Circular No. 14/2011/TT-BXD on the activities of training and enhancing professional knowledge for the management and operation of apartment buildings.

CIRCULAR

Provisions on training and professional development activities for specialized knowledge and management operations of apartment buildings.

Management operations of 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. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing;

Pursuant to Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing certain provisions of the Law on Fire Prevention and Fighting;

Pursuant to Decree No. 114/2010/NĐ-CP dated December 6, 2010 guiding the implementation of the Construction Law regarding maintenance of construction works;

The Ministry of Construction hereby stipulates the provisions on training and professional development activities for specialized knowledge and management operations of apartment buildings as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular sets forth the relevant contents concerning training and professional development activities for specialized knowledge and management operations of apartment buildings (including multi-story buildings with mixed purposes that include residential areas) as prescribed in Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing.

Article 2. Applicability

1. The subjects required to participate in the training course are members of the management board of enterprises managing apartment building operations, heads of technical teams, security personnel, fire prevention and fighting teams, environmental sanitation teams, and shift leaders managing apartment building operations.

2. It is encouraged for organizations and individuals both within and outside Vietnam who have a need to participate in training and professional development courses for specialized knowledge and management operations of apartment buildings.

3. Subjects specified in Clause 1 and Clause 2 of this Article are collectively referred to as students.

4. Organizations and individuals related to training and professional development activities for specialized knowledge and management operations of apartment buildings.

Article 3. Objectives and requirements for training

1. To enable students to have sufficient qualifications and capabilities when participating in the management and operation of apartment buildings.

2. To provide legal knowledge and specialized knowledge and skills; methods, techniques, and practical experience to participate in the management and operation of apartment buildings.

Article 4. Definitions

1. "Management and operation of apartment buildingsmeans controlling and maintaining the operation of equipment systems (including air conditioning, fire prevention and fighting, elevators, water pumps, emergency generators, infrastructure technology systems, and other equipment) belonging to common ownership or common use of apartment buildings; providing services (security, cleaning, parking, waste collection, garden care, pest control, and other services) to ensure normal operation of apartment buildings.

2. "Maintenance of apartment buildingsmeans regular maintenance, periodic repairs, and emergency repairs of housing and construction equipment attached to the apartment building to maintain the quality of the apartment building.

Chapter II

CONDITIONS, REGISTRATION, REVIEW AND RECOGNITION FOR ORGANIZATIONS IMPLEMENTING TRAINING AND PROFESSIONAL DEVELOPMENT OF SPECIALIZED KNOWLEDGE AND MANAGEMENT OPERATIONS OF APARTMENT BUILDINGS

BỒI DƯỠNG KIẾN THỨC CHUYÊN MÔN, NGHIỆP VỤ QUẢN LÝ VẬN HÀNH NHÀ CHUNG CƯ

Article 5. Conditions for organizations implementing training and professional development of specialized knowledge and management operations of apartment buildings

Organizations implementing training and professional development of specialized knowledge and management operations of apartment buildings (hereinafter referred to as training institutions) must meet the following conditions:

1. Having training functions, established and operating in accordance with the provisions of the law;

2. Ensuring classrooms with appropriate scale and facilities suitable for the number of students and teaching and learning equipment meeting the requirements of teaching and learning;

3. Having at least 40% of instructors paid by the training institution and covered by social insurance out of the total number of instructors participating in the training course, meeting the requirements stipulated in Article 10 of this Circular;

4. Having teaching materials compiled in accordance with the framework program as prescribed in Chapter III of this Circular;

5. Having a management system meeting the requirements of training and professional development of specialized knowledge and management operations of apartment buildings; having a quality management process and a person responsible for the training course;

6. Submitting registration files in accordance with Article 6 of this Circular and being recognized by the Ministry of Construction as meeting the conditions to organize training and professional development courses for specialized knowledge and management operations of apartment buildings in accordance with Article 7 of this Circular.

Article 6. Registration Documents

The registration documents for recognizing training institutions include:

1. One original Application Form requesting recognition as a training institution for professional knowledge and management skills of apartment buildings, in accordance with the Model specified in Appendix 2 of this Circular;

2. One certified copy of the decision establishing the training institution by the competent authority or one certified copy of the business registration certificate in accordance with the law; one report listing and providing information about the teaching staff along with documents proving compliance with the conditions stipulated in Clause 3, Article 5 of this Circular;

3. One set of teaching materials consistent with the Framework Program prescribed in Chapter III of this Circular and one explanatory report meeting the conditions to be recognized as a training institution for professional knowledge and management skills of apartment buildings.

Article 7. Procedures for Reviewing and Deciding on Recognition of Training Institutions for Professional Knowledge and Management Skills of Apartment Buildings

1. The Review and Recognition Board for Training Institutions for Professional Knowledge and Management Skills of Apartment Buildings

a) The Review and Recognition Board for Training Institutions for Professional Knowledge and Management Skills of Apartment Buildings (hereinafter referred to as the Review Board) shall be established by the Minister of Construction. The members of the Review Board include: The Department of Housing Management and Real Estate Market as the Standing Body of the Review Board, some related units under the Ministry of Construction, and representatives from the Construction Departments where the training institutions are located (to conduct direct inspections of the training institutions when necessary as provided for in point a, Clause 3, of this Article).

b) The Review Board shall examine the conditions and registration documents of the training institutions as prescribed in Articles 5 and 6 of this Circular and report to the Ministry of Construction for decision.

2. Submission of Registration Documents

a) The training institution shall prepare the registration documents as prescribed in Article 6 of this Circular and send them via postal service to the Department of Housing Management and Real Estate Market - the Standing Body of the Review Board of the Ministry of Construction.

b) The Standing Body of the Review Board of the Ministry of Construction shall check the documents; if they are not complete according to the provisions of Article 6 of this Circular, it shall notify and directly guide the training institution through a letter, telephone, or email to the legal representative of the training institution regarding the supplementation of the documents.

c) If the documents are complete according to the provisions of Article 6 of this Circular, the Standing Body of the Review Board of the Ministry of Construction shall notify the training institution through an email to the legal representative of the training institution that all documents have been submitted.

3. Review Procedures and Decision on Recognition of Training Institutions

a) The Review Board of the Ministry of Construction shall review the registration documents of the training institution; if necessary, the Review Board may request the Construction Department to conduct a direct inspection of the training institution's capacity within its jurisdiction according to the conditions stipulated in Article 5 of this Circular, and report to the Review Board of the Ministry of Construction for consideration and decision.

b) Based on the review report of the Review Board, the Ministry of Construction shall issue a decision recognizing the training institution as having the conditions to organize training courses for professional knowledge and management skills of apartment buildings and publish it on the Ministry of Construction’s website. Any training institution that registers and is recognized must organize training according to the name registered and recorded in the recognition decision.

4. Issuance and Validity Period of the Recognition Decision

a) The Ministry of Construction shall issue a decision recognizing the training institution as having the conditions to organize training courses for professional knowledge and management skills of apartment buildings within thirty days from the date of notification as prescribed in point c, Clause 2, of this Article and send the recognition decision to the training institution and the Construction Department where the main office of the training institution is located.

b) The recognition decision for a training institution has a validity period of five years; if there is a need for further training and professional knowledge and management skills of apartment buildings, the training institution must report to the Ministry of Construction for consideration and extension of the recognition decision.

c) The recognition decision for a training institution will expire five years from the date of issuance of the decision or when the recognition decision is permanently revoked or the training institution is dissolved or merged.

Chapter III

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

Article 8. On foundational knowledge

Total duration of 16 sessions, including 02 lectures with the following contents:

1. Basic knowledge on land law, construction law, housing law, real estate business law, and related laws (08 sessions);

2. Legal knowledge on quality management, management, and operation of apartment buildings (08 sessions).

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

1. Total duration of 44 sessions, including 05 topics with the following contents:

a) Topic 1. Management and operation, warranty, and maintenance of the building and electrical power supply, water supply, and drainage systems inside and outside apartment buildings (08 sessions);

b) Topic 2. Management and operation, warranty, and maintenance of ventilation and heating systems within apartment buildings (08 sessions);

c) Topic 3: Management and operation, warranty, and maintenance of elevators within apartment buildings (08 sessions);

d) Topic 4: Management and operation, warranty, and maintenance of fire protection and firefighting equipment systems; fire safety; rescue, emergency response, and disaster preparedness within apartment buildings (16 sessions);

e) Topic 5: Sanitation, environmental, and landscape management of apartment buildings (04 sessions).

2. Outline of the topics

a) Outline of Topic 1

- Management and operation of electrical power supply, water supply, and drainage systems inside and outside apartment buildings (describe the main structure, operating principles of the system, and technical issues handling during operation);

- Warranty for apartment buildings, machinery, and equipment for electrical power supply, water supply, and drainage systems inside and outside apartment buildings (including warranty content, warranty period, and warranty costs, including common and private ownership parts of the apartment building);

- Maintenance of apartment buildings, machinery, and equipment for electrical power supply, water supply, and drainage systems inside and outside apartment buildings (including maintenance content, maintenance procedures, and maintenance costs, including common and private ownership parts of the apartment building);

- Responsibilities and coordination mechanisms between the management and operation enterprise and the Developer, Management Board, local authorities, and construction contractors and equipment suppliers (electrical power supply, water supply, and drainage systems...).

b) Outline of Topic 2

- Management and operation of ventilation and heating systems within apartment buildings (describe the main structure, operating principles, and technical issues handling during operation);

- Warranty for ventilation and heating systems (warranty content, warranty period, and warranty costs);

- Maintenance of ventilation and heating systems (maintenance content, maintenance procedures, and maintenance costs);

- Responsibilities and coordination mechanisms between the management and operation enterprise and the Developer, Management Board, local authorities, and ventilation and heating system suppliers.

c) Outline of Topic 3

- Management and operation of elevators within apartment buildings (describe the main structure, operating principles, capacity, speed, lifting capacity of elevators, and technical issues handling during operation);

- Warranty for elevators (warranty content, warranty period, and warranty costs);

- Maintenance of elevators (maintenance content, maintenance procedures, and maintenance costs);

- Responsibilities and coordination mechanisms between the management and operation enterprise and the Developer, Management Board, local authorities, and elevator suppliers.

d) Outline of Topic 4

- Management and operation of fire protection and firefighting equipment and rescue systems (describe the main structure, operating principles of the system, and technical issues handling during operation);

- Warranty for fire protection and firefighting equipment and rescue systems (warranty content, warranty period, and warranty costs);

- Maintenance of fire protection and firefighting equipment and rescue systems (maintenance content, maintenance procedures, and maintenance costs);

- Some knowledge and practices on fire safety, protection, rescue, and disaster preparedness within apartment buildings;

- Responsibilities and coordination mechanisms between the management and operation enterprise and the Developer, Management Board, local authorities, fire protection and rescue agencies.

e) Outline of Topic 5

- Management and operation of machinery, equipment, garbage disposal pits, environmental sanitation, and landscaping (describe the main structure, operating principles of the system, and technical issues handling during operation);

- Warranty for machinery, equipment, and garbage disposal pits for environmental sanitation (warranty content, warranty period, and warranty costs);

- Maintenance of machinery, equipment, and garbage disposal pits for environmental sanitation (maintenance content, maintenance procedures, and maintenance costs);

- Responsibilities and coordination mechanisms between the management and operation enterprise and the Developer, Management Board, local authorities, and urban environmental management agencies.

Article 10. Requirements for lecturers of the training course

1. Lecturers must have a bachelor's degree or higher in the relevant field corresponding to the lectures and topics, with at least three years of practical experience or at least five years of work experience in the following fields:

a) Lecture 1 and 2 on basic knowledge as stipulated in Article 8 of this Circular and Topic 1: Architecture and Construction industry;

b) Topic 2: Technical management profession for ventilation and heating systems;

c) Topic 3: Technical management profession for elevators;

d) Topic 4: Fire prevention, firefighting, rescue and emergency response industry;

đ) Topic 5: Urban environment industry.

2. Lecturers must provide a declaration of their professional qualifications and practical experience in their occupational activities.

Article 11. Practical training, final examination, and certification issuance time

Practical training and real-life surveys, as well as the final theoretical examination, will have a total duration of 14 sessions, including the following contents:

1. Practical training and real-life surveys (12 sessions)

a) Practical work on fire protection, safety, rescue operations, and disaster response in apartment buildings;

b) Real-life surveys on the management and operation of certain apartment building projects (including multi-story buildings with mixed-use purposes that include residential areas); write a report on the outcomes.

2. Final theoretical examination (2 sessions)

a) Examination time: 2 sessions;

b) Examination format: Multiple choice questions.

3. Certification Issuance Time

The maximum time for issuing the Certificate of Completion for the training course on specialized knowledge and skills in managing and operating apartment buildings is 10 days from the date when the legal representative of the training institution signs the decision to issue certificates to the trainees.

Chapter IV

TRAINING ORGANIZATION, CERTIFICATE ISSUANCE; REGIME AND CONTENT OF REPORTS

Article 12. Organization of Training and Issuance of Certificates for Specialized Knowledge and Skills in Managing and Operating Apartment Buildings

1. The training institution organizing the training course shall be responsible for:

a) Announcing enrollment requirements, learner requirements, course program, content, time, location, fees, and other necessary information;

b) At least seven days before the commencement of the training course, the training institution must report to the Department of Construction in the locality where the training course is planned to be held about the time, location of the training course; schedule, list of learners; list and information of the teaching staff participating in the lectures as specified in Appendix 1 of this Circular; course program and content. In case of changes, the training institution must promptly notify the Department of Construction in the locality where the training course is planned to be held;

c) Disseminating the rules and regulations of the training course, providing learners with complete materials; organizing teaching and learning to ensure the content and time stipulated; ensuring that lecturers attend classes according to the registered list, controlling the learning time of learners;

d) Organizing the final theoretical and practical examinations, evaluating and ranking the learning results to issue certificates to learners; assigning class advisors for each training course, grading the theoretical examination papers of learners based on the answers provided by teachers regarding the corresponding professional and technical topics taught;

đ) Sending the decision to issue certificates, list of learners who received certificates to the Department of Construction and the Ministry of Construction; collecting feedback from learners on the training course.

2. All training courses must be organized centrally, ensuring the time and content of the framework program stipulated in Chapter III of this Circular. Encouraging training institutions to expand the content of topics and supplement additional advanced topics for the course (such as foreign experiences; management software, organizational structure, human resource management, operational cost management; cultural behavior and resolution of cases related to the management and operation of apartment buildings...).

3. Learners are responsible for paying the training fees to the training institution; the level of tuition fees and the management and use of tuition fees are decided by the training institution based on ensuring compensation for the costs of the training course.

Article 13. Examination Board for Academic Results and Issuance of Certificates

The head of the training institution decides to establish the Examination Board and promulgates the Rules of Operation of the Board to manage the organization of training, evaluation of examination results, final classification, and issuance of certificates for completion of training courses for trainees.

Article 14. Issuance of New Training Completion Certificates

1. Trainees who participate in training courses for the required duration and achieve satisfactory academic results as determined by the Examination Board shall be issued a certificate of completion of the training course. The training institution must maintain a record of the issuance of certificates by its unit.

2. The training institution is responsible for printing and managing the certificates. The content, format, and specifications of the certificates shall follow the model prescribed in Appendix 3 of this Circular.

3. The issuance of a certificate of completion of a training course or professional knowledge enhancement course on management and operation of apartment buildings does not replace the issuance of a fire safety training certificate for staff and members of the fire prevention and firefighting team of apartment buildings as stipulated by laws on fire safety.

Article 15. Reissuance of Certificates

1. Individuals who have been issued a certificate may request the training institution to reissue the certificate if the original certificate is torn or damaged.

2. Individuals requesting a reissued certificate must submit a written application along with a photograph to the training institution that originally issued the certificate and must pay the prescribed fee to the training institution.

3. The training institution that originally issued the certificate must base the reissuance of the certificate on the original records, ensuring that the content matches the original certificate.

Article 16. Archiving of Files

The training institution has the responsibility to establish and retain records after each training course for at least five years to serve state agency inspections and the reissuance of certificates, including the following records:

1. Enrollment files, lists of trainees; decisions to issue certificates and lists of trainees receiving certificates (name, date of birth, professional qualifications, contact address, place of residence) for each training course; examination scores confirmed by the training institution;

2. Lists of lecturers participating in the training course (name, date of birth, profession, professional qualifications, workplace, contact address);

3. Original registers signed by trainees receiving training, professional knowledge enhancement, and management and operation of apartment building certificates.

Article 17. Reporting System and Content

1. Every three months, the training institution must submit a written report including the number of training courses, a list of trainees (name, date of birth, place of residence...) who have completed the training course and received certificates to the Construction Department where the training course was organized, and simultaneously report to the Ministry of Construction.

2. Every six months, the Construction Department must submit a written report to the Ministry of Construction regarding the revocation of certificates issued to trainees due to violations by the training institution as specified in Point d, Clause 1 of Article 19 of this Circular, or submit an urgent report upon request from the Ministry of Construction.

3. The Ministry of Construction's Appraisal Council transfers the list of recognized training institutions to the Information Center of the Ministry of Construction, which promptly provides information about training institutions and individuals who violate regulations for publication on the Ministry of Construction's electronic portal (website).

Chapter V

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS

Article 18. Dispute Resolution

Disputes among trainees, instructors, individuals, and organizations related to training and professional knowledge enhancement activities for managing and operating condominiums shall be resolved through mediation in accordance with this Circular and relevant laws. If disputes cannot be mediated, they shall be resolved by the Court.

Article 19. Handling and Sanctioning Violations

1. Violating acts of training institutions include:

a) Leasing or lending legal status;

b) Not sending notification documents before organizing a course to the Construction Department; not sending decisions and lists of certified trainees to the Construction Department and the Ministry of Construction; not submitting periodic reports to the Construction Department and the Ministry of Construction, and violating other provisions of this Circular;

c) Not publicly disclosing necessary contents when recruiting students; not having a training management process; not establishing a committee to evaluate student results and issue certificates; not storing student records after the course;

d) Using lecturers who do not meet the required standards; not ensuring the prescribed duration and content of the program; not organizing theoretical and practical tests for students.

2. Handling and Sanctioning Violations

a) In cases of violations stipulated in point a, Clause 1 of this Article, handling and sanctioning shall be as follows:

- For the first violation, the institution shall be required to rectify the consequences (if any) and temporarily suspend its operations; for the second violation, the institution shall be required to rectify the consequences and have its recognition decision revoked for a limited period;

- For the third violation, the recognition decision of the institution shall be permanently revoked. The head of the training institution and related individuals shall be disciplined, administratively sanctioned, and may be criminally prosecuted based on the severity of the violation according to the law.

b) In cases of violations stipulated in point b, Clause 1 of this Article, the institution shall be warned and required not to repeat the violation;

c) In cases of violations stipulated in point c, Clause 1 of this Article, the institution shall be required to rectify the consequences and compensate for damages (if any);

d) In cases of violations stipulated in point d, Clause 1 of this Article, the certificates issued to trainees shall be declared invalid. The head of the training institution and related individuals shall be disciplined, administratively sanctioned, and may be criminally prosecuted based on the severity of the violation according to the law.

3. Authority to Handle Violations

a) The Ministry of Construction shall require rectification of consequences, temporary suspension, revocation for a limited period, and permanent revocation of the recognition decision of the training institution as stipulated in point a, Clause 2 of this Article; and announce the violations of the training institution on the Ministry's website.

b) The Construction Department shall warn the training institution in writing about the violation; declare invalid the certificates issued to trainees as stipulated in point d, Clause 2 of this Article, and report to the Ministry of Construction.

Chapter VI

IMPLEMENTATION

Article 20. Responsibilities of Provincial People's Committees and Construction Departments under Central Cities

1. Directing departments and agencies to organize inspections and supervision of the activities of training institutions and the management and operation of condominiums within their jurisdiction in accordance with this Circular, and handle violations within their authority.

2. The Construction Department shall be responsible for organizing regular and spot inspections of the activities of the aforementioned training institutions and the management and operation of condominiums within their jurisdiction; resolving complaints and accusations and handling violations within their authority, reporting to the Ministry of Construction and the Provincial People's Committee for consideration and decision.

Article 21. Implementation clause

1. Assign the Real Estate Management and Market Administration Bureau:

a) Assist the Minister of Construction in serving as the Standing Member of the Appraisal Council;

b) Guide, urge, and inspect training and professional knowledge enhancement activities and the management and operation of condominiums nationwide;

c) Summarize and report the implementation of this Circular periodically, and propose amendments and supplements for the Minister of Construction to consider and promulgate.

2. Within twelve months from the date this Circular takes effect, the subjects specified in Clause 1 of Article 2 of this Circular must obtain certification to participate in management and operation; if discovered that these subjects are participating in management and operation without certification, the General Director of the management and operation enterprise and related individuals will be subject to administrative sanctions, compensation for damages (if any), and criminal prosecution according to the law based on the severity of the violation.

3. This Circular takes effect from January 9, 2012.

During implementation, if there are difficulties, localities are requested to send comments to the Ministry of Construction for appropriate amendments and supplements./.