Service Charges for the Management and Operation of Apartment Buildings
1. The determination of service charges for the management and operation of apartment buildings must ensure openness, transparency, and be based on the scope of management and operational tasks and the services provided for each type of apartment building.
2. Service charges for the management and operation of apartment buildings do not include expenses for fire and explosion insurance, maintenance funds, parking fees, fuel, energy, water consumption, television services, telecommunications, remuneration for the apartment building management board, and other service costs for the private use of apartment owners or occupants.
The service charges for the management and operation of apartment buildings are determined in Vietnamese currency and calculated per square meter of usable floor area of the apartment or other areas within the building.
3. For apartment buildings with multiple owners, the service charges for management and operation are regulated as follows:
a) If the first apartment building meeting has not yet been held, the charges shall follow the agreement in the house purchase or lease-purchase contract;
b) If the apartment building meeting has been held, the charges shall be agreed upon and decided jointly by the management unit and the apartment building meeting.
4. For apartment buildings with a single owner, the service charges for management and operation shall be agreed upon between the owner and the user of the apartment building in the lease contract. In case the apartment building is public property, the service charges shall be implemented in accordance with Clause 7 of this Article.
5. For mixed-use apartment buildings, the service charges for management and operation applicable to business service areas and privately-owned car parking spaces shall be determined as follows:
a) Charges applicable to business service areas shall be agreed upon by the parties based on the actual operating situation in the business area and the specific location of the apartment building;
b) Charges applicable to privately-owned car parking spaces shall be agreed upon by the parties and may be lower than those applied to apartments within the same building.
6. For apartment buildings intended solely for residential purposes, service charges for management and operation applicable to privately-owned car parking spaces shall follow the provisions of Point b, Clause 5 of this Article.
7. The provincial People’s Committee is responsible for issuing a framework of service charges for the management and operation of apartment buildings to be applied in the following cases:
a) Collection of management and operation fees for apartment buildings that are public property in the locality;
b) Serving as a reference basis for parties in negotiating service charges for management and operation of non-public housing or in cases of disputes over service charges between the management unit and owners or users of the apartment building. Where no agreement can be reached, the charges shall follow the framework issued by the provincial People’s Committee.
(Legal basis: Article 151 of the Law on Housing 2023)
