Nghị định 79/2016/NĐ-CP dịch vụ đào tạo nghiệp vụ quản lý vận hành nhà chung cư

THE GOVERNMENT 

Decree No.79/2016/ND-CPdated July 01, 2016 of the Government on conditions for training business in specialist knowledge, professional competence in management and operation of apartment buildings, knowledge of real estate brokerage practicing, real estate transaction management

Pursuant to the Law on Government organization dated June 19, 2015;

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

Pursuant to the Law on Real Estate Trading dated November 25, 2014;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Education dated November 27, 2014;

At the request of the Minister of Construction;

The Government has promulgated the Decree stipulating conditions for training business in specialist knowledge, professional competence in management and operation of apartment buildings, knowledge of real estate brokerage practice, real estate transaction management.

Article 1. Scope of adjustment

This Decree stipulates conditions for training business in specialist knowledge, professional competence in management and operation of apartment buildings, knowledge of real estate brokerage practice, real estate transaction management.

Article 2. Subject of application

1.Organizations and individuals running training business in specialist knowledge, professional competence in management and operation of apartment buildings, knowledge of real estate brokerage practice, real estate transaction management.

2.Relevant organizations and individuals;

Article 3. Conditions for training business in specialist knowledge and professional competence in management and operation of apartment buildings

Organizations and individuals that run training business in specialist knowledge and professional competence in management and operation of apartment buildings should meet following conditions:

1.Be established and operate in Vietnam; have functions in vocational education or college, university training or postgraduate education and training according to laws.

2.Facilities are adequately equipped for learners to learn and practice specialist knowledge and professional competence in management and operation of apartment buildings.

3.Curriculum or teaching materials are compliant with the framework program for training issued by the Ministry of Construction.

4.At least 40% of total lecturers are official personnel or have permanent employment contracts in accordance with the framework program for training issued by the Ministry of Construction.

5.Be recognized by the Ministry of Construction as eligible for training in specialist knowledge and professional competence in management and operation of apartment buildings.

Article 4. Conditions for training business in knowledge of real estate brokerage practice and real estate transaction management

Organizations and individuals who wish to start training business in knowledge of real estate brokerage practice and real estate transaction management should meet following conditions:

1.Be established and operate in Vietnam; have functions in vocational education or college, university training or postgraduate education and training according to laws.

2.Facilities are adequately equipped for learners to learn and practice knowledge of real estate brokerage practice and real estate transaction management.

3.Curriculum or teaching materials are in accordance with framework program for training issued by the Ministry of Construction.

4.At least 30% of the total lecturers are official personnel or have permanent employment contracts in accordance with the framework program for training issued by the Ministry of Construction.

Article 5. Responsibility of relevant ministries, departments

1.The Ministry of Construction:

a) Stipulate procedures, applications for recognition of training institutions, number and requirements for lecturers in specialist knowledge and professional competence in management and operation of apartment buildings; number and requirements for lecturers in real estate brokerage practice and real estate transaction management;

b) Stipulate the framework program for training in specialist knowledge and professional competence in management and operation of apartment buildings, real estate brokerage practice, real estate transaction management;

c) Stipulate organization of training, manage activities of training and issuance of training certificates;

d) Carry out investigation, inspection and impose penalties for violations within competence on training institutions.

2.Relevant ministries, departments within functions and duties assigned shall cooperate with the Ministry of Construction in implementing provisions concerning training in specialist knowledge, professional competence in management and operation of apartment buildings, and knowledge of real estate brokerage practice, real estate transaction management.

Article 6. Effect

1.This Circular takes effect on July 01, 2016.

2.This Decree shall prevail over the conditions for training business in specialist knowledge, professional competence in management and operation of apartment buildings, and knowledge of real estate brokerage practice, real estate transaction management as prescribed before the effective of this Decree.

Article 7. Responsibility

Ministers, heads of ministerial-level agencies, heads of Governmental agencies, presidents of the People’s Committees of central-affiliated provinces, cities shall be responsible for executing this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc