “3. For decisions on spending the maintenance fund for common parts of condominiums with multiple owners, the voting procedure shall be as follows:

          a) In cases where the condominium management board decides on the maintenance of common parts of the condominium, at least 75% of the total number of management board members must agree;

          b) In cases where the cluster condominium management board decides on the maintenance of common parts of the entire cluster, at least 75% of the total number of cluster condominium management board members must agree; if only maintaining common parts of one or several buildings within the cluster, at least 75% of the total number of building management board members representing those buildings must agree.”

17. Point c, Clause 2, Article 36 shall be amended and supplemented as follows:

“c) The account holder for the maintenance fund of residential condominiums can be one member of the management board or multiple members of the management board as co-account holders.

The account holder for the maintenance fund of mixed-use condominiums must be at least three members of the management board as co-account holders, with the maximum number determined by the condominium meeting. These co-account holders must include at least one representative of apartment owners, one representative of other area owners (if any), one representative of the developer (if any), and additional members as decided by the condominium meeting (if any).

The term of deposit and the requirement for co-account holders for the maintenance fund stipulated in this Clause shall be specified in the financial income and expenditure regulation of the condominium management board adopted by the condominium meeting.”

18. Point b, Clause 4, Article 36 shall be amended and supplemented as follows:

"b) As for the portion of maintenance funds that the developer must pay for the office, service, and commercial areas' square footage, the developer shall transfer such funds according to the agreed ratio with the buyer or lessee stipulated in Clause 5, Article 108 of the Law on Housing to the account established by the Management Board as provided in Point a, Clause 3 of this Article for managing and maintaining the common property of the entire building; for the remaining portion of the funds, the developer may manage and use them in accordance with the provisions of Point c, Clause 3 of this Article."

The agreement on the contribution ratio of maintenance funds may refer to the principle of proportionality based on the percentage (%) of the constructed floor area of each functional zone within the residential building relative to the total constructed floor area of the residential building.

19. Clause 2 of Article 37 is supplemented as follows:

“2. The Management Board of the residential building must publicly announce at the residents' meeting information about the maintenance fund deposit account it has established, shall not change this account, and must periodically announce every six months on the bulletin board of the residential building regarding the expenditures from the maintenance fund deposits (if any). The use of maintenance funds for the common property of the residential building must comply with the provisions of the Law on Housing, this Regulation, and must be recorded in books, invoices, and vouchers as required for monitoring and management.”

20. Point k of Clause 1 of Article 41 is amended and supplemented as follows:

“k) The Management Board is responsible for coordinating with the People's Committee of the commune where the residential building is located in the implementation of its rights and responsibilities related to the management, use, and operation of the residential building in accordance with the Law on Housing and this Regulation; complying with decisions made by competent state agencies to resolve and handle issues, and implementing other rights and responsibilities as prescribed by law.”

21. Clause 5 of Article 45 is supplemented as follows:

“5. From the date this Circular takes effect, if the developer has not yet handed over the project files of the residential building, the handover of the project files of the residential building shall be carried out in accordance with the provisions of Point a, Clause 3 of Article 5 of this Regulation.”

22. Clause 2 of Article 48 is supplemented as follows:

“2. Decisions recognizing or authorizing the People's Committee of the commune where the residential building is located to recognize the Management Board of the residential building in accordance with this Regulation; receiving the handover of the project files of the residential building as stipulated in Point d, Clause 3 of Article 5 of this Regulation.”

23. Clause 2 of Article 49 is supplemented as follows:

“2. Coordinating with the Management Board of the residential building in the locality, supervising, inspecting, and resolving any arising issues in the management and use of the residential building within their authority, or reporting to the People's Committee of the district for consideration and resolution.”

24. Clause 4 of Article 49 is supplemented as follows:

“4. Organizing residents' meetings and attending the meetings of the residents' meetings in accordance with this Regulation; recognizing the Management Board of the residential building pursuant to the authorization of the People's Committee of the district.”

Replace the phrase "People's Committee of the district" in Point c, Clause 4 of Article 21, Clause 1 of Article 22, and Article 48 with the phrase "People's Committee of the commune," and replace the phrase "People's Committee of the ward" in Clause 5, Clause 6 of Article 14, Clause 5 of Article 15, Point b, Clause 1 of Article 39, and Article 49 with the phrase "People's Committee of the commune."

          Article 2. Amend and supplement some contents in Article 3 of Circular No. 28/2016/TT-BXD dated December 15, 2016, amending and supplementing some provisions of Circular No. 10/2015/TT-BXD dated December 30, 2015, issued by the Ministry of Construction on training and professional knowledge enhancement for the management and operation of residential buildings, Circular No. 11/2015/TT-BXD dated December 30, 2015, issued by the Ministry of Construction on issuing real estate brokerage certificates; guiding the training and professional knowledge enhancement for real estate brokerage, management of real estate trading floors, and some provisions of the Regulation on the management and use of residential buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016, of the Minister of Construction as follows:

1. Clause 1 is amended and supplemented as follows:

"2. A condominium building is an independent block or multiple blocks with shared construction structures or shared technical systems constructed according to planning and project files approved by competent authorities.

3. A condominium complex is a collection of two or more condominium buildings constructed according to planning and project files approved by competent authorities."

2. Clause 3 is amended as follows:

“c) The developer has ceased operations due to dissolution or bankruptcy.”

3. Clause 6 is supplemented as follows:

“1. For condominiums with multiple owners, members of the condominium management board must be owners who are currently using the condominium; in cases where the person currently using a unit or other area within the condominium is not the owner but has been authorized by the owner of the unit or other area to attend the condominium meeting, they may be elected as members of the condominium management board. It is encouraged for individuals with experience and knowledge in architecture, construction, electricity, electronics, fire prevention and firefighting, finance, and law to participate in the condominium management board.

For condominiums with a single owner, members of the condominium management board are representatives of the owner and persons currently using the condominium.”

4. Clause 7 is amended and supplemented as follows:

“1. The number of members of the condominium management board, condominium complex management board shall be decided by the condominium meeting based on the following principles:

a) For a building with only one independent block, there must be at least three members of the management board; in cases where the building has multiple blocks as stipulated in Clause 2, Article 3 of this Regulation, each block must have at least one member of the management board;

b) For a condominium complex, there must be a minimum of six members of the management board.”

5. Clause 8 is amended and supplemented as follows:

“Article 27. Units Implementing Management and Operation of Condominiums

1. The unit managing and operating condominiums can be the developer or another entity that meets the conditions regarding functions and capabilities as prescribed in Clause 2, Article 105 of the Law on Housing.

2. Before organizing the first condominium meeting, the developer is responsible for organizing the management and operation of the condominium. In cases where the condominium has elevators and the developer does not meet the conditions regarding functions and capabilities as prescribed in Clause 2, Article 105 of the Law on Housing, they must hire a unit that meets the conditions regarding functions and capabilities as prescribed to carry out the management and operation.

3. After organizing the first condominium meeting, the selection of units managing and operating condominiums shall be carried out as follows:

a) In cases where the condominium does not have elevators, the condominium meeting decides on self-management or hiring a unit that meets the conditions regarding functions and capabilities to manage and operate;

b) In cases where the condominium has elevators and the developer meets the conditions regarding functions and capabilities as prescribed in Clause 2, Article 105 of the Law on Housing and wishes to participate in management and operation, the condominium management board and the developer negotiate for the developer to continue signing a service management and operation contract for the condominium;

c) In cases where the condominium has elevators and the developer lacks the functions and capabilities or meets the conditions regarding functions and capabilities as prescribed in Clause 2, Article 105 of the Law on Housing but does not participate in management and operation or participates in management and operation but fails to meet the requirements agreed upon in the service contract, the condominium meeting decides to select another unit that meets the conditions regarding functions and capabilities to carry out management and operation.

4. Each condominium building shall have only one unit managing and operating the common property of the building. For a condominium complex, there may be one common unit managing and operating or multiple units managing and operating separately for each building according to the decision of the condominium complex meeting. If each building in the complex has its own managing and operating unit, the condominium complex management board will coordinate with these units to manage and operate the shared facilities and technical systems for the condominium complex.

5. The unit managing and operating the condominium may enter into contracts with service-providing enterprises to perform management and operation services for the condominium but must bear responsibility for the quality of service provided according to the content of the contract signed with the condominium management board.”

6. Clause 9 is amended as follows:

“Article 28. Publicizing Information about the Unit Managing and Operating Condominiums

1. In cases where the unit managing and operating the condominium wishes to publicize information about the unit on the Construction Department’s online portal where the unit managing and operating the condominium is headquartered or on the Portal of the Department of Housing Management and Real Estate Market for relevant agencies, organizations, and individuals to know, it shall send the information to be publicized (name of the unit, name and address of the legal representative, contact phone number) to the Construction Department where the unit managing and operating the condominium is headquartered or the Department of Housing Management and Real Estate Market for publication.

2. When there is a change in any of the information specified in Clause 1 of this Article or when ceasing operations, being dissolved, or declared bankrupt, the unit managing and operating the condominium shall notify the Construction Department where the unit managing and operating is headquartered or the Department of Housing Management and Real Estate Market to adjust or remove the information.

3. In cases where the agency publishing the information or the competent authority discovers during inspection or audit that the unit managing and operating has ceased operations, been dissolved, declared bankrupt, or no longer meets the conditions to manage and operate condominiums as prescribed, such unit shall be removed from the online portal of the agency where the information was published.”

7. Clause 4 is abolished.

Article 3. Implementation Provisions

1. This Circular shall take effect from January 1, 2020.

2. During implementation, if difficulties or obstacles arise, please promptly report to the Ministry of Construction for guidance or appropriate amendments and supplements./.