Vietnam has accelerated the implementation of the Housing Development Strategy in general and the development of apartment buildings in particular, contributing significantly to meet the demand of people on housing. Up to now, the management and use of apartment buildings have gradually been put into order, contributing to ensuring social order and safety, improving living conditions and creating civilized living environment for urban people, stated by Deputy Minister Nguyen Van Sinh.
However, recently disputes and complaints between parties involved in the management, operation and use of apartment buildings affected to the security and social safety in some localities. Implementation of Directive No. 29 / CT-CP of the Government on strengthening the effectiveness of management and operation of condominiums, The Ministry of Construction organized the workshop to evaluate the situation of implementation in the management, operation and use of condominiums over time; compliance with relevant laws and regulations; as well as listen to comments from local management agencies, investors, management boards in some projects on difficulties and obstacles in reality; inadequacies of legal documents aiming to improve the efficiency of State management.
According to the report of the Ministry of Construction's Housing and Real Estate Market Management Department, there are about 3,000 apartment buildings in the whole country, mainly in Hanoi and Ho Chi Minh City. By the end of the second quarter of 2018, across the country, there were 108 projects involving disputes and complaints between residents and investors related to issues of using maintenance funds, management and operation funding, distinguishing common and private ownership areas.
The whole workshop
At the workshop, representatives expressed many opinions to analyse the causes of disputes and complaints between residents and investors, including causes from unclear provisions: How to calculate the area of apartments, technical boxes, common and private areas. Sanctions against violations are not appropriate, incomplete, not strong enough for management requirements and the actual situation. Some investors are not capable in implementing projects, transferring projects in contravention of regulations, violating the law of construction investment, the law of housing, the law of fire prevention and fighting. In addition, there are some investors who only pay attention to profit from selling apartments; not fully disclosing the project information and project changes during the implementation of the investment.
Besides, the state management role of specialized agencies and local authorities in some places has not been well implemented; the role of investors, management boards and operation units and the sense, responsibility of owners, apartment users in some condominiums that have not met the model of apartment buildings management and use. Obstacles, conflicts of interests have not been discussed by the dialogue to reconcile the interests of the parties in accordance with the law.
To conclude the workshop, on behalf of the leadership of the MoC, Deputy Minister Nguyen Van Sinh thanked the participants for their important opinions to solve difficulties and problems in the management, operating and using apartment buildings. The Ministry of Construction will synthesize, study, absorb and propose to the Government the contents that need to be amended and supplemented in legal documents on housing to suit the reality.
Written by: Tran Dinh Ha
Translated by: Mai Anh