Thông tư 05/2014/TT-BXD

CIRCULAR

AMENDING AND SUPPLEMENTING POINT A, CLAUSE 2, ARTICLE 17 OF THE REGULATION ON USE MANAGEMENT OF CONDOMINIUMS PROMULGATED TOGETHER WITH THE MINISTER OF CONSTRUCTION’S DECISION NO. 08/2008/QD-BXD OF MAY 28, 2008 (*)

Pursuant to the November 29, 2005 Housing Law;

Pursuant to the Government's Decree No. 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the Housing Law;

At the proposal of the Director of the Department of Housing and Real Estate Market Management;

The Minister of Construction promulgates the Circular amending and supplementing Point a, Clause 2, Article 17 of the Regulation on use management of condominiums promulgated together with the Minister of Construction Decision No. 08/2008/QD-BXD of May 28, 2008.

Article 1. To amend and supplement Point a, Clause 2, Article 17 of the Regulation on use management of condominiums promulgated together with the Minister of Construction’s Decision No. 08/2008/QD-BXD of May 28, 2008, as follows:

“a/ For a single-owner condominium, the owner shall pay condominium operation management funds, unless otherwise agreed between the owner and users.

For a multiple-owner condominium, owners and users shall contribute operation management funds on the principle of full coverage of funds for condominium operation management. Fund contribution levels shall be calculated on a monthly basis and apportioned to the apartment’s clearance dimensions or areas other than the apartment (including the area for vehicle parking) under private ownership of each owner.

Provincial-level People’s Committees shall provide brackets of condominium operation management funds in their localities as a basis for investors to calculate and provide condominium operation management funds, and collect them from owners and users (if condominiums’ Management Boards have not yet been established), or for condominium operation management enterprises to calculate and provide condominium operation management funds, and request Management Boards to report them to condominium meetings for approval (if condominiums’ Management Boards have been established).”

Article 2. Effect

1. This Circular takes effect on June 25, 2014.

2. For condominium apartment purchase and sale contracts signed before April 8, 2014 (the effective date of the Ministry of Construction’s Circular No. 03/2014/TT-BXD of February 20, 2014, amending and supplementing Article 21 of the Ministry of Construction’s Circular No. 16/2010/TT-BXD of September 1, 2010, specifying and guiding a number of provisions of the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the Housing Law), if parties agree to calculate the apartment floor area from the middle of walls, condominium operation management fund contribution levels shall be apportioned to the apartment’s clearance dimensions from the effective date of this Circular.

3. Any problems arising in the course of implementation should be reported to the Ministry of Construction for study, consideration, amendment and supplementation according to its competence.-