Thông tư 31/2016/TT-BXD quy định việc phân hạng và công nhận hạng nhà chung cư do Bộ trưởng Bộ Xây dựng ban hành

CIRCULAR

ON CLASSIFICATION AND RECOGNITION OF APARTMENT BUILDINGS

Pursuant to the Government's Decree No. 62/2013/ND-CP dated June 25, 2013 on functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Law on Housing dated November 25, 2014;

At the request of Director of Department of Housing and Real Estate Management,

The Minister of Construction shall promulgate a Circular on classifying apartment buildings and recognizing classes thereof.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular deals with classification, criteria for classification, applications for recognition, power and procedures for recognition of apartment building classes (including those for residential and mixed purposes).

This Circular shall not apply to apartment buildings built before 1994.

Article 2. Regulated entities

1. Investors of apartment building projects; management boards of apartment buildings; owner-occupiers and occupiers in apartments.

2. Regulatory agencies relating to the classifying apartment buildings and recognizing classes thereof (hereinafter referred to as classification and recognition).

3. Other relevant organizations and individuals.

Article 3. Purposes and requirements for classification and recognition

1. Apartment buildings shall be put into multiple classes so as to be valued for the purpose of management or dealing on the market.

2. Each apartment building shall be classified and recognized individually in accordance with the following requirements:

a) An application shall be submitted by an organization or individual prescribed in Article 4 hereof;

b) The apartment building is built in accordance with the detailed planning approved by competent authorities; in accordance with construction permit that has been issued (if required by law on construction);

c) The apartment building is built in accordance with national technical regulation on apartment buildings and other relevant national technical regulations;

d) The construction of apartment building has been completed in accordance with law on housing, construction and relevant law provisions, has been put into operation and absent from any violation against regulations of law until the date on which the application for recognition is submitted;

dd) The apartment building is neither supposed to be demolished nor located in an area that is required to be expropriated under a competent authority’s decision.

Chapter II

CLASSIFICATION AND RECOGNITION

Article 4. Applicants for recognition

1. In case of a multi-occupier apartment building in which a management board is required to be formed as prescribed in the Law on Housing, the following entity shall be considered as an applicant for recognition:

a) In case of absence of a management board, the investor is the applicant;

b) In case of presence of a management board, the management board is the applicant.

2. In case of a multi-occupier apartment building in which a management board is not required to be formed as prescribed in the Law on Housing, a written consent of more than 50% of total occupiers to apply for recognition shall be required.

3. In case of a single-occupier apartment building (regardless of presence of the management board), the occupier is the applicant.

Article 5. Criteria for classification

The classification shall be carried out according to 4 groups of criteria below:

1. Planning and architecture.

2. System and technical equipment.

3. Services and infrastructure.

4. Quality, management, operation.

Article 6. Classification

Apartment buildings are put into one of 3 classes below:

1. Class A: those that meet all requirements prescribed in Clause 2 Article 3 hereof and meet at least 18 in total 20 criteria specified in Appendix 01 issued herewith.

2. Class B: those that meet all requirements prescribed in Clause 2 Article 3 hereof and meet at least 18 in total 20 criteria specified in Appendix 02 issued herewith.

3. Class C: those that meet all requirements prescribed in Clause 2 Article 3 hereof but fail to meet sufficient criteria to be put into class A or class B as prescribed in Clause 1 and Clause 2 of this Article.

Article 7. Applications for recognition

1. An application form for recognition using the form prescribed in Appendix 03 issued herewith.

2. A certified true copy of apartment building construction permit (if required by law on construction);

3. A certified true copy of a decision on detail planning approval on 1:500 scale or an acceptance of site plan of the apartment building (if a detail planning on 1:500 scale is not required) enclosed with a site plan of the apartment building that has been approved by a competent authority.

4. A certified true copy of a written assessment issued by a competent authority enclosed with a basic design drawing in accordance with law on construction.

5. A certified true copy of findings about inspection of taking-over of the apartment building issued by a construction authority.

6. A written self-declaration and self-recognition using the form prescribed in Appendix 04 issued herewith.

Article 8. The power to recognize classes and procedures for recognizing classes

1. The Service of Construction of province or central-affiliated city where apartment buildings are located (hereinafter referred to as Service of Construction) shall recognize classes of these apartment buildings within the province as prescribed in this Circular.

2. Procedures for recognizing class of an apartment building:

a) An application for recognition shall be submitted as prescribed in Article 7 of this Circular to Service of Construction. Service of Construction shall receive and verify the application; in case of insufficiency, Service of Construction shall, within 3 working days from the date of receipt, give a notice of providing lacking documents;

b) Within 15 days, from the date on which sufficient application is received as prescribed in Article 7 of this Circular, the Service of Construction shall verify the application and undertake a visit to the apartment building;

c) If the apartment building meets requirements prescribed in Article 3 and criteria prescribed in Article 6 hereof, the Service of Construction shall promulgate a decision on recognition using the form in Appendix 05 issued herewith.

If the apartment building does not meet requirements and criteria as prescribed, the Service of Construction shall provide the applicant with explanation in writing;

d) Within 3 working days from the date on which the decision on recognition is promulgated, the Service of Construction shall post the decision on its website and send the decision to the applicant for the purpose of disclosing that to owner-occupiers and occupiers of the apartment building.

3. The decision on recognition prescribed in this Circular remains valid in 5 years. When it expires, the Service of Construction shall delete information and the decision that has been posted on its website and give notices of such expiration to the owners, the management board, and the investors (if any).

4. During an inspection, if a recognized apartment building is considered that it no longer meets criteria as it used to or in case of any violation against law on housing, construction and relevant law provisions, the Service of Construction shall annul the decision on recognition, delete relevant information and the decision on recognition posted on the website and give notices of such annulment to the owners and the investors (if any).

5. Service of Construction shall cooperate with Services of Finance in requesting the People’s Committee of province to provide for a budget for verification of applications and recognition of classes in accordance with reality of the province.

Each applicant for recognition shall pay a fee as prescribed in this Clause.

Article 9. Recognition of modification and re-recognition

1. The recognition of modification or re-recognition shall be carried out at the request of applicants prescribed in Article 4 of this Circular.

2. If an applicant prescribed in Article 4 hereof wishes to modify the class of an apartment building, in case the decision on recognition still remains valid as prescribed, it shall submit an application prescribed in Clause 3 of this Article to Service of Construction for verification and recognition of modification. Procedures for recognition of amendment shall be consistent with Clause 2 Article 8 of this Circular.

When a modified decision on recognition is given, Service of Construction shall revoke the unexpired original decision on recognition for archives and post relevant information and the modified decision on its website.

3. An application for modification includes:

a) An application form for modification using the form prescribed in Appendix 03 issued herewith;

b) A self-declaration and self-recognition using the form prescribed in Appendix 04 issued herewith.

c) A certified true copy of the unexpired decision on recognition.

4. If an applicant prescribed in Article 4 hereof wishes to have the apartment building class recognized, in case the decision on recognition is expired as prescribed, it shall submit an application prescribed in Clause 7 of this Article to Service of Construction for verification and re-recognition. Procedures for re-recognition shall be consistent with Clause 2 Article 8 of this Circular.

5. Each applicant for re-recognition or modification prescribed in Clause 2 and Clause 3 of this Article shall pay a fee for verification prescribed in Clause 5 Article 8 of this Circular.

Chapter III

INSPECTION AND ACTIONS AGAINST VIOLATIONS

Article 10. Inspection of classification and recognition

1. Department of housing and real estate market management shall carry out inspections and take charge and cooperate with agencies affiliated to the Ministry of Construction and relevant agencies in carrying out regular and irregular inspection of classification and recognition nationwide.

2. Services of Construction of provinces shall carry out inspections or take charge and cooperate with relevant agencies of the provinces in carrying out regular and irregular inspection of classification and recognition within the provinces.

Article 11. Violations

1. Recognition, re-recognition, or recognition of modification of an apartment building that does not meet requirements or criteria prescribed in this Circular.

2. Falsifying documents in the application for recognition, re-recognition, or recognition of modification.

3. Falsifying recognized information or advertising or making public the class of the apartment building while the competent authority has not recognized it as prescribed in this Circular.

Article 12. Actions against violations

1. In case of any violation prescribed in Clause 1, Clause 2 Article 11 of this Circular, Service of Construction shall annul the decision on recognition and announcement; delete relevant information and the decision on recognition posted on its website and give notices of such annulment to the owners and the investors (if any).

2. An entity committing a violation prescribed in Article 11 of this Circular shall, depending on its nature, be liable for administrative penalty or criminal prosecution as prescribed by law; in case of any damage, indemnification is required as prescribed.

Chapter IV

IMPLEMENTATION

Article 13. Responsibilities of People's Committees of provinces and Services of Construction

1. Each People's Committee of province shall:

a) Direct Service of Construction to carry out recognition, re-recognition, or modification in the province as prescribed in this Circular;

b) Take actions against violations within its competence or request the competent authority to take actions as prescribed in this Circular.

2. Service of Construction shall:

a) Provide guidelines or carry out recognition, re-recognition, and recognition of modification as prescribed in this Circular;

b) Send biannual reports on classification and recognition in the province to the Ministry of Construction and send irregular reports upon request of the Ministry of Construction;

c) Carry out other duties as prescribed in this Circular and under direction of the People's Committee of province.

Article 14. Responsibilities of Department of housing and real estate market management

1. Provide guidelines and expedite the implementation of this Circular.

2. Take charge and cooperate with Services of Construction of provinces in carrying out regular and irregular inspection of classification and recognition nationwide.

3. Send consolidated reports on classification and recognition to the Minister of Construction nationwide; study and request the Minister of Construction to amend this Circular in accordance with reality.

Article 15. Entry in force

1. This Circular comes into force from February 15, 2017.

2. Circular No. 14/2008/TT-BXD dated June 2, 2008 of the Minister of Construction on guidelines for classification of apartment buildings shall be annulled from the effective date of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for appropriate guidelines or amendments./.

APPENDIX 01

CRITERIA FOR CLASS A APARTMENT BUILDING
(Issued together with Circular No. 31/2016/TT-BXD dated December 30, 2016 of the Minister of Construction)

I. Planning - Architecture

II. System, technical equipment

III. Services, infrastructure

IV. Quality, management, operation

APPENDIX 02

CRITERIA FOR CLASS B APARTMENT BUILDING
(Issued together with Circular No. 31/2016/TT-BXD dated December 30, 2016 of the Minister of Construction)

I. Planning - Architecture

II. System, technical equipment

III. Services, infrastructure

IV. Quality, management, operation