Conditions permitting enterprises are managed and operated apartments

Wed, 11 Jul 2018 14:30:05 PM GMT + 7    Print   Email   Share:

 (Chinhphu.vn) – Via the Geleximco Group (in Hanoi) requested the competent agencies to provide a number of regulations on capability conditions of the condominium operation management unit and contracts for purchase and sale of dwelling houses for resettlement.


The Geleximco Group is working on a number of projects to renovate old condominiums. Under the provisions of Article 6 of Circular No. 21/2016 / TT-BXD on signing contracts to arrange resettlement houses, where compensation is provided by dwelling houses and arranged in place resettlement, the owner of the condominiums shall be demolished to sign contracts with the investors or the units assigned to arrange the resettlement..

Contracts for purchase, sale and arrangement of resettlement houses shall be made according to a set form in Appendix 02 ; The contract on rent-purchase and arrangement of resettlement houses shall be made according to the form in Appendix 03 to this Circular.

Under the project of the Group, residents will be resettled in place and make additional payment for the difference area of ​​the new apartment after deducting the compensation area.

However, for the area of ​​defects by the residents of the investors, it will apply the provisions of the Real Estate Business Law. Then, for this area, investors can only sell houses in the future when the project has completed the foundation and some other conditions (different from the time of signing contract for compensation), while Annex 2 of the Circular No. 21/2016 / TT-BXD has agreed on both areas (compensation area + additional area).

Through the receiving and responding system, can the Geleximco Group apply the form in Appendix 02 to negotiate the compensation and additional purchase area after construction?. If so, when is the time allowed to sign this contract? Does the group have to comply with the conditions for the sale of houses in the future established in the Law on Real Estate business?

Regarding this issue, The Ministry of Construction has the following opinions:

According to the provisions of Clause 2, Article 105 of the Housing Law 2014, the units managing the operation of condominiums must fully meet the functional and capability requirements according to the following regulations:

- Being established and operating in accordance with the Enterprises Law or the Cooperatives Law and having the function of condominium operation management;

-  Having professional sections for condominium operation management, including technical, service, security, sanitation and environmental protection sections;

-  Having employees who meet requirements on house operation management in the fields of construction, electricity and water technique, fire prevention and fighting, operation of equipment and facilities attached to condominiums and possess certificates of training in condominium operation management knowledge and skills under regulations of the Minister of Construction.

Under Clause 9, Article 3 of the Ministry of Construction 's Circular No. 28/2016 / TT-BXD of December 15, 2016, amending and supplementing a number of provisions of the Circular No. 10/2015 / TT-BXD dated December 30, /2015, the Circular No. 11/2015 / TT-BXD dated December 30, 2015 and some provisions of the regulation on management and use of condominiums, issued together with the Circular No. 02/2016 / TT -BXD dated February 15, 2016 of the Ministry of Construction, when fully meeting the conditions on function and capability to manage condominiums operation, the operation management unit shall clearly write the name and address only the telephone number attached to the certified copy of the document proving the satisfaction of the above conditions shall be sent to the Department of Construction where the unit is located or Department of Housing Management and Real Estate Market to check the records, if enough conditions, then publish information on the portal of their units to serve the management.

In cases where the papers are not enough, the provincial / municipal Construction Services, the House Management Department and the Real Estate Market shall request the units to manage and supplement the missing papers.

The condominiums' conference shall refer to information posted on the website of the Construction Department or the Department of House Management and the Real Estate Market in order to select the operation management unit to suit the specific conditions. of each apartment building and apartment complex.

In comparison with the above provisions, the Geleximco Group, when participating in the management and operation of condominiums apart from having the functions of managing and operating condominiums stated in the enterprise registration certificates, The technical, service, security, hygiene and environmental protection departments and their staff must have a certain level of competence in the fields of construction, electrical engineering, fire extinguishers, operation of equipment attached to condominiums and staff (including directors, deputy directors and staff working in the above four divisions) must have a certificate of training, fostering professional knowledge on operation management of condominiums; In cases where the Geleximco Group wishes to set up a department or set up a management board under the Group to manage the operation of the condominium, the division or department shall also have its professional sections Applicable in accordance with the above provisions.

The signing contracts for purchase and sale of resettlement houses

Regarding the agreement on compensation and resettlement, as stipulated in Article 9 and Article 14 of the Government's Decree No. 101/2015 / ND-CP dated October 20, 2015 on renovating and rebuilding common houses, the owner must prepare a plan for compensation, support and resettlement to submit to the provincial People's Committee for approval (including the contents of housing area to be compensated and the housing area to be purchased more). Basing on the compensation, support and resettlement plans already approved by the provincial People's Committees, investors and apartment owners shall sign contracts for sale or arrangement of resettlement dwelling houses according to forms guided by the Ministry of Construction.

Accordingly, based on the above-mentioned provisions, investors may apply forms of sale and purchase contracts and resettlement houses arranged by the Ministry of Construction as prescribed in the Circular No. 21/2016 / TT-BXD dated June 30, 2016 of the Ministry of Construction guiding the implementation of a number of provisions of the Decree No. 101/2015 / ND-CP for the purchase of housing area for ​​compensation and the housing area is purchased more.

Regarding conditions for signing contracts for purchase and sale as well as arrangement of resettlement houses, according to the provisions of Point a, Clause 2, Article 12 of Decree No. 101/2015 / ND-CP, investors of renovation and reconstruction projects of condominiums shall be responsible for carrying out the provisions of Clauses 1, 2, 3, 5, 6, 7, 8, 9 and 10, Article 26 of the Housing Law.

Specifically, in Item 6, Article 26 of the Housing Law has stipulated, the owner of the project is responsible for fulfillment of their commitments in product trading contracts of the project, handing over transacted houses and title documents thereof to customers; conducting house purchase and sale, lease, lease-purchase and trade in land use rights in accordance with the real estate business law.

Thus, in comparison with the above mentioned provisions, the signing contracts for purchase, sale and arrangement of resettlement dwelling houses to be formed in the future between investors and condominium owners must comply with business conditions  formed housing estates in the future that defined in the Law on Real Estate Business and documents guiding the implementation of this Law.


  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic


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