This Circular details the training and enhancing professional knowledge for managing and operating apartment buildings and issuing real estate brokerage licenses; it also amends certain articles in the Management and Usage Regulations of Apartment Buildings. This Circular takes effect from February 1, 2017.
适用范围
Organizations and individuals related to the training and enhancing professional knowledge for managing and operating apartment buildings and issuing real estate brokerage licenses.
要点
- Details the training and enhancing professional knowledge for managing and operating apartment buildings.
- Issuing certificates of completion for training and enhancing professional knowledge for managing and operating apartment buildings.
- Amending certain articles in the Management and Usage Regulations of Apartment Buildings.
- Abolishing provisions that are no longer appropriate.
- Effective date is February 1, 2017.
🌐 本文件的社会影响
- Enhancing the quality of training and enhancing professional knowledge for managing and operating apartment buildings.
- Standardizing the process of issuing real estate brokerage licenses.
- Ensuring the consistency and appropriateness of the Management and Usage Regulations of Apartment Buildings.
❓ 常见问题
When does this Circular take effect?
This Circular takes effect from February 1, 2017.
How will previous regulations on managing and using apartment buildings that differ from this Circular be applied?
If previous regulations on managing and using apartment buildings differ from the provisions of this Circular, they shall be implemented according to the provisions of this Circular.
Does this Circular abolish any provisions?
This Circular abolishes Appendix No. 05 of Circular No. 10/2015/TT-BXD, certain articles in Circular No. 11/2015/TT-BXD, and Articles 36 and 46 of Circular No. 02/2016/TT-BXD.
全文
CIRCULAR
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Amending and supplementing certain provisions of Circular No. 10/2015/TT-BXD dated December 30, 2015 of the Ministry of Construction on training and improving professional knowledge for management and operation of apartment buildings, professional knowledge and business skills for management and operation of apartment buildings, 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 11/2015/TT-BXDdated30Article 1. This Circular stipulates regulations on receiving citizens, handling and resolving complaints, reports, petitions, and reflections of the Ministry of Information and Communication including: citizen reception work; receipt, handling, and resolution of complaints, reports, petitions, and reflections; ensuring conditions for citizen reception, complaint resolution, petition resolution, reflection resolution; management of complaint and report resolution work and reporting systems.12(VND/kWh); 2015 of the Ministry of Construction on issuing real estate brokerage licenses; guiding the training and improving professional knowledge for real estate brokerage, managing real estate trading floors, establishing and organizing activities of real estate trading floors and professional knowledge for real estate brokerage, managing real estate trading floors, and some provisions of the Management and Use Regulations for Apartment Buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Minister of Construction Decree No. 62/2013/NĐ-CP dated November |
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Pursuant to the Housing Law issued on November 25, 2014;
Pursuant to the Law on Real Estate Business dated November 25, 2014;
On the basis of 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction; the 6 year Pursuant to Decree No. 79/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for operating real estate training services, improving professional knowledge for management and operation of apartment buildings, professional knowledge for real estate brokerage, and managing real estate trading floors;
Considering the proposal of the Director of the Department
of Housing and Real Estate Market Management qThe Minister of Construction issues this Circular amending and supplementing certain provisions of Circular No. 10/2015/TT-BXD dated December 30, 2015 on training and improving professional knowledge for management and operation of apartment buildings,,
and the Management and Use Regulations for Apartment Buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Ministry of Construction. ing July 1930Article 1. This Circular stipulates regulations on receiving citizens, handling and resolving complaints, reports, petitions, and reflections of the Ministry of Information and Communication including: citizen reception work; receipt, handling, and resolution of complaints, reports, petitions, and reflections; ensuring conditions for citizen reception, complaint resolution, petition resolution, reflection resolution; management of complaint and report resolution work and reporting systems.12day of July 2022g professional knowledge for real estate brokerage practices, managing real estate trading floors; the establishment and organization of activities of real estate trading floorsFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSand certain provisions of the Regulation on the Management and Use of Apartment Buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 by the Minister of ConstructionArticle 1. Amending and supplementing certain Articles of Circular No. 10/2015/TT-BXD dated December 30, 2015 on training and enhancing professional knowledge for the management and operation of apartment buildings (hereinafter referred to as Circular No. 10/2015/TT-BXD) as follows:"Article 7. Recognizing Training Institutions for Professional Knowledge in the Management and Operation of Apartment Buildings, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Based on the application for recognition of a training institution in accordance with Clause 2, Article 2 of Decree No. 100/2018/NĐ-CP dated July 16, 2018 of the Government on amending and supplementing, abolishing certain provisions on investment and business conditions under the Ministry of Construction's jurisdiction (hereinafter referred to as Decree No. 100/2018/NĐ-CP), the Department of Housing Management and Real Estate Market will examine the completeness and validity of the application to report to the Ministry of Construction for issuing a decision or authorize the Department of Housing Management and Real Estate Market to issue a Decision recognizing the training institution meeting the conditions for training and enhancing professional knowledge in the management and operation of apartment buildings. The recognition decision shall be issued according to the model attached to this Circular. Amending and supplementing certain provisions of Circular No. 10/2015/TT-BXD
Article 1. dated December 30, 2015 on training and improving professional knowledge for management and operation of apartment buildings as follows: Article 5 is amended as follows:
1Article 5. Application Documents for Recognizing Training Institutions
“The application documents for recognizing training institutions for improving professional knowledge for management and operation of apartment buildings include the following papers:
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.
2. A copy and presentation of the original for verification or a certified copy of the business registration certificate or establishment registration certificate or decision on establishment of an organization with training function as prescribed in Clause 1, Article 3 of Decree No. 79/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for operating real estate training services, improving professional knowledge for management and operation of apartment buildings, professional knowledge for real estate brokerage, and managing real estate trading floors (hereinafter referred to as Decree No. 79/2016/NĐ-CP).
3. A certified copy of the document proving ownership, management, or use rights or lease contract for facilities serving theoretical training with a minimum duration of one year; contracts or agreements for practical training at apartment buildings that have been put into use and are currently managed by units with the capability to manage and operate.
4. A set of textbooks or teaching materials consistent with the framework program as prescribed in Chapter III of this Circular.
5. A list of lecturers participating in teaching according to the model provided in Appendix No. 02 attached to this Circular, along with each lecturer's file as follows:
a) A certified copy of the bachelor's degree or higher graduation certificate;
b) An experience declaration form according to the model provided in Appendix No. 03 attached to this Circular;
c) A certified copy of the labor contract or appointment decision for lecturers; if the lecturer is within the staff of the training institution, they must also provide a certified copy of the document proving that the training institution is paying social insurance for the lecturer.
Point b Clause 1 Article 7 is amended as follows:
2"b) Within twenty days from the date of receiving complete application documents as prescribed in Article 5 of this Circular, the Department of Housing and Real Estate Market Management shall be responsible for reviewing the documents. If the conditions stipulated in Clauses 1, 2, 3, and 4 of Article 3 of Decree No. 79/2016/NĐ-CP are met, it shall report to the Ministry of Construction to issue a decision or authorize the Department of Housing and Real Estate Market Management to issue a decision recognizing the training institution as eligible to train and improve professional knowledge for management and operation of apartment buildings. The name and address of the recognized training institution will be publicly announced on the Ministry of Construction’s website and the Department of Housing and Real Estate Market Management’s website.
After the recognition decision is issued by the Ministry of Construction, the training institution must send one set of application documents (certified copies) to the Construction Department where the training takes place for the Construction Department to monitor, inspect, and manage."
Point a Clause 2 Article 13 is supplemented as follows:
3. "1. Five days before the start of the course, the training institution must send a letter to the Construction Department where the training takes place informing about the time, location, schedule, list of lecturers for each group of students as prescribed in Clauses 1 and 2 of Article 2 of this Circular, and the final examination schedule."
"1. Within five days prior to the commencement of the course, the training institution must submit a written notice to the Construction Department organizing the training, informing about the time, location of the course organization, schedule, list of lecturers teaching the course for each category of learners as stipulated in Clause 1 and Clause 2 of Article 2 of this Circular, and the final course examination schedule."
Training institutions must establish a training management department to organize training courses, store student records, and related training documents; they must issue a training management regulation, which specifically stipulates admission requirements, duration of each course, number of lectures, lecture hours for each lecture (including those not mandatory according to this Circular), final examination procedures, evaluation criteria, classification of learning outcomes, conditions for obtaining a Certificate of Completion applicable to each category of learners as specified in Clause 1 and Clause 2, Article 2 of this Circular.
4. Point a, Clause 1, Article 15 shall be amended as follows:
"a) For students falling under the provisions of Clause 1, Article 2 of this Circular, if they pass the examination and are assessed by the Examination Board to meet the required standards, they will be issued a Certificate of Completion within a maximum period of 15 days from the date of the examination.
The marking of examination papers will be based on a scale of 100 points; if the score is below 50 points, it is considered unsatisfactory; in cases where students who fail wish to retake the examination, the training institution has the responsibility to organize a retake for them."
Article 2. Amend and supplement certain provisions of Circular No. 11/2015/TT-BXD dated December 30, 2015 regarding the issuance of real estate brokerage practice certificates; guiding the training and upgrading of knowledge for real estate brokers and property transaction floor managers; the establishment and organization of activities for property transaction floors as follows:
- Clause 2, Article 3 shall be amended as follows:
"2. The Department of Construction may delegate or authorize one or more of the following units to organize the examination (referred to as the examination organizing unit):
a) The department's office responsible for housing management and real estate market functions;
b) Training institutions that have the necessary conditions to operate real estate brokerage knowledge training and property transaction floor management services in accordance with Article 4 of Decree No. 79/2016/NĐ-CP;
c) Vietnam Real Estate Association;
d) Real Estate Associations of provinces and centrally-administered cities;
e) Vietnam Real Estate Brokers Association."
2. Point b, Clause 1, Article 4 shall be amended as follows:
"b) Members of the Examination Board include: one representative from the department's office responsible for housing management and real estate market functions; one representative from the examination organizing unit; other members from the Real Estate Association, Real Estate Brokers Association, lecturers from training institutions, real estate brokers from real estate brokerage service companies, property transaction floors, or other experts appointed by the Chairman of the Examination Board."
3. Article 19 is amended as follows:
“ Article 19. Guidelines on lecturers, training institutions, and framework training programs for real estate brokerage practice knowledge and real estate trading floor management
1. Lecturers participating in teaching real estate brokerage practice knowledge and real estate trading floor management must be individuals who have graduated from university level or higher in relevant fields corresponding to the teaching content and have at least five years of experience in state management, scientific research, education in the field of real estate, or participation in real estate business.
Training institutions must establish a list of lecturers and a declaration of their qualifications and experience according to the reference guidelines set out in Appendix 8 and Appendix 9 issued together with this Circular for monitoring and management.
2. Training institutions must establish a training management department to organize training courses, store student records, and related training materials; they must issue a training management regulation specifying in detail admission conditions, duration of each course, number of lectures, lecture time for each lecture (including those not mandatory under this Circular), final examination procedures, evaluation criteria, classification of learning outcomes, and conditions for obtaining a Certificate of Completion.
3. The framework training program for real estate brokerage practice knowledge and real estate trading floor management includes basic knowledge and specialized knowledge according to the reference guidelines set out in Appendix 6 issued together with this Circular.
The head of the training institution shall base on the framework training program guided by the reference guidelines set out in Appendix 6 issued together with this Circular to develop, approve, and be responsible for the content of the textbook or teaching materials."
4. Article 20 is amended and supplemented as follows:
“Article 20. Publicizing information about training institutions
1. When meeting the conditions for organizing training as stipulated in Article 4 of Decree No. 79/2016/NĐ-CP, the training institution provides information as prescribed in Clause 2 of this Article to the Construction Department where its main office is located and the Real Estate Management and Market Administration. The Construction Department where the training institution's main office is located and the Real Estate Management and Market Administration are responsible for publicly posting the training institution's information on their respective electronic portals to serve management purposes.
2. The information provided for public posting includes: name of the training institution; legal representative's full name; address and contact phone number of the training institution.
3. When there is a change in any of the information prescribed in Clause 2 of this Article or when the training institution ceases operations or is dissolved or declared bankrupt, the training institution has the responsibility to notify the information posting agency as prescribed in Clause 1 of this Article to adjust or delete the information".
5Point d Clause 1 Article 21 is amended as follows:
"d) Organize examinations, evaluations, and classifications of learning outcomes to issue Certificates of Completion to students.
Prior to conducting the final examination, the training institution must organize practical sessions for students at real estate brokerage offices, trading floors, or real estate businesses for the required duration as stipulated; after the practical session, students must write a report. Only students who attend the required number of classes, participate in the required practical time, and submit a report will be eligible for the final examination; exam graders must be lecturers listed in the teaching roster registered with the training institution. Examination content must be compiled by the training institution but must be consistent with the approved training program by the head of the training institution."
6Article 24 is amended as follows:
"Article 24. Establishment and Publicizing Information of Real Estate Trading Floors
1. Organizations and individuals establishing real estate trading floors (referred to as trading floors) must meet the conditions stipulated in Article 69 of the Law on Real Estate Business No. 66/2014/QH13.
2. After establishing a trading floor, the establishment unit must provide trading floor information to the Construction Departments of provinces and centrally-administered cities where the trading floor operates or the Real Estate Management and Market Administration. The Construction Departments and the Real Estate Management and Market Administration are responsible for publicly posting the trading floor information provided by the establishment unit on their respective electronic portals to serve management purposes.
3. The information provided for public posting includes:
a) Name of the enterprise establishing the trading floor; full name of the legal representative of the enterprise; contact address of the enterprise;
b) Name of the trading floor; date of establishment of the trading floor; location of the trading floor; contact phone number of the trading floor; full name of the manager of the trading floor.
4. When there is a change in any of the information prescribed in Clause 3 of this Article or when the trading floor ceases operations or is dissolved or declared bankrupt, the establishment unit has the responsibility to notify the information posting agency as prescribed in Clause 2 of this Article to adjust or delete the information."
7. Article 29 is amended and supplemented as follows:
“Article 29. Implementation Organization
1. The Department of Housing Management and Real Estate Market shall be responsible for guiding and inspecting the organization of examinations and issuance of real estate brokerage practice certificates in accordance with this Circular; directly inspecting or coordinating with the Construction Departments of provinces and centrally governed cities to organize inspections on training and knowledge enhancement activities for real estate brokers, management and operation of real estate trading floors, and inspection of real estate trading floor activities in accordance with this Circular.
2. The Construction Departments of provinces and centrally governed cities shall organize examinations, issue real estate brokerage practice certificates, and guide and inspect the implementation of this Circular within their respective jurisdictions.
Article 3. Amend and supplement some provisions of the Regulation on the Management and Use of Apartment Buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 as follows:
1. Clause 2, Clause 3 of Article 3 are amended and supplemented as follows:
2. An apartment building is an independent block or several blocks sharing a common base above ground constructed according to the planning and project dossier approved by the competent authority.
3. An apartment building complex consists of two or more apartment buildings constructed according to the planning and project dossier approved by the competent authority.
2. Clause 1 of Article 9 is amended and supplemented as follows:
1. All apartment buildings subject to this Regulation must have a Management and Usage Internal Regulation containing the contents stipulated in Clause 2 of this Article. The developer and the apartment building meeting shall refer to the model Internal Regulation prescribed in this Regulation to build and approve the Internal Regulation suitable for each apartment building or apartment building complex.
3Add Point c to Clause 5 of Article 14 as follows:
c) The developer has ceased operations due to dissolution, merger, or bankruptcy.
4. Add Point c to Clause 2 of Article 16 as follows:
c) Each owner of an apartment unit or other area in the apartment building may only authorize one person currently using that apartment unit or other area in the apartment building to attend the apartment building meeting.
5Article 18 is amended and supplemented as follows:
“Article 18. Model of the Apartment Building Management Board
1. The Apartment Building Management Board, which has multiple owners, shall be established and operate under the model of the Management Board of a cooperative or a joint-stock company. The apartment building meeting shall decide on the operational model of the Apartment Building Management Board suitable for each apartment building or apartment building complex.
2. In the case where the Apartment Building Management Board operates under the model of the Management Board of a cooperative, the convening and organizing of meetings of the Management Board shall be carried out in accordance with the laws on cooperatives. In the case where the Apartment Building Management Board operates under the model of the Management Board of a joint-stock company, the convening and organizing of meetings of the Management Board shall be carried out in accordance with the laws on enterprises.
Voting and recording minutes of the Management Board's meetings must comply with the provisions of Article 25 of this Regulation.
3. The Apartment Building Management Board, which has a single owner, shall be established and operate under the self-management model; members of the Management Board shall independently coordinate to perform the rights and responsibilities stipulated in Clause 2 of Article 41 of this Regulation.
6Clause 1 of Article 19 is amended and supplemented as follows:
1. For apartment buildings with multiple owners, members of the Apartment Building Management Board must be owners and currently using the apartment building; in cases where the person using an apartment unit or other area in the apartment building is not the owner but is authorized by the owner to attend the apartment building meeting, they may be elected as members of the Apartment Building Management Board.
For apartment buildings with a single owner, members of the Apartment Building Management Board are representatives of the owner and the person currently using the apartment building.
7Clause 1 of Article 20 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 block, there must be at least three members of the Management Board; in the case of a building with multiple blocks sharing a common base above ground, each block must have at least one member of the Management Board;
b) For an apartment building complex, there must be a minimum of six members of the Management Board.
8Article 27 is amended and supplemented as follows:
“ Article 27. Unit implementing management and operation of apartment buildings
1. The unit managing and operating apartment buildings can be the developer or another entity meeting the conditions regarding functions and capabilities as stipulated in Clause 2 of Article 105 of the Law on Housing.
2. When the first apartment building meeting has not been organized, the developer is responsible for organizing the management and operation of the apartment building. In the case of an apartment building with elevators, if the developer does not meet the conditions regarding functions and capabilities as stipulated in Clause 2 of Article 105 of the Law on Housing, they must hire a unit meeting the conditions regarding functions and capabilities as stipulated to carry out the management and operation.
3. After the first apartment building meeting has been organized, the selection of the unit managing and operating the apartment building shall be carried out as follows:
a) In the case of an apartment building without elevators, the apartment building meeting shall decide on the management and operation through self-management or hiring a unit meeting the conditions regarding functions and capabilities to manage and operate;
b) In the case of an apartment building with elevators, if the developer meets the conditions regarding functions and capabilities as stipulated in Clause 2 of Article 105 of the Law on Housing and wishes to participate in management and operation, the Apartment Building Management Board and the developer shall negotiate for the developer to continue signing a service contract for the management and operation of the apartment building.
c) In the case of apartment buildings with elevators where the developer does not have the functions and capabilities as prescribed in Clause 2, Article 105 of the Law on Housing, or has such functions and capabilities but does not participate in managing and operating, or the developer participates in managing and operating but fails to meet the requirements stipulated in the service contract, the residents' meeting shall decide to select another entity that meets the conditions regarding functions and capabilities as prescribed to manage and operate.
4. Each apartment building shall have only one managing and operating entity. For clusters of apartment buildings, there may be one common managing and operating entity or multiple entities to manage and operate each individual building according to the decision of the cluster residents' meeting. If each building in the cluster has its own managing and operating entity, the Management Board of the cluster apartment buildings shall coordinate with these managing and operating entities to manage and operate shared facilities and technical systems for the entire cluster.
5. The managing and operating entity of apartment buildings may enter into contracts with service-providing enterprises to perform management and operation services for apartment buildings, but it must bear responsibility for the quality of service provided in accordance with the contents of the contracts signed with the Management Board of the apartment buildings."
9. Article 28 is amended and supplemented as follows:
“Article 28. Publicizing Information about Managing and Operating Entities of Apartment Buildings
1. When meeting the conditions regarding functions and capabilities to manage and operate apartment buildings, the managing and operating entity shall submit a written document clearly stating its name, address, and contact phone number along with certified copies of documents proving compliance with the conditions specified in Clause 2, Article 105 of the Law on Housing to the Department of Construction at the location where the managing and operating entity's main office is located or to the Department of Housing Management and Real Estate Market. The Department of Construction at the location where the managing and operating entity's main office is located, or the Department of Housing Management and Real Estate Market shall review the file, and if the conditions are met, they shall publicly post the information on their respective online portals to facilitate management; if the required documents are incomplete, the Department of Construction or the Department of Housing Management and Real Estate Market shall notify the managing and operating entity to supplement the missing documents.
The residents' meeting shall refer to the information posted on the online portal of the Department of Construction or the Department of Housing Management and Real Estate Market to select a suitable managing and operating entity for apartment buildings based on the specific conditions of each individual building or cluster of apartment buildings..
2. The content of the information provided for public posting by the Department of Construction or the Department of Housing Management and Real Estate Market includes: the name of the managing and operating entity; the full name of the legal representative; the address and contact phone number of the managing and operating entity.
3. When there is a change in any of the information specified in Clause 2 of this Article, or when operations cease, or when the entity is dissolved or declared bankrupt, the managing and operating entity shall notify the Department of Construction at the location where the entity's main office is located, or the Department of Housing Management and Real Estate Market to adjust or remove the information.
In cases where the agency responsible for posting the information or the competent authority discovers during inspections or audits that the managing and operating entity has ceased operations, been dissolved, declared bankrupt, or no longer meets the conditions to manage and operate as prescribed, the information of that entity shall be removed from the online portal of the agency where the information was posted."
10. Clause 1 of Article 29 is amended as follows:
“1. The management and operation of apartment buildings must be carried out through a service contract for managing and operating apartment buildings signed between the managing and operating entity and the Management Board of the apartment buildings.
The service contract for managing and operating apartment buildings signed by the parties must include the main contents prescribed in Clause 2 of this Article and be drafted in accordance with the model form provided in Appendix No. 02 issued together with this Regulation.”
11. Point a of Clause 2 of Article 36 is amended and supplemented as follows:
“a) The Management Board of the apartment buildings shall open a dedicated account at a credit institution operating in Vietnam to manage and use the maintenance fund for the common parts of the entire apartment building.”
12. Point a of Clause 3 of Article 36 is amended and supplemented as follows:
“a) The Management Board of the apartment buildings shall open a dedicated account at a credit institution operating in Vietnam to manage and use the maintenance fund for the common parts of the residential units and the common parts of the entire apartment building.”
13. Clause 1 of Article 38 is amended and supplemented as follows:
“1. Implement the management and operation of apartment buildings as prescribed in Clause 2 and point b of Clause 3 of Article 27 of this Regulation. In cases where the developer does not have the functions and capabilities to manage and operate, or has such functions and capabilities but does not participate in managing and operating the apartment building, the developer may introduce an entity that meets the conditions regarding functions and capabilities to manage and operate as prescribed in Clause 2, Article 105 of the Law on Housing for the residents' meeting to consider and select to participate in managing and operating the apartment building.”
14. Clause 3 of Article 38 is amended and supplemented as follows:
“3. Chair the first residents' meeting, appoint representatives to join the Management Board of the apartment buildings, and participate in voting at the residents' meeting in accordance with this Regulation if still owning a residential unit or other area within the apartment building.”
15. Clause 3 of Article 43 is amended and supplemented as follows:
“3. Disputes among members of the Management Board of the apartment buildings shall be resolved in accordance with the operational regulations of the Management Board approved by the residents' meeting.
In cases where a member of the Management Board or the Management Board is dismissed, relieved of duty, or replaced without handing over the seal, the newly established Management Board has the right to request the competent authority responsible for issuing, registering, and managing seals to carry out the recovery, handover, or cancellation of the seal for registration and issuance of a new seal in accordance with the regulations on issuing, registering, and managing seals for the newly established Management Board.”
In the event that a member of the Management Board or the entire Management Board is dismissed, relieved of duty, or replaced without transferring the management account for the maintenance fund of the common property of the apartment building, or the management account for the activities of the Management Board, the newly established Management Board has the right to request the organization currently managing these accounts to freeze the accounts, terminate transactions related to the dismissed, relieved, or replaced Management Board, and implement the transfer of this account to the newly established Management Board in accordance with the provisions of this Regulation and relevant laws.
Article 4. Effectiveness
1. This Circular takes effect from February 1, 2017.
2. The model Certificate of Completion of Professional Training and Knowledge Enhancement for Managing and Operating Apartment Buildings is specified in Appendix No. 01 attached hereto and replaces the model Certificate of Completion of Professional Training and Knowledge Enhancement for Managing and Operating Apartment Buildings specified in Appendix No. 05 issued together with Circular No. 10/2015/TT-BXD dated December 30, 2015, of the Minister of Construction.
3. The model Internal Regulations on the Management and Use of Apartment Buildings are provided for reference in Appendix No. 02 attached hereto and replace the model Internal Regulations on the Management and Use of Apartment Buildings specified in Appendix No. 01 issued together with Circular No. 02/2016/TT-BXD dated December 30, 2015, of the Minister of Construction.
4. Abolish the following provisions:
a) Appendix No. 05 of Circular No. 10/2015/TT-BXD dated December 30, 2015, of the Minister of Construction regarding training and knowledge enhancement for professional management and operation of apartment buildings;
b) Clause 4, Article 3, Title of Section 1, Section 2 of Chapter III, Article 27, and Appendix No. 7 of Circular No. 11/2015/TT-BXD dated December 30, 2015, of the Minister of Construction regarding issuance of real estate brokerage practice certificates; guidance on training and knowledge enhancement for real estate brokerage practices and management of real estate trading floors; establishment and operation of real estate trading floors;
c) Clause 7 and Clause 8, Article 36; Clause 2 and Clause 3, Article 46 of Circular No. 02/2016/TT-BXD dated April 2, 2016, of the Minister of Construction concerning the Regulation on the Management and Use of Apartment Buildings.
5. For regulations on the management and use of apartment buildings issued by ministries, sectors, and provincial/municipal people's committees before the effective date of this Circular that differ from the provisions of this Circular, they shall be implemented according to the provisions of this Circular.
6. During implementation, if difficulties or obstacles arise, please promptly report to the Ministry of Construction for guidance or amendment and supplementation as appropriate./.
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