Chapter VI
IMPLEMENTATION
Article 18. Training operation of training facilities providing training, advanced training for apartment building operation management
1. Universities, colleges, vocational intermediate education institutions, training facilities, real estate trading enterprises eligible to provide education and training shall provide training for management of apartment building operation.
On the basis of framework program for training and advanced training for management of apartment building operation under Chapter V hereof, training facilities shall develop lectures and provide training to suit learners’ demand.
2. Training facilities for training and advanced training for management of apartment building operation shall:
a) develop specific training duration; situate locations for theory training and practice training that satisfy training demands;
b) choose and assign lecturers having knowledge and qualifications appropriate to training topic to provide training;
c) prepare management program, distribute lecturers for training, manage learners, issue certificate of completion of training, advanced training for management of apartment building operation in accordance with housing laws;
d) comply with regulations on inspection, examination, and penalties of competent authority; submit training reports to Ministry of Construction, provincial housing authorities of provinces and cities where training and advanced training take place on a six-monthly basis or irregular basis at request of these authorities;
dd) implement other relevant regulations during training and issuance of certificate of completion of training, advanced training for management of apartment building operation as per the law.
Article 19. Responsibility of local government
1. Provincial People’s Committees have the responsibility to:
a) request local authority to review, amend, promulgate regulations within the powers of provincial People’s Committees relevant to this Circular in a manner compliant with the Law on Housing and documents elaborating this Law;
b) organize implementation of housing laws and this Circular;
c) conduct inspection, examination, and take actions within their powers or request competent authority to take actions against violations of housing laws and this Circular in their provinces and cities;
d) publicize and educate local organizations and individuals about housing laws;
dd) handle complaints within their powers during implementation of this Circular or request competent authority to take actions as per the law;
e) perform other duties in accordance with the Law on Housing or duties assigned by the Government and/or Prime Minister.
2. Provincial housing authority have the responsibility to:
a) take charge and cooperate with local authority in determining expenditure on developing provincial housing development programs, plans and requesting provincial People's Committees to review and decide in accordance with this Circular;
b) Monitor and submit reports on houses for lease of foreigners in their provinces and cities to provincial People’s Committees and Ministry of Construction in accordance with this Circular;
c) monitor, expedite, and provide guidelines on management of apartment building operation and use;
d) conduct inspection, examination, and take actions within their powers or request competent authority to take actions against violations of this Circular;
dd) execute other duties in accordance with the Law on Housing, duties assigned by the Government or the Prime Minister or provincial People’s Committees.
3. District and commune People’s Committees shall execute duties assigned to them in accordance with housing laws, this Circular, and local government organization laws.
Article 20. Transition clauses
1. Carry-over of expenditure on developing provincial housing development programs and plans:
a) Where provincial People’s Committees have approved expenditure on provincial housing development programs and plans before the effective date hereof, the approved expenditure still prevails;
b) Where provincial housing authority has submitted scheme and estimate on expenditure on developing, amending provincial housing development programs and plans before the effective date hereof but provincial People’s Committees have not approved the expenditure, provincial housing authority shall re-calculate expenditure on developing, amending provincial housing development programs and plans in accordance with this Circular and submit to provincial People’s Committee for approval.
2. Where individuals wishing to build houses of at least 2 storeys and less than 20 dwelling units with dwelling units designed, built for lease apply for construction permit before the effective date hereof and have not received the construction permit issued by competent authority after the effective date hereof, the applying individuals must review and adopt additional requirements pertaining to housing construction under this Circular before obtaining construction permit.
Where construction permit is exempted in accordance with construction law and construction is not complete as of the effective date hereof, individuals investing in housing construction must inform commune People's Committees about information under Clause 1 Article 4 hereof.
3. Training facilities that are providing training and advanced training for management of apartment building operation must develop lectures, survey, practice sessions in accordance with framework programs, assign lecturers appropriate to topics pertaining to management of apartment building operation under this Circular within 12 months from the effective date hereof.
4. Carried over regulations pertaining to management and use of apartment buildings shall conform to Regulation on management and use of apartment buildings attached hereto.
5. Where contracts for purchase, lease purchase, lease of relocation housing, old houses under public property have not been signed by the parties as of the effective date hereof, the parties must enter into new contracts using contract forms attached hereto.
Article 21. Entry into force
1. This Circular comes into force from August 01 of 2024.
2. The following Circulars are annulled:
a) Circular No. 05-BXD/DT dated February 9 of 1993 of Ministry of Construction;
b) Joint Circular No. 13/LB-TT dated August 18 of 1994 of Ministry of Construction, Ministry of Finance, Government Authority of Pricing;
c) Circular No. 11/2008/TT-BXD dated May 5 of 2008;
d) Circular No. 37/2009/TT-BXD dated December 1 of 2009 of the Minister of Construction;
dd) Circular No. 09/2015/TT-BXD dated December 29 of 2015 of Minister of Construction;
e) Circular No. 02/2016/TT-BXD dated February 15 of 2016 of Minister of Construction;
g) Circular No. 19/2016/TT-BXD dated June 30 of 2016 of Minister of Construction;
h) Circular No. 28/2016/TT-BXD dated December 15 of 2016 of the Minister of Construction;
i) Circular No. 31/2016/TT-BXD dated December 30 of 2016 of the Minister of Construction;
k) Circular No. 06/2019/TT-BXD dated October 31 of 2019 of the Minister of Construction;
l) Circular No. 07/2021/TT-BXD dated June 30 of 2021 of the Minister of Construction;
m) Circular No. 09/2021/TT-BXD dated August 16 of 2021 of the Minister of Construction;
n) Circular No. 03/2023/TT-BXD dated April 28 of 2023 of the Minister of Construction.
3. Where provisions under legislative documents promulgated by the Minister of Construction, other ministries, central departments, and provincial People’s Committees differ from provisions under this Circular, the provisions under this Circular will prevail.
4. Difficulties that arise during implementation of this Circular should be reported to the Ministry of Construction./.
Tìm kiếm
Thông tư 05/2024/TT-BXD (Bản Pdf)
Thông tư 05/2024/TT-BXD (Bản Word)