On February 27, 2025, the People's Committee of Ho Chi Minh City issued Decision No. 26/2025/QĐ-UBND, regulating the management and use of apartment buildings in Ho Chi Minh City ("Decision 26"). Decision 26 serves as an important legal basis for strengthening the management of apartment building usage and addressing several practical issues arising from their operation in the city.
1. Strengthened Management of Apartment Building Use and Operation
Accordingly, Ho Chi Minh City will enhance strict management of apartment building usage and operation based on the following principles:
a. Expansion of Entities Subject to Management
To align with the current Law on Real Estate Business and the Law on Housing, as well as the practical conditions of Ho Chi Minh City, Decision 26 stipulates that mixed-use apartment buildings and multi-story, multi-apartment housing (commonly referred to as "mini apartments") are also subject to the regulations of this decision.
b. Ensuring Proper Use of Apartments Without Disrupting Residents' Activities
+ Mixed-use apartment buildings may contain units used as tourist accommodations and/or functional areas for office, commercial, and service business activities. Accordingly, businesses and individuals must ensure that these apartments and functional areas are used strictly for their approved purposes as per the project dossier and related documents.
+ Business activities within apartment buildings must comply with relevant legal conditions and must adhere to the principle of "not disrupting the normal activities of residents living in the building."
+ For residential apartments, leasing must be strictly for residential purposes. Lease agreements must be documented in written contracts specifying the intended use. These contracts serve as the basis for determining the responsibilities of the owner or tenant in case of improper use.
2. Addressing Practical Issues
Decision 26 outlines solutions to several real-world issues as follows:
a. Clear Definition of Parking Space Areas in Apartment Buildings
Decision 26 requires that when the investor hands over the building’s documentation, they must also provide a site plan of the parking areas. This must clearly differentiate between spaces designated for apartment owners and users, including common ownership parking spaces, car parking areas, and public parking zones.
Ownership of parking spaces in apartment buildings is determined according to legal provisions, purchase or lease agreements, or separate contracts. Any purchase agreements between parties must fully comply with legal requirements for civil contracts.
b. Expanding the Authority of Apartment Building Conferences in Managing and Utilizing Commonly Owned Areas
Decision 26 establishes principles for the utilization of common ownership areas in apartment buildings, including the approval of service types, designated locations and areas for business activities, lease terms, starting prices or listed prices, and any reasonable and legitimate expenses (if applicable). These matters will be decided by the Apartment Building Conference.
Additionally, revenue generated from leasing or utilizing common ownership areas, after deducting reasonable expenses, must be deposited into the building’s maintenance fund and used for maintaining the shared facilities of the apartment building.
This provision significantly expands the authority of the Apartment Building Conference beyond what was provided under the 2023 Law on Housing.
Decision 26 takes effect on February 27, 2025.
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