Solving the problem of managing and utilizing apartment buildings in Ho Chi Minh City.

On October 31st, a Business-Government Dialogue Conference was held in Ho Chi Minh City with the theme "Guidance and exchange on the management and use of apartment buildings in Ho Chi Minh City".

This is a live dialogue event, organized by the Department of Construction in coordination with the Ho Chi Minh City Trade and Investment Promotion Center, to demonstrate the city government's commitment to supporting, listening to, and resolving issues for apartment building management boards, residents, and businesses.

Many "hot" issues regarding apartment housing.

The organizers addressed and resolved the issues raised by investors and apartment building management boards at the conference.

At the conference, the organizing committee presented and guided participants on new points in the housing law and received and answered questions and suggestions from apartment building management boards and businesses on many practical issues, reflecting urgent problems in the operation and management of apartment buildings in Ho Chi Minh City, such as: the legal status, rights and obligations of apartment building management boards; the process of electing, dismissing, and replacing members of the management board, as well as the registration of tax codes, opening bank accounts and using maintenance funds and operational management funds; proposals for mechanisms to handle cases of delays, disputes or incomplete handover of maintenance funds; and the collection, expenditure, declaration and payment of taxes for the operation of apartment buildings.

The process of repairing, renovating, and changing the design of apartments or the exterior of the building; ensuring safety, security, and fire prevention, especially regarding electric vehicle charging, handling throwing objects from above, managing pets, and regulations for handling violations within the apartment complex; organizing apartment building conferences, soliciting resident opinions, attendance rates, and proposing adjustments to some regulations in the Housing Law 2023 and Circular 05/2024-TT-BXD to suit the practical management and operation of apartment buildings in Ho Chi Minh City.

The event attracted hundreds of building management boards, residents, and apartment developers.

“Managing and operating apartment buildings is a key, long-term task requiring the coordinated efforts of the government, businesses, and residents. In the coming time, the Department will continue to strengthen guidance, inspection, and supervision, and strictly handle violations in the management and operation of apartment buildings; promote the application of information technology, improve the housing management database, ensuring transparency and connectivity with resident data; enhance the professional capacity of staff and operating units, while promoting the role of the Management Board, residential groups, and the community in monitoring and management; and closely coordinate between departments, agencies, and local authorities to promptly resolve arising issues and create a safe, civilized, and sustainable living environment for residents,” Mr. Nam added.

According to the developer's representative, some apartment building management units have received guidance from authorities stating that "for payments collected and disbursed on behalf of others, the unit does not need to issue invoices but only needs to prepare receipts and disbursement documents as sufficient accounting basis." However, in practice, this regulation still causes confusion for many units during implementation.

A representative of an investor presented the difficulties encountered at the conference.

Ms. Nguyen Thi Thanh Huong, Deputy Head of the Management Board of an apartment building in Phu Tho Ward (Ho Chi Minh City), shared: “Attending this conference, I hope the Department of Construction and other relevant departments and agencies will continue to create more favorable conditions for apartment buildings to easily complete various permits, including environmental permits. Besides that, regarding taxation, we urgently need specific guidance to facilitate the declaration and reporting process for apartment building management boards. Currently, regulations on taxes for apartment buildings are not yet truly clear, so management boards still encounter many difficulties during implementation.”

Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association, commented: “A 20-25 story apartment building typically has an average maintenance budget of around 20 billion VND, with some buildings even reaching hundreds of billions of VND, and some even up to 500 billion VND. This is a very large asset, and if not strictly managed, it can easily be exploited by unscrupulous individuals, affecting the legitimate rights of residents. Therefore, in my opinion, strong and thorough measures are needed to definitively address violations related to the maintenance fund. Current laws also clearly stipulate that "depending on the severity of the violation by the investor or management board, administrative penalties or criminal prosecution may be applied."

Ms. Nguyen Thi Thanh Huong, Deputy Head of the Management Board of an apartment building in Phu Tho Ward (Ho Chi Minh City), presented her opinion at the conference.

Enforcing the handover of the maintenance fund to protect residents' rights.

Mr. Nguyen Tien Huong, Head of the Housing and Real Estate Market Management Department of the Ho Chi Minh City Department of Construction, said: “Previously, before the establishment of the management board, the maintenance fund was managed by the investor, and in some cases, the investor even used this fund for their own purposes. However, now the legal regulations are very strict, better protecting the rights of residents. The Housing Law also stipulates that the investor must open a separate account for the maintenance fund and is not allowed to use the money in it.”

A view of the City Business-Government Dialogue Conference with the theme "Guidance and exchange on the management and use of apartment buildings in Ho Chi Minh City".

When a condominium management board is established, the developer must hand over the entire maintenance fund to the board for management. Currently, the Housing Law and Decree 95 clearly stipulate that the responsibility and authority to enforce the collection of maintenance funds belong to the commune-level government.

Specifically, if the developer still holds the maintenance fund account, the competent authority will enforce the transfer of funds from that account to the management board. In cases where the developer no longer has or has used up the maintenance fund, the authorities are permitted to enforce the seizure of the developer's operating account to transfer the corresponding amount to the apartment building's management board.

Residents and the management board directly discussed and presented the difficulties they were facing in the apartment building.

Mr. Tran Sy Nam, Deputy Director of the Ho Chi Minh City Department of Construction, said that in recent years, the system of legal documents on the management and use of apartment buildings has been developed and promulgated, including Laws, Decrees, and Circulars; at the same time, the Prime Minister, the Ministry of Construction , and the People's Committee of Ho Chi Minh City have issued Directives to strengthen inspection and rectification of the management and operation of apartment buildings, ensuring fire safety.

“Managing and operating apartment buildings is a key, long-term task requiring the coordinated efforts of the government, businesses, and residents. In the coming time, the Department will continue to strengthen guidance, inspection, and supervision, and strictly handle violations in the management and operation of apartment buildings; promote the application of information technology, improve the housing management database, ensuring transparency and connectivity with resident data; enhance the professional capacity of staff and operating units, while promoting the role of the Management Board, residential groups, and the community in monitoring and management; and closely coordinate between departments, agencies, and local authorities to promptly resolve arising issues and create a safe, civilized, and sustainable living environment for residents,” Mr. Nam added.

Mr. Tran Sy Nam, Deputy Director of the Ho Chi Minh City Department of Construction, delivered a speech at the conference.

With a spirit of solidarity, responsibility, and innovation, along with the proactive participation of all stakeholders, the Department of Construction of Ho Chi Minh City believes that the management, operation, and use of apartment buildings in the city will become increasingly orderly and efficient, contributing to the realization of the goal of building Ho Chi Minh City into a civilized, modern, and compassionate city, worthy of being the economic locomotive of the whole country.

Source: https://baotintuc.vn/van-de-quan-tam/giai-bai-toan-ve-cong-tac-quan-ly-su-dung-nha-chung-cu-tai-tp-ho-chi-minh-20251031151713913.htm