Circular No. 14/2008/TT-BXD on guiding the classification of apartment buildings

CIRCULAR

Guidelines for Classifying Apartment Buildings

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WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 90/2006/NĐ-CP dated September 6, 2006, of the Government detailing and guiding the implementation of the Law on Housing;

Pursuant to Decree No. 153/2007/NĐ-CP dated October 15, 2007 of the Government detailing and guiding the implementation of the Law on Real Estate Business;

Based on the National Technical Regulations on Urban Planning (QCVN 01: 2008/BXD) and Design Standards (TCXD 323: 2004);

Based on practical needs and contributing to creating conditions for state management agencies, organizations, and individuals to classify apartment buildings when participating in real estate transactions, the Ministry of Construction guides the criteria for classifying the quality of use of apartment buildings as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. This Circular guides the criteria for evaluating and classifying the quality of use of apartment buildings for developers (owners) of apartment buildings to self-implement before participating in real estate trading platforms.

Article 2. Apartment buildings that are classified must comply with current design and technical standards; detailed urban planning approved by competent state authorities; requirements for each category of apartment building are stipulated in Section II of this Circular.

Article 3. The evaluation and classification of apartment buildings shall be carried out after the project and basic design, construction technical design have been approved by the competent authority; it shall be conducted for each independent apartment building (consisting of one or more contiguous units forming a single block). After the completion acceptance handover according to the laws on construction, the evaluation and classification must still meet the criteria of this Circular.

Article 4. Scope of application: organizations and individuals who are investors in real estate projects involving the construction of apartment buildings for business purposes; organizations and individuals who have a need to purchase, lease, or lease-purchase apartments in new urban area projects and commercial housing development projects; organizations and individuals involved in real estate service business activities; organizations and individuals related to the management and development of apartment buildings in new urban area projects and commercial housing development projects. This Circular does not apply to apartment buildings that are public service housing or social housing constructed by the State or economic sectors.

Chapter II. CRITERIA FOR CLASSIFYING APARTMENT BUILDINGS

Article 1. Apartment buildings are evaluated and classified based on the following groups of criteria:

a) Group of criteria on planning and architecture;

b) Group of criteria on technical infrastructure and social infrastructure;

c) Group of criteria on quality of completion and equipment attached to apartment buildings;

d) Group of criteria on the quality of management and use services for apartment buildings.

Article 2. Requirements for each category of apartment building

Article 2.1. Apartment buildings are classified into the following categories:

a) Category 1 apartment buildings (high-end) are the highest quality category; ensuring requirements for planning, architecture, technical infrastructure, social infrastructure, quality of completion, equipment, and service provision conditions reach perfection;

b) Category 2 apartment buildings are a high-quality category; ensuring requirements for planning, architecture, technical infrastructure, social infrastructure, quality of completion, equipment, and service provision conditions reach a relatively perfect level;

c) Category 3 apartment buildings are a fairly high-quality category; ensuring requirements for planning, architecture, technical infrastructure, social infrastructure, quality of completion, equipment, and service provision conditions reach a good level;

d) Category 4 apartment buildings are a medium-quality category; ensuring requirements for planning, architecture, technical infrastructure, social infrastructure, quality of completion, equipment, and service provision conditions meet standards and are sufficient for operation and use.

Article 2.2. Specific requirements for each category of apartment building are specified in the annex attached hereto.

III. IMPLEMENTATION

Article 1. Provincial People's Committees are responsible for directing relevant functional agencies to implement, urge, and inspect the implementation of this Circular at the local level.

Article 2. The Department of Housing Management and Real Estate Market is responsible for leading and coordinating with relevant central and local functional agencies to guide and implement; regularly organizing inspections and urging implementation.

Article 3. Organizations and individuals violating the provisions of this Circular shall bear responsibility according to the law depending on the severity; if material damage is caused, compensation must be provided. Disputes regarding housing transaction contracts related to the classification of apartment buildings shall be resolved through mediation; if mediation fails, they shall be resolved according to civil law regulations.

Chapter IV. EFFECTIVE DATE OF IMPLEMENTATION

Article 1. This Circular takes effect fifteen days from the date of publication in the Official Gazette. Previous regulations on the classification of apartment buildings that conflict with this Circular are abolished.

Article 2. From the date this Circular takes effect, organizations and individuals participating in the investment and business of apartment buildings must base their classification of apartment buildings on the provisions of this Circular. During the implementation process, if there are difficulties or obstacles, they should be reported to the provincial People's Committee and sent to the Ministry of Construction for joint research and resolution./.