Circular No. 10/2015/TT-BXD on the training and professional development of specialized knowledge for the management and operation of apartment buildings

CIRCULAR

Provisions on training and enhancing professional knowledge

 in management and operation of apartment buildingsconcerning the classification and determination of state management authority in the field of crop production

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Pursuant to the Law on HousingNo. 65/2014/QH13;

Pursuant to Decree No. 62/2013/ND-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;1Pursuant to Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing certain provisions of the Law on Prevention of Natural Disasters;

Article1of the Law on Prevention of Natural Disasters;No. Considering the proposal of the Director of the Department of Housing Management and Real Estate Market;June 2024;fire prevention and fightingJune 2024;The Minister of Construction issues this Circular on training and enhancing professional knowledge in management and operation of apartment buildings.

WHEREAS, Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

This Circular stipulates the training and enhancement of professional knowledge in management and operation of apartment buildings for individuals involved in the management and operation of apartment buildings, members of the Apartment Building Management Board, and related individuals and organizations.

1. Staff working in specialized departments of units managing and operating apartment buildings as prescribed in Article 105 of the Law on Housing No. 65/2014/QH13 dated November 25, 2014.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Members of the Apartment Building Management Board.

Article 2. Applicability

3. Training institutions for professional knowledge in management and operation of apartment buildings.

4. Other individuals with relevant needs.

In this Circular, the following terms shall be understood as follows:

Management and operation of apartment buildings

Article 3. Explanation of Terms

refers to the control and maintenance of the operation of technical equipment systems, security and safety services, environmental sanitation, risk management, and guidance on the use of apartment buildings for owners and users of apartment buildings.

1. Article 24Training institution for professional knowledge in management and operation of apartment buildings reason refers to an organization recognized by the Ministry of Construction as meeting the conditions for training and enhancing professional knowledge in management and operation of apartment buildings under this Circular (hereinafter referred to as the training institution). Training and enhancement of professional knowledge in management and operation of apartment buildings

2. refers to activities aimed at enhancing legal knowledge related to apartment buildings and training in the management, use, and operation of technical equipment systems of apartment buildings (including electrical, water supply, ventilation, fire prevention and extinguishing, elevators, escalators, environmental sanitation systems), security and safety, and risk management during the use of apartment buildings. Trainee

3. refers to individuals participating in courses on professional knowledge in management and operation of apartment buildings as prescribed in this Circular. lCertificate of completion of training and enhancement of professional knowledge in management and operation of apartment buildings refers to the certificate issued by the training institution recognized by the Ministry of Construction to trainees upon completion of the course on professional knowledge in management and operation of apartment buildings as prescribed in this Circular (hereinafter referred to as the Certificate of Completion of Training).

4. Member of the Apartment Building Management Board refers to the owner or user of an apartment building elected by the Apartment Building Meeting to participate in the Apartment Building Management Board according to the Regulations on Management and Use of Apartment Buildings issued by the Ministry of Construction.

5. Unit managing and operating apartment buildings refers to enterprises, cooperatives, or organizations with the function and capacity to manage and operate apartment buildings as prescribed by laws on housing.

6. Instructor refers to a lecturer within the staff of the training institution recognized by the Ministry of Construction as meeting the conditions for training and enhancing professional knowledge in management and operation of apartment buildings.

7. Unit managing and operating condominium buildings are enterprises, cooperatives, or organizations with the function and capacity to manage and operate condominium buildings in accordance with the laws on housing.

8. is a full-time lecturer of the sending institution who meets the provisions set out in point e, Clause 1, Article 10 of Decree No. 99/2019/NĐ-CP dated December 30, 2019 of the Government detailing and guiding the implementation of certain articles of the Law Amending and Supplementing Certain Provisions of the Higher Education Law. is a lecturer within the staff of an educational institution recognized by the Ministry of Construction as meeting the conditions for training and enhancing specialized knowledge and management skills for condominium buildings.

Chapter II

CONDITIONS AND DOCUMENTS FOR RECOGNITION OF TRAINING INSTITUTIONS

Article 4. Conditions for Recognition of Training Institutions

An organization meeting the following conditions shall be recognized by the Ministry of Construction as a training institution for professional knowledge and management operation skills of apartment buildings:

1. Having vocational education functions or higher education at college, university, and postgraduate levels as prescribed by law.

2. Having material facilities serving training as follows:

a) Having classrooms ensuring a minimum usable area of 1.5 m² per student and having means and equipment to meet teaching and learning requirements;

b) Having practical training sites that comply with the curriculum at apartment buildings already put into use and managed by the operating units.

3. Having a department managing training activities and a person responsible for organizing training and professional knowledge enhancement in management operations of apartment buildings.

4. Having textbooks or teaching materials consistent with the framework program as stipulated in Chapter III of this Circular.

5. Having at least 40% of full-time lecturers out of the total number of registered lecturers as prescribed in Article 6 of this Circular.

Article 5. Documents for Requesting Recognition of Training Institutions

1. A letter requesting the Ministry of Construction to recognize the eligibility to train and improve professional knowledge for management and operation of apartment buildings according to the model provided in Appendix No. 01 attached to this Circular.

1. A request letter for the Ministry of Construction to recognize the conditions for training and professional knowledge enhancement in management operations of apartment buildings according to the model prescribed in Appendix No. 01 issued together with this Circular.

2. A certified copy of business registration papers or establishment decision indicating the function as prescribed in Clause 1, Article 4 of this Circular.

3. A certified copy of papers proving ownership, management, usage rights, or lease contracts for material facilities serving theoretical training with a minimum duration of one year; practical training contracts or cooperation agreements at apartment buildings already put into use and managed by operating units.

4. Decision on establishing the department managing training activities and appointment or assignment letters for persons responsible for organizing training and professional knowledge enhancement in management operations of apartment buildings.

5. Textbooks or teaching materials as prescribed in Clause 4, Article 4 of this Circular accompanied by at least three test question sets.

6. Training regulations issued by the training institution, specifying detailed admission conditions, duration of each course, number of lectures, lecture hours for each lecture (including those not mandatory under this Circular), final examination procedures, evaluation criteria, classification of learning outcomes, conditions for obtaining a completion certificate applicable to each subject group as prescribed in Clause 1 and Clause 2, Article 2 of this Circular, and two sample certificates to be issued to students.

7. List of lecturers participating in teaching according to the model prescribed in Appendix No. 02 issued together with this Circular and individual lecturer files, including:

a) Certified copies of bachelor's or higher degree diplomas;

b) Experience declaration forms according to the model prescribed in Appendix No. 03 issued together with this Circular;

c) Certified copies of labor contracts or appointment decisions for lecturers; in case of full-time lecturers, they must also provide certified copies of social insurance books paid by the training institution.

Article 6. Requirements for lecturers participating in teaching specialized knowledge and management operations of apartment buildings at training institutions

1. Lecturers participating in teaching specialized knowledge and management operations of apartment buildings must be graduates with a bachelor's degree or higher, suitable for the teaching topics specified in Clause 2 of this Article, and have at least three years of relevant work experience; in cases where they hold a bachelor's degree or higher but are not suitable for the teaching topics, they must have at least five years of relevant work experience.

2. The requirements for lecturers stipulated in Clause 1 of this Article are as follows:

a) For lecturers participating in teaching the foundational knowledge section as prescribed in Article 8 of this Circular, they must be graduates with a bachelor's degree or higher in one of the following majors: law, business administration, construction, or real estate;

b) For lecturers teaching the topics prescribed in Article 9 of this Circular, the following requirements must be met:

- In the case of teaching Topic 1, they must be graduates with a bachelor's degree or higher in one of the following fields: business administration, business management, law, architecture, construction, or real estate;

- In the case of teaching Topic 2, they must be graduates with a bachelor's degree or higher in electrical engineering, mechanical engineering, or water supply and drainage;

- In the case of teaching Topic 3, they must be graduates with a bachelor's degree or higher in fire prevention and firefighting, security, or police;

- In the case of teaching Topic 4, they must be graduates with a bachelor's degree or higher in mechanical engineering, electrical and electronic engineering technology, or automation;

- In the case of teaching Topic 5, they must be graduates with a bachelor's degree or higher in environmental engineering technology, water supply and drainage, urban planning, urban management, and construction;

- In the case of teaching Topic 6, they must be graduates with a bachelor's degree or higher in business management, business administration, urban management and construction, insurance, law, security, or police.

3. Each lecture or topic prescribed in Articles 8 and 9 of this Circular must have at least two lecturers meeting the requirements set forth in Clauses 1 and 2 of this Article to participate in registering for teaching.

Article 7. Procedures and formalities for recognizing training institutions

1. The procedures and formalities for recognizing institutions that meet the conditions for training and providing specialized knowledge and management operations of apartment buildings are as follows:

a) Organizations wishing to train shall submit one set of documents as prescribed in Article 5 of this Circular to the Ministry of Construction (the competent body being the Department of Housing Management and Real Estate Market);

b) Within twenty days from the date of receiving complete documents as prescribed in Article 5 of this Circular, the agency responsible for receiving and processing the documents shall inspect them; if the conditions are met, it shall report to the Ministry of Construction to issue a decision recognizing the institution as qualified for training and providing specialized knowledge and management operations of apartment buildings. In necessary cases, the agency may directly inspect or request the Construction Department of the locality where the training institution plans to organize training to inspect the conditions as prescribed in Article 4 of this Circular.

2. The recognition decision for training institutions shall be issued according to the model prescribed in Appendix No. 04 attached to this Circular and shall be valid for a period of five years; the Department of Housing Management and Real Estate Market must send this Decision to the training institution, the Construction Department of the locality organizing training, and publicly post it on the Ministry of Construction’s website and the Department of Housing Management and Real Estate Market’s website within five days from the date of signing the Decision; six months before the end of the permitted training period, if the training institution wishes to continue training, it must submit the documents as prescribed in Article 5 of this Circular to be recognized by the Ministry of Construction.

3. In cases where, after being recognized by the Ministry of Construction, the training institution proposes changes or additions to the training location or changes or adds lecturers participating in training, the following provisions shall apply:

a) In cases of changing or adding a training location, the training institution must submit a letter along with a certified copy of the ownership certificate or lease agreement for the location and a certified copy of the Ministry of Construction’s recognition decision to the Department of Housing Management and Real Estate Market for approval;

b) In cases of changing or adding lecturers, the training institution must submit a letter along with lecturer documents as prescribed in Clause 7 of Article 5 of this Circular to the Department of Housing Management and Real Estate Market for approval;

c) Approval for changes or additions as prescribed in Points a and b of this Clause shall be completed within ten days from the date of receiving valid documents; in necessary cases requiring inspection of the conditions as prescribed in Point a of this Clause, the approval period shall not exceed thirty days from the date of receiving valid documents. The content of the approval allowing changes or additions shall be posted on the Ministry of Construction’s website and the Department of Housing Management and Real Estate Market’s website.

Chapter III

PROGRAM FRAMEWORK FOR TRAINING AND ENHANCING SPECIALIZED KNOWLEDGE IN THE MANAGEMENT AND OPERATION OF APARTMENT BUILDINGS

CONDOMINIUM BUILDING MANAGEMENT AND OPERATING BUSINESS OPERATIONS

Article 8. On foundational knowledge

The foundational knowledge section has a total duration of 12 hours, including the following two lectures:

1. Lecture on housing laws; land, civil, and construction laws related to apartment buildings (8 hours).

2. Lecture on the basic contents of laws governing the management and use of apartment buildings (4 hours).

Article 9. On specialized knowledge and management operations for apartment buildings

1. The mandatory theoretical study section has a total duration of 44 hours, including the following six topics:

a) Topic 1: Management practices for the use of apartment buildings (8 hours);

b) Topic 2: Management and operation of electrical systems, water supply and drainage, ventilation-heating systems in apartment buildings (12 hours);

c) Topic 3: Management and operation of fire prevention and firefighting systems (hereinafter referred to as PCCC) in apartment buildings (8 hours);

d) Topic 4: Management and operation of elevators and escalators in apartment buildings (8 hours);

đ) Topic 5: Management of environmental sanitation, landscaping in apartment buildings and wastewater treatment (4 hours);

e) Topic 6: Risk management, security management, and disaster response in apartment buildings (4 hours).

2. In addition to the six topics specified in Clause 1 of this Article, training institutions may supplement additional training topics based on the needs of students.

3. The survey and practical section has a total duration of 12 hours, including the following contents:

a) Survey of actual management and operation activities of apartment buildings at locations registered in the application for recognition of training institutions as stipulated in Clause 3 of Article 5 of this Circular;

b) Practical exercises in security, safety, reception, environmental sanitation, fire prevention and firefighting, rescue operations, and software operation for managing apartment buildings;

c) Other practical sections related to apartment buildings based on the needs of students;

d) After completing the survey and practical exercises, students must write a report including the following contents: regulations on cooperation between relevant organizations and individuals in the management and operation of apartment buildings; evaluation of security, safety, PCCC, and environmental sanitation practices in the surveyed apartment building.

Article 10. Outline of foundational knowledge lectures

1. For the lecture specified in Clause 1 of Article 8 of this Circular, it must include the following contents:

a) General provisions of housing laws related to apartment buildings;

b) Provisions related to investment construction, renovation, and maintenance of apartment buildings;

c) Provisions related to land use rights and ownership of apartment buildings;

d) Provisions related to real estate transactions, service management contracts for apartment buildings, and maintenance contracts for apartment buildings.

2. For the lecture specified in Clause 2 of Article 8 of this Circular, it must include the following contents:

a) Provisions of housing laws on the management and use of apartment buildings;

b) Contents of the regulations on the management and use of apartment buildings.

3. In addition to the contents specified in Clauses 1 and 2 of this Article, training institutions may supplement other related contents based on the needs of students.

Article 11. Outline of specialized knowledge and management operation topicsconcerning the classification and determination of state management authority in the field of crop production

1. The outline of Topic 1 includes the following contents:

a) Models of management and operation of apartment buildings and methods, contents of coordination among relevant organizations and individuals in the management and operation of apartment buildings;

b) Management of common area usage and common equipment usage;

c) Management of entry and exit, noise, security, and sanitation in the apartment building area;

d) Guidance on using public services of apartment buildings and receiving, processing feedback from users to improve public service quality;

đ) Procedures for receiving and managing handover of materials and equipment of apartment buildings;

e) Service practices, 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 user psychology;

g) Other issues related to the needs of students.

2. The outline of Topic 2 includes the following contents:

a) Management and operation, maintenance of electrical systems, alarm systems, lightning protection systems (specifying location, operating principle, maintenance and repair principles, and technical issue handling during operation);

b) Management and operation, maintenance of water supply and drainage systems inside and outside apartment buildings (specifying location, operating principle, maintenance and repair principles, and technical issue handling during operation);

c) Management and operation, maintenance of ventilation, heating, and air conditioning systems in apartment buildings (specifying location, operating principle, maintenance and repair principles, and technical issue handling during operation);

d) Responsibilities and coordination mechanisms between the management and operation unit of apartment buildings and the developer, the Apartment Building Management Board, local authorities, and equipment suppliers;

đ) Other issues related to the needs of students.

3. The outline of Topic 3 includes the following contents:

a) Management and operation of fire prevention and firefighting equipment and on-site rescue operations (specifying location, operating principle, maintenance and repair principles, and technical issue handling during operation);

b) Responsibilities and coordination mechanisms between the management and operation unit of apartment buildings and the developer, the Apartment Building Management Board, local authorities, and fire prevention and firefighting agencies;

c) Other issues related to the needs of students.

4. The outline of Topic 4 includes the following contents:

a) Management and operation of elevator and escalator systems in apartment buildings (specifying operating principle, maintenance and repair principles, and technical issue handling during operation);

b) Responsibilities and coordination mechanisms between the management and operation unit of apartment buildings and the developer, the Apartment Building Management Board, local authorities, and elevator and escalator suppliers;

c) Other issues related to the needs of students.

5. The outline of Topic 5 includes the following contents:

a) Practices in managing sanitation and the environment in apartment buildings;

b) Management of the operation of the waste treatment and sewage system in apartment buildings (describe the main structure, operating principle, maintenance and repair principles of the system, and technical issue handling during operation);

c) Pest control procedures and greenery care;

d) Responsibilities and coordination mechanisms between the management and operation unit of apartment buildings with the project investors, the Building Management Board, local authorities, and urban environmental management agencies;

đ) Other issues related to the needs of students.

6. The outline of Special Topic 6 includes the following contents:

a) Risk management in apartment buildings (list types of risks in the management and operation of apartment buildings, risk assessment and ranking, and risk control organization), insurance policies to mitigate apartment building risks and types of insurance contracts;

b) Security control organization inside and outside apartment buildings (describe the process of controlling people and transportation vehicles, and patrol procedures inside and outside apartment buildings);

c) Knowledge and skills related to occupational safety, fire prevention and fighting planning, rescue operations, and disaster response at apartment buildings;

d) Other relevant issues based on the needs of trainees;

Chapter IV

ORGANIZATION OF TRAINING, INSPECTION AND ISSUANCE OF CERTIFICATES COMPLETION OF TRAINING PROGRAM

Article 12. Training and professional knowledge enhancement targets for managing and operating apartment buildings

1. For the subjects specified in Clause 1, Article 2 of this Circular, they must study the entire program stipulated in Articles 10 and 11 of this Circular.

2. For the subjects specified in Clause 2, Article 2 of this Circular, in addition to the requirement to study the knowledge stipulated in Article 10 and Points a and b of Clause 1, Article 11 of this Circular (with 14 sessions), they must also study the following additional knowledge:

a) Basic contents of service management and operation contracts and maintenance contracts for apartment buildings; classification of disputes and jurisdiction for resolving disputes in service management and operation contracts and maintenance contracts for apartment buildings (04 sessions);

b) Legal consequences that may occur in case of disputes in service management and operation contracts and maintenance contracts for apartment buildings (02 sessions);

c) Basic knowledge about apartment building files and drawings, including file contents and determination of relevant drawings for apartment buildings (02 sessions);

d) Other relevant issues based on the needs of trainees;

Article 13. Principles for organizing training and professional knowledge enhancement for managing and operating apartment buildings

1. Only training institutions recognized by the Ministry of Construction according to Article 7 of this Circular are permitted to organize training and professional knowledge enhancement for managing and operating apartment buildings.

2. Training and professional knowledge enhancement for managing and operating apartment buildings must comply with the following regulations:

a) Within five days before the commencement of the course, the training institution must send a written notice to the Construction Department where the course is organized, informing about the time, location, schedule, list of lecturers teaching the course for each subject specified in Clauses 1 and 2, Article 2 of this Circular, and the final examination schedule;

b) The training organization must be conducted at the designated location, according to the prescribed curriculum, and using lecturers approved by the Ministry of Construction as stipulated in this Circular. Each session must have a teaching logbook signed by the participating lecturer;

c) For trainees under the provisions of Clause 1, Article 2 of this Circular, after completing theoretical training, they must participate in surveys, practical exercises, write reports on practical results as stipulated in Clause 3, Article 9 of this Circular, and must take the final course examination as stipulated in Article 14 of this Circular. After obtaining the final course examination results, the head of the training institution must establish a Committee to evaluate the learning outcomes and record them on the Certificate of Completion of the Training Course;

d) For trainees under the provisions of Clause 2, Article 2 of this Circular, after completing the course as stipulated in Clause 2, Article 12 of this Circular, they will be issued a Certificate of Completion of the Training Course.

Article 14. Final Course Examination

1. Students falling within the scope defined in Clause 1, Article 2 of this Circular shall be eligible to participate in the final course examination upon meeting the following conditions:

a) Having attended at least 80% of the theoretical lecture hours;

b) Having fully participated in the survey, practical sessions, and submitted a report as required under Clause 3, Article 9 of this Circular.

2. In cases where students must suspend or temporarily halt their course, they must complete the remaining topics according to the provisions of this Circular before participating in the final course examination.

3. The final course examination will be conducted in either multiple-choice format or a combination of multiple-choice and essay questions for a duration of 90 minutes. Grading of the examination papers must be carried out by instructors who have participated in teaching the course.

4. If a student fails to achieve the required results as stipulated by the training regulations, the training institution must organize a re-examination.

5. Based on the training schedule announced by the training institution in accordance with Point a, Clause 2, Article 13 of this Circular, the Construction Department organizing the course may dispatch staff to monitor the training and final course examination of the training institution.

Article 15. Certificate of Completion of Training Course

1. Issuance of the Certificate of Completion of Training Course shall be carried out as follows:

a) For students falling within the scope defined in Clause 1, Article 2 of this Circular, after passing the examination and being assessed by the Evaluation Board as having met the requirements, they shall be issued the Certificate of Completion of Training Course in the form prescribed in Appendix No. 05 attached to this Circular within a maximum period of 15 days from the date of the examination;

b) For students falling within the scope defined in Clause 2, Article 2 of this Circular, after completing the number of lecture hours specified in Clause 2, Article 12 of this Circular, they shall be issued the Certificate of Knowledge Enhancement for Management and Use of Apartment Buildings for Members of the Building Management Committee in the form prescribed in Appendix No. 06 attached to this Circular within a maximum period of 15 days from the end of the course;

c) Students falling within the scope defined in both Clause 1 and Clause 2, Article 2 of this Circular, if they comply with the training and examination regulations applicable to both categories and have such a need, shall be issued two certificates as prescribed in Points a and b of this Clause.

2. Printing, management, and issuance of the Certificate of Completion of Training Course for the subjects defined in Clause 1 of this Article shall be carried out by the training institution in accordance with the law.

3. The Certificate of Completion of Training Course is valid for a period of five years from the date of signature; when the Certificate of Completion of Training Course expires, students must attend supplementary courses on knowledge that has changed compared to the framework program prescribed in Chapter III of this Circular to obtain a new Certificate of Completion of Training Course in accordance with this Circular.

4. Within five days from the date of issuance of the Certificate of Completion of Training Course, the training institution must submit a report on the training results to the Construction Department organizing the course and the Ministry of Construction in the form prescribed in Appendix No. 07 attached to this Circular.

Article 16. Issuance of Replacement or Reissue of Certificate of Completion of Training Course

1. In cases where the Certificate of Completion of Training Course is still valid but damaged or torn, the holder shall submit a request for replacement along with two (2) photographs (3x4) and the original certificate to the training institution to obtain a new certificate; the training institution shall mark "replacement" on the Certificate of Completion of Training Course.

2. In cases where the Certificate of Completion of Training Course is still valid but lost, the holder shall submit a request for reissue along with two (2) photographs (3x4) to the training institution to obtain a new certificate; the training institution shall mark "reissue" on the Certificate of Completion of Training Course.

3. Within ten (10) days from the date of receipt of all required documents as stipulated in Clause 1 and Clause 2 of this Article, the training institution that initially issued the certificate shall, based on the stored records, issue a replacement or reissue of the Certificate of Completion of Training Course for the applicant. The validity period of the reissued or replaced certificate shall be the remaining period of the original certificate that was lost or damaged.

4. In cases where the training institution has been dissolved or ceased operations, the applicant requesting replacement or reissue of the Certificate of Completion of Training Course shall submit a request along with the required documents as stipulated in Clause 1 and Clause 2 of this Article to the Department of Housing Management and Real Estate Market to designate a training institution to issue a replacement or reissue of the certificate.

5. The cost of issuing a replacement or reissue of the Certificate of Completion of Training Course shall be borne by the applicant at the same rate as the cost of issuing a new certificate.

Article 17. Preservation of Training Course Records

1. The training institution is responsible for establishing training course records in accordance with Clause 2 of this Article for preservation, serving management and inspection work by competent authorities.

2. The training course records include:

a) List of participants in each training course and list of those who have received the Certificate of Completion of Training Course for each course;

b) Teaching logbook as prescribed in Point b Clause 2 Article 13 of this Circular;

c) List of lecturers participating in teaching each registered training course;

d) Set of textbooks and teaching materials;

đ) Register for issuance of new certificates, replacements, and reissues of Certificates of Completion of Training Courses;

e) For subjects specified in Clause 1 Article 2 of this Circular, a report on outcomes, final examination papers (including retake examinations if applicable), and evaluation results of the Examination Committee must also be attached.

3. The retention period for records as stipulated in Clause 2 of this Article shall be carried out in accordance with legal provisions on recordkeeping.

Chapter V

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 18. Organization of Inspection and Audit of Training Institutions

1. The Department of Housing Management and Real Estate Market is responsible for organizing regular or surprise inspections of training activities and professional knowledge enhancement for the management and operation of apartment buildings conducted by training institutions recognized by the Ministry of Construction throughout the country.

2. The Construction Departments are responsible for organizing regular or surprise inspections or inspections upon request of the Department of Housing Management and Real Estate Market of training activities and professional knowledge enhancement for the management and operation of apartment buildings conducted by training institutions recognized by the Ministry of Construction within their respective jurisdictions.

3. Competent authorities responsible for housing inspections shall conduct audits of training activities and professional knowledge enhancement for the management and operation of apartment buildings conducted by training institutions recognized by the Ministry of Construction in accordance with legal provisions.

Article 19. Violations in training and professional development activities for managing and operating condominium buildings

1. Leasing or lending legal entity status to conduct training.

2. Conducting training at locations other than those specified in the Decision recognizing the training institution or conducting training beyond the permitted period stated in such Decision or approval document as prescribed in this Circular.

3. Using instructors not registered with the Ministry of Construction; conducting training without maintaining teaching logs; using teaching materials that do not align with the framework program stipulated in Chapter III of this Circular.

4. Conducting training and professional development for managing and operating condominium buildings without recognition from the Ministry of Construction.

5. Teaching less than the required course duration as stipulated in Chapter III of this Circular.

6. Issuing Certificates of Completion of Training Courses not in accordance with the provisions of this Circular.

7. Failing to retain training records; failing to report on training activities to the competent authority as prescribed in this Circular.

Article 20. Handling Violations

1. The handling of violations as stipulated in Article 19 of this Circular shall be regulated as follows:

a) A training organization committing any of the violations stipulated in Clauses 1, 2, or 3 of Article 19 of this Circular shall have its training suspended for a period of one year from the date the violation was discovered. In cases where a second or subsequent violation occurs under Clauses 1, 2, and 3 of Article 19 of this Circular, the training shall be permanently discontinued and removed from the Ministry of Construction's and the Department of Housing Management and Real Estate Market's online portal; the head of the training institution and individuals involved may be subject to administrative penalties or criminal prosecution depending on the severity of the violation as prescribed by law; if damage is caused, compensation must be provided.

b) A training organization committing any of the violations stipulated in Clauses 4, 5, or 6 of Article 19 of this Circular shall have their training results not recognized and shall be publicly announced on the Ministry of Construction's and the Department of Housing Management and Real Estate Market's online portal regarding the training course with violations and certificates issued for that course.

c) A training organization committing the violation stipulated in Clause 7 of Article 19 of this Circular shall be required to supplement missing records or submit missing reports as prescribed; if they fail to supplement records or submit reports as prescribed in this Circular, the value of the Certificate of Completion of the training course with violations will not be recognized.

2. Training institutions committing violations as stipulated in Article 19 of this Circular, in addition to being handled according to the provisions of Clause 1 of this Article, shall also be subject to administrative penalties as prescribed by law.

3. The authority to handle violations as stipulated in Clause 1 of this Article shall be regulated as follows:

a) The Ministry of Construction shall implement temporary suspension or permanent cessation of training and professional development activities for managing and operating condominium buildings for training institutions committing violations stipulated in Clauses 1, 2, and 3 of Article 19 of this Circular.

b) The Department of Housing Management and Real Estate Market shall implement non-recognition of training and professional development results for managing and operating condominium buildings for training institutions committing violations stipulated in Clauses 4, 5, 6, and 7 of Article 19 of this Circular.

Chapter VI

IMPLEMENTATION

Article 21. Transitional Provisions

1. Within six months from the effective date of this Circular, training institutions recognized by the Ministry of Construction as meeting the conditions for training under Circular No. 14/2011/TT-BXD dated November 25, 2011, concerning training and professional development activities for managing and operating condominium buildings (hereinafter referred to as Circular No. 14/2011/TT-BXD), must complete the necessary documentation to be recognized as a training institution under this Circular; if these training institutions fail to submit the required documentation within the time limit stipulated in this Clause, they shall not be allowed to organize training and professional development activities for managing and operating condominium buildings and shall be removed from the Ministry of Construction's and the Department of Housing Management and Real Estate Market's online portal.

2. Certificates of Completion of Training Courses issued in accordance with Circular No. 14/2011/TT-BXD shall remain valid for five years from the effective date of this Circular; in cases where certificates are damaged, torn, or lost, they shall be replaced or reissued in accordance with this Circular.

3. If, on the effective date of this Circular, training and professional development courses for managing and operating condominium buildings as stipulated in Circular No. 14/2011/TT-BXD have not yet concluded, the training institution may continue to conduct training in accordance with Circular No. 14/2011/TT-BXD (except in cases where the training institution requests additional knowledge as stipulated in this Circular); the issuance of Certificates of Completion of Training Courses shall be carried out in accordance with this Circular.

4. If, on the effective date of this Circular, trainees have completed training courses as stipulated in Circular No. 14/2011/TT-BXD but have not yet received Certificates of Completion of Training Courses, certificates shall be issued in accordance with this Circular.

Article 22. Responsibilities of the People's Committees of provinces and centrally governed cities and the Construction Departments

1. The People's Committees of provinces and centrally governed cities shall be responsible for directing the competent agencies at the local level to organize inspections and checks on the training and professional development activities related to the management and operation of apartment buildings conducted by training institutions within their jurisdiction in accordance with this Circular; handle violations within their authority or refer cases of violations to competent authorities for handling in accordance with this Circular.

2. The Construction Departments shall assist the People's Committees of provinces and centrally governed cities in performing state management functions over the training and professional development activities related to the management and operation of apartment buildings conducted by training institutions within their jurisdiction; compile and submit reports on the training situation of such institutions within their jurisdiction to the Ministry of Construction on a six-monthly, annual, or ad hoc basis as required according to the model specified in Appendix No. 08 issued together with this Circular.

Article 23. Responsibilities of the Department of Housing Management and Real Estate Market

1. Receive applications for recognition of institutions meeting the conditions for conducting training and professional development activities related to the management and operation of apartment buildings and report to the Ministry of Construction for decisions on recognition in accordance with this Circular.

2. Receive, review, and process requests for changes and supplements after the Ministry of Construction has made decisions on recognition.

3. Guide, urge, inspect the training and professional development activities related to the management and operation of apartment buildings conducted by training institutions nationwide, and handle violations within their authority.

4. Coordinate with the Information Center of the Ministry of Construction to publish lists of recognized training institutions (including changes and supplements to locations and lecturers), remove names of training institutions, and publicly disclose information about training institutions and individuals who have been penalized on the Ministry of Construction’s electronic portal.

5. Publish information as stipulated in Clause 4 of this Article on the electronic portal of the Department of Housing Management and Real Estate Market.

6. Compile and report on the implementation of this Circular on a regular basis and propose amendments and supplements for consideration and decision by the Minister of Construction.

7. Perform other tasks assigned by the Minister of Construction.

Article 24. Responsibilities of Training Institutions

1. Conduct training in accordance with the provisions of this Circular.

2. Report on training and professional development activities related to the management and operation of apartment buildings in accordance with the provisions of this Circular.

3. Notify trainees who have received Certificates of Completion that the certificates are valid in accordance with the provisions of Circular No. 14/2011/TT-BXD regarding the validity period of certificates as stipulated in this Circular.

4. Comply with decisions on handling violations made by competent authorities in accordance with this Circular and relevant laws.

5. Implement other provisions of this Circular and relevant laws.

Article 25. Implementation Provisions

1. This Circular takes effect from February 15, 2016.

2. Circular No. 14/2011/TT-BXD dated November 25, 2011 of the Minister of Construction on the activities of training and professional development related to the management and operation of apartment buildings shall cease to be effective from the date this Circular takes effect.

During implementation, if there are any difficulties, please reflect them to the Ministry of Construction for resolution or amendment and supplementation as appropriate./.