New Skyline Apartment Building (Van Quan Ward, Ha Dong District, Hanoi City)
Regarding this content, the Ministry of Construction said that on April 11, 2025, the Management Board of New Skyline apartment building sent document No. 08/2025/CV-BQT to the Minister of Construction regarding the settlement of the maintenance fund of New Skyline apartment building.
Pursuant to Document No. 08/2025/CV-BQT, dated April 28, 2025, the Department of Housing and Real Estate Market Management issued Document No. 361/QLN-QLNƠ requesting: "HUD studies the contents reflected by the Management Board at the above Project, thoroughly resolves the handover and settlement of maintenance costs for apartment buildings at this Project according to the provisions of law and reports to the Ministry of Construction the handling results according to regulations".
Insufficient settlement documents
On May 23, 2025, HUD issued document No. 2572/HUD-BQL1 reporting to the Ministry of Construction the content of the reflection of the New Skyline Apartment Building Management Board (attached document), in which HUD stated: "Up to now, although HUD Corporation has repeatedly urged and actively worked, the NewSkyline Management Board has not signed the Minutes determining the common/private area in the basement of the Building.
Therefore, there are not enough documents to settle the maintenance costs for the common property of the Building as stipulated in Clause 2, Article 142 of the 2023 Housing Law, Clause 6, Article 36 of Circular No. 02/2016/TT-BXD, Article 39 of Circular No. 05/2024/TT-BXD as a basis for HUD Corporation to settle and transfer the remaining maintenance costs to the NewSkyline Management Board. If the Management Board has not signed these minutes and HUD Corporation still transfers the entire maintenance costs to the Management Board, it is against the law....
Regarding the Investor's private ownership area in the basement: Total basement area is: 13,962.4 m², of which: basement B1 is 6,981.2 m² and basement B2 is 6,981.2 m².
The legal basis for HUD Corporation to determine the car parking area (4,313.8 m²) as the private property of the Investor in the basement of the Building is as follows: HUD Corporation does not allocate the value of this area into the apartment selling price; In the sales contract signed with the Customer, it is stated that the car parking area in the basement is the private property of the Investor. The audit results recorded the Corporation's assets for the car parking area in basements B1, B2 of CPA Vietnam Auditing Company Limited as 87 billion (attached).
HUD urgently works with New Skyline Management Board to resolve the issue.
Clause 1, Point a, Clause 2, Article 39 of the Regulations on management and use of apartment buildings issued together with Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction detailing a number of articles of the Housing Law stipulates:
"1. The handing over party and the handing over party of the maintenance fund for the common property of the apartment building are responsible for completing the procedures for settling the maintenance fund data according to the provisions of Point b, Clause 2, Article 153 of the Housing Law before proceeding with the handover of funds.
2. Documents for settling maintenance costs for common property include: a) Minutes of inventory, minutes of handover of apartment building documents, minutes of determining areas and equipment under common property of the apartment building according to regulations in Clause 2, Article 142 of the Housing Law;...".
Therefore, the Ministry of Construction recommends that the Building Management Board be responsible for coordinating with HUD to make a record of the areas and equipment under common ownership of the apartment building to complete the documents for settling maintenance costs for common ownership according to regulations.
HUD urgently contacts and informs the Management Board of specific working hours to resolve the handover and settlement of maintenance costs at the New Skyline apartment building in accordance with the law.
Phan Trang
Source: https://baochinhphu.vn/bo-xay-dung-yeu-cau-hud-giai-quyet-dut-diem-quyet-toan-quy-bao-tri-toa-nha-new-skyline-102250617165134511.htm
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