About to inspect a series of apartments, the investor runs out of doors for maintenance funds

Inspectors in 11 provinces and cities, severely punished

The Ministry of Construction has just responded in writing to voters’ petitions in Hanoi and Thai Binh province regarding the management and operation of apartment buildings.

Accordingly, voters proposed to study and submit amendments and supplements to the Law on Housing and the Law on Construction related to regulations on management of apartment buildings, because the number of apartments in the area of ​​large urban areas, many conflicts between investors, management and people.

During the past 7 years, residents of Hoa Binh Green City apartment building (505 Minh Khai, Hai Ba Trung, Hanoi) have repeatedly put up banners asking the investor to return the pink book, “suing” the investor for misappropriating the maintenance fund. . In July 2021, Hai Ba Trung District People’s Committee requested the investor to immediately hand over the entire maintenance cost of the apartment complex to the management board.

Responding to voters, the Ministry of Construction said that, in general, the current legal regulations on management and use of apartment buildings are relatively complete, creating a legal corridor to regulate most related activities. to manage, operate and use apartment buildings.

Related to this issue, in 2019, the Ministry of Construction submitted Report No. 672 to the National Assembly’s Law Committee to organize an explanation session on the implementation of the law on management and use of business. maintenance fee current apartment buildings, problems and inadequacies and solutions.

In particular, according to reports of localities, currently more than 90% of apartment buildings in the whole country, especially in big cities including Hanoi city, are managed, operated and used safely. There are very few disputes and complaints.

On May 13, 2019, the Law Committee of the National Assembly issued a written conclusion to the explanation session on the implementation of the law on management and use of current apartment maintenance funding, problems and shortcomings and disassembly solution.

In this document, the Law Committee of the National Assembly has also proposed the Ministry of Construction continue to improve the law, strengthen the work, inspection and examination, and coordinate with relevant agencies in handling the case. definitively handle related disputes and complaints….

In 2021, the Ministry of Construction has issued Directive No. 02 on strengthening the management and use of funds for maintenance of the shared area of ​​the apartment building. in some localities.

The Ministry of Construction will conduct a large-scale thematic inspection of the management and use of funds for the maintenance of shared apartment buildings in 11 provinces and cities to detect and strictly handle violations.

Also according to this Ministry, in 2022, the Ministry will continue to issue Inspection Plan No. 1258 in which it will conduct a large-scale thematic inspection on the management and use of funds for maintenance of the shared area of ​​the apartment building above. 11 provinces and cities: Hanoi, Ho Chi Minh City, Da Nang, Bac Giang, Hai Duong, Hai Phong, Quang Ninh, Ninh Binh, Binh Duong, Ba Ria – Vung Tau and Long An.

The ministry affirmed that when detected, it will strictly handle violations in the field of management and use of apartment buildings.

Fix the law to block “om” maintenance funds

In addition, the Ministry of Construction said that it has assessed and summarized the implementation of the provisions of the 2014 Housing Law, including the implementation of regulations related to the management and use of housing. apartment and submitted a report to the Government on the application for the development of the Housing Law (amended).

At the meeting on the topic of legislation in January 2022, the Government issued Resolution No. 13 dated January 30, 2022 approving the proposal to develop a law project.

The Ministry of Construction is working with relevant ministries and branches to continue taking steps in accordance with the Law on Promulgation of Legal Documents to report to the National Assembly for consideration and approval of the Resolution on submitting the Housing Law project. Amendment) to the Law and Ordinance Development Program in 2022 at the 3rd session (May this year) of the XV National Assembly.

Expected time for submission to the National Assembly for the first opinion on the Housing Law (amended) project at the 4th session (October of this year) of the XV National Assembly and approval of the Law project at the 5th session (May 2023) of the 15th National Assembly. If approved, the Housing Law Project (amended) will take effect from January 1, 2024.

Previously, the Ministry of Construction had issued 18 inspection conclusions for 18 investors and 17 management boards at 24 apartment buildings/apartment clusters. 12/18 investors were forced to deposit into the account the maintenance funds according to regulations and finalization to immediately transfer to the management board of the apartment building with a total maintenance cost of more than 344 billion VND, forcing 5/18 owners investment to return 2,080 m2 of encroached area to residents (worth about 62.4 billion VND).

At the same time, the Ministry’s inspection agency has sanctioned 8/18 investors for administrative violations, totaling 1.03 billion VND.

Conveniently style