Thông tư 10/2016/TT-BXD cắm mốc giới và quản lý mốc giới theo quy hoạch xây dựng

THE MINISTRY OF CONSTRUCTION

Circular No.10/2015/TT-BXD dated December 30, 2015 of the Ministry of Construction providing the provisions on professional training courses in apartment building management

Pursuant to the Law No.65/2014/QH13 on Housing;

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

Pursuant to the Decree No. 79/2014/ND-CP on detailing the implementation a number of articles of the Law on Fire Safety and Firefighting of the Government;

Pursuant to the Decree No. 46/2015/ND-CP on quality control and construction maintenance dated May 12, 2015 of the Government;

Upon the requests of the Director of the Department of Housing and Real Estate Market Management;

The Minister of Construction issues this Circular providing regulations on provision of professional training courses in management of apartment buildings.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular provides regulations on provision of professional training courses in management of apartment buildings to entities participating in management of apartment buildings, Members of Management Boards of apartment buildings and other relevant entities.

Article 2. Subject of regulation

1.Officers and workers of professional departments of management units taking charge of managing apartment buildings (hereinafter referred to as “management unit”) stipulated in Article 105 of the Law No.65/2014/QH13 on Housing dated November 25, 2014.

2.Members of Management Boards of apartment buildings.

3.Training institutions providing training courses in management of apartment buildings.

4.Individuals who wish to attend training courses in management of apartment buildings.

Article 3. Interpretation of terms

For the purpose of this Circular, terms below shall be construed as follows:

1.Management of apartment buildingsmeans control and operation of technical equipment, security services, the environmental hygiene performance, risk management and provision of instructions on uses of apartment buildings to owners of apartments and users.

2.Training institution providing professional training courses in management of apartment buildingsmeansan organization that is recognized as qualified for provision of professional training courses in management of apartment buildings by the Ministry of Construction under provisions of this Circular (hereinafter referred to as training institutions).

3.Professional training in management of apartment buildingsmeans training courses that are provided to enhance knowledge about laws related to apartment buildings and professional management, the use and operation of technical equipment installed in apartment buildings (including systems of electricity, water supply, air ventilation, escalators, elevators and the environmental hygiene performance), security and risk management during the operation of apartment buildings.

4.Traineemeans people who attend the professional training courses in management of apartment buildings under provisions hereof.

5.Certificate of completion of professional training courses in management of apartment buildingsmeansa certificate that is granted to a trainee who finishes a professional training course in management of apartment buildings by a training institution under provisions hereof (hereinafter referred to as Certificates of Completion of Training Courses).

6.Member of the Management Board of an apartment buildingmeans apartment owners and users who are elected as a member of the management board at the apartment building meeting under regulations of management and uses of apartment building issued by the Ministry of Construction.

7.Management unit of an apartment building means every enterprise, cooperative or organization that performs functions, or has capabilities of management of apartment buildings under provisions of laws.

8.Tenured lecturermeans every lecturer on the payroll of the training institution.

Chapter II

CRITERIA AND APPLICATION FOR RECOGNITION OF TRAINING INSTITUTIONS

Article 4. Criteria for recognition of training institutions

Organizations satisfying the following requirements shall be granted certificates of recognition of training institution as qualified for provision of training courses in management of apartment buildings by the Ministry of Construction:

1.Providing vocational programs or college, university or post-graduate programs under Vietnamese Laws.

2.Having facilities for training as follows:

a) The floor area designed for a trainee shall not less than 1.5 m2with adequate devices necessary for teaching and learning;

b) Practice rooms shall be available at apartment buildings that come into operation and are managed by management units.

3.Having a training management department and person in charge of training activities in management of apartment buildings (hereinafter referred to as training activities).

4.Having teaching materials or syllabuses that is consistent with curricula specified in chapter II hereof.

5.Having at least 40% tenured lecturers of the total lecturers teaching at the training institution under Article 6 hereof.

Article 5. Applications for recognition of training institutions

An application for recognition of the training institution as qualified for provision of training courses in management of apartment buildings includes:

1.An application form for recognition as qualified for provision of training courses in management of apartment buildings using the form stipulated in Annex 01 to this Circular.

2.A certified true copy of the Certificate of Business Registration or decision on establishment of the organization having functions specified in clause 1 hereof.

3.Certified true copies of the certificate of ownership, certificates of rights to manage or use facilities, or agreements on leasing facilities for theoretical training for at least 01 year; contract or associate agreements on utilization of the apartment building for practical training.

4.A decision on establishment of the department specialized in management of training activities and a decision on appointments as the entity taking charge of management of training activities in management of apartment buildings.

5.Teaching materials or syllabuses stipulated Article 4 hereof enclosed with at least 03 sets of tests.

6.Training regulations which specify admission requirements, the length of every training course, number of lectures, duration of each period (including lectures other than those teaching compulsory specialized subjects specified hereof), final exams, evaluation criteria, classification of academic performances and requirements for obtaining the Certificates of Completion of Training Courses for entities specified in clauses 1 and 2, Article 2 hereof an 02 blank forms of such certificates.

7.A list of lecturers using the form presented in Annex 02 to this Circular and lecturers’ profiles, including:

a) Certified true copies of bachelor’s degrees or higher;

b) Declaration(s) of work experience using the form stipulated in Annex 03 to this Circular;

c) Certified true copies of the employment contract or decision on appointment (for lecturers); or enclosed with certified true copies of social insurance records whose insurance premiums are paid by the training institution.

Article 6. Requirements for lecturers teaching specialized subjects in management of apartment buildings at training institutions

1.The lecturer teaching specialized subjects in management of apartment buildings (hereinafter referred to as “teaching field”)shall be a bachelor or higher whose major is consistent with the specialized subjects specified in clause 2 hereof and has at least 03-year experience in the teaching field; for graduates whose majors is inconsistent with the teaching fields shall have at least 05-year experience in related fields.

2.Requirements for lecturer s qualifications prescribed in clause 1 of this Article shall be specified as follows:

a) Every lecturer teaching background subjects specified in Article 8 hereof shall hold a bachelor’s degree or higher in laws, business administration or real estate;

b) Lecturers teaching specialized subjects specified in Article 9 hereof shall satisfy the following requirements:

-The lecturer teaching the specialized subject 1 shall be a bachelor of enterprise administration, business administration, laws, architecture, construction or real estate or higher;

-The lecturer teaching the specialized subject 2 shall obtain a bachelor s degree or higher in electrical engineering , mechanical engineering, water supply and drainage engineering;

-The lecturer teaching the specialized subject 3 shall hold a bachelor’s degree or higher in fire science, security management or police studies;

-The lecturer teaching the specialized subject 4 must hold a bachelor’s degree or higher in mechanical engineering, electrical – electronic engineering, or automation engineering;

-The lecturer teaching the specialized subject 5 must hold a bachelor’s degree or higher in environmental engineering, water supply and drainage engineering, urban planning, or urban and construction management;

-The lecturer teaching the specialized subject 6 must hold a bachelor’s degree or higher in enterprise administration, business administration, urban development and construction management, insurance, laws, architecture, security science or police studies;

3.There shall be at least 02 lecturers who satisfy requirements stipulated in clauses 1 and 2 of this article teaching each specialized subject specified in article 8 and 9 hereof

Article 7. Procedures for recognition of training institutions

1.Procedures for recognition of a training institution shall be specified as follows:

a) The training institution wishing to provide training courses in management of apartment buildings (hereinafter referred to as “applicant”) shall submit the application to the Department of Housing and Real Estate Market Management - Ministry of Construction as prescribed in article 5 hereof;

b) Within 20 working days from the date of receipt of the complete application prescribed in Article 5 hereof, the receiving agency shall verify such application and report qualified applicant to the Ministry of Construction. In some necessary cases, the verifying agency shall directly verify the application or request the Department of Construction where the applicant intends to provide training courses to verify criteria specified in article 4 hereof.

2.The Decision on recognition of the training institutions shall be made using the form in Annex 04 to this Circular and shall be valid for 05 years; the Department of Housing and Real Estate Market Management shall submit such Decision to the qualified training institutions and the Department of Construction where the training course is provided, and publish such Decision on the web Portal of the Ministry of Construction and Department of Housing and Real Estate Market Management within 05 days from the day on which the Decision is signed. 06 months prior to the expiry date of the permission for provision of training courses, the training institutions wishing to keep providing such training courses shall submit the application for recognition to the Ministry of Construction as stipulated in Article 05 hereof.

3.After the recognition, any training institution wishes to change or add additional training locations or lecturers shall follow the following provisions:

a) With regard to changes or addition of training locations, the training institution shall submit the Department of Housing and Real Estate Market Management a written request for changes enclosed with the certified true copy of the certificate of ownerships or the agreement on leasing locations for provision of training courses and a copy of the Decision of recognition of training institution granted by the Ministry of Construction;

b) With regard to changes or addition of lecturers, the training institution shall submit the Department of Housing and Real Estate Market Management a written request for changes enclosed with the lecturer’s profile as stipulated in clause 7, Article 5 hereof;

c) Consideration for approval for changes or addition specified in points a and b of this clause shall take maximum 10 days from the date of receipt of the valid application; in case of verification of criteria stipulated in point a of this clause, the duration for consideration for approval shall not last more than 30 days from the date of receipt of the valid application. The contents of the written consent to changes or addition shall be made publicly available on the Portals of the Ministry of Construction and Department of Housing and Real Estate Market Management.

Chapter III

CURRICULA OF TRAINING COURSES IN MANAGEMENT OF APARTMENT BUILDINGS

Article 8. Background subjects

The background subjects cover 12 periods, including the two following subjects:

1. Lectures about laws on housing; laws on land, civil and construction related to apartment buildings (08 periods).

2. Background subjects in laws on management and use of apartment building (04 periods).

Article 9. Specialized subjects of management of apartment buildings

1.The compulsory theory covers 44 periods, including 06 specialized subjects:

a) Specialized subject 1: management of the use of apartment building (08 periods)

b) Specialized subject 2: management and operation of electrical systems, water supply systems, air ventilation –heating systems (12 periods);

c) Specializes subject 3: management of firefighting equipment and system at apartment buildings (hereinafter referred to as fire prevention and firefighting) (08 periods);

d) Specialized subject 4: management and operation of elevators and escalators of apartment buildings (08 periods);

dd) Specialized subject 5: management of the environmental hygiene and landscape of apartment buildings, and sewerage water treatment (04 periods);

e) Specialized subject 6: management of risks and security, reactions to natural disasters at apartment buildings (04 periods).

2.Besides 6 specialized subjects specified in clause 1 of this Article, the training institution may provide extra specialized subjects according to trainees’ demands.

3.Field surveys and practice covers 12 periods, including the two following subjects:

a) Field surveys on management of the apartment building at locations specified in the application for recognition of the training institution promulgated in clause 3, Article 5 hereof;

b) Practice in security, reception, environmental hygiene, fire prevention and firefighting, salvage, rescue and the application of the apartment building management software;

c) Other practice related to apartment buildings according to trainees demands;

d) After such practice and field survey, the trainee must do an achievement report which includes regulations on cooperation with relevant entities in management of apartment buildings; evaluation of security, fire prevention and firefighting and environmental hygiene performance of the surveyed apartment building.

Article 10. Outlines of background subjects

1.The subject specified in clause 1, Article 8 hereof shall include the following contents:

a) General provisions of laws on housing related to apartment buildings;

b) Regulations related to investment in construction, renovation and maintenance of apartment buildings;

c) Provisions of laws related to the land use right and ownership of apartment buildings;

d) Provisions of laws related to housing transactions, agreements on management of apartment buildings, agreements on maintenance of apartment buildings.

2.The subject specified in clause 2, Article 8 hereof shall include the following contents:

a) Provisions of laws on housing related to management and use of apartment buildings;

b) Terms of regulations on management and use of apartment buildings;

3.Besides contents specified in clause 1 and 2 of this Article, the training institution may provide extra according to trainees’ demands.

Article 11. Outlines of specialized subjects of management of apartment buildings

1.The outline of the specialized subject 1 includes:

a) Models of management of apartment buildings, and methods of cooperation with relevant entities in management of apartment buildings;

b) Management of use of shared areas and equipment;

c) Management of the access, noise, security, hygiene and environment of apartment buildings;

d) Instructions on use of public services of apartment buildings, and reception and processing of users’ feedbacks to improve public services quality;

dd) Procedures for taking delivery and management of materials and equipment of apartment buildings;

e) Methods of identification, storage and update with information on apartment owners and users; rules of management units for communication, response to situations and approaches to information that has negative impact on users;

g) Other respective topics according to trainees demands;

2.The outline of the specialized subject 2 includes:

a) Management and maintenance of electricity systems, emergency alarms, lighting protection systems, earthing systems (specifying the location of systems, principles of operation, rules for maintenance of such systems and correction of technical errors);

b) Management and maintenance of water supply and drainage systems, both inside and outside the apartment building (specifying the location of systems, principles of operation, rules for maintenance of such systems and correction of technical errors);

c) Management and maintenance of air ventilation and heating systems, both inside and outside the apartment building (specifying the location of systems, principles of operation, rules for maintenance of such systems and correction of technical errors);

d) Responsibilities and regulations on cooperation between the management unit and Management Board of the apartment building, local government and contractors supplying equipment;

dd) Other respective topics according to trainees demands;

3.The outline of the specialized subject 3 includes:

a) Management of machineries, fire protection systems, on-site rescue equipment (specifying the location of systems, principles of operation, rules for maintenance of such systems and correction of technical errors);

b) Responsibilities and regulations on cooperation between the management unit and the investor, Management Board of the apartment building, local government, firefighting and rescue agencies;

c) Other respective topics according to trainees demands;

4.The outline of the specialized subject 4 includes:

a) Management of elevators and escalators inside the apartment building (specifying the location of systems, principles of operation, rules for maintenance of such systems and correction of technical errors);

d) Responsibilities and regulations on cooperation between the investor, Management Board of the apartment building, local government and contractors supplying escalators and elevators;

c) Other respective topics according to trainees demands;

5.The outline of the specialized subject 5 includes:

a) Management of hygiene and environment of apartment buildings;

b) Management of sewerage treatment systems inside the apartment building (specifying the main parts of the system, principle of operation, rules for maintenance of such systems and correction of technical errors);

c) Ways to kill insects and grow plants;

d) Responsibilities and regulations on cooperation between the management unit and Management Board of the apartment building, local government and contractors supplying equipment;

dd) Other respective topics according to trainees demands;

6.The outline of the specialized subject 6 includes:

a) Management of risks inside apartment buildings (specifying types of risks of the management of the apartment building, and risk control), apartment building insurance policies for prevention of risks and types of insurance contracts;

b) Apartment building security control, both the inside and outside (specifying access control and plans to patrol the inside and outside of the apartment building);

c) The knowledge and skills in occupational safety, development of plans and estimates of costs for fire and natural disaster protection and rescue plans.

dd) Other respective topics according to trainees demands;

Chapter IV

PROVISION OF TRAINING, EXAMINATION AND GRANT OF CERTIFICATES OF COMPLETION OF TRAINING COURSES

Article 12. Entities receiving training courses in management of apartment buildings.

1. Entities specified in clause 1, Article 2 hereof shall take all subjects in the curricula stipulated in Article 10 and 11 hereof.

2. Entities prescribed in clause 2, Article 2 hereof shall take the following subjects besides those specified in Article 10 and points a and b, clause 1, Article 11 hereof (14 periods):

a) Basic terms of agreements on apartment building management services and agreements on apartment building maintenance; classification of disputes and jurisdiction to settle disputes over hereinabove agreements (04 periods);

b) Potential legal consequences in case disputes over agreements on apartment building management services and agreements on apartment building maintenance occur (02 periods);

c) Background knowledge of documents and drawings of apartment buildings, including the content of documents and types of drawings (02 periods);

dd) Other respective topics according to trainees demands;

Article 13. Rules for provision of training courses in management of apartment buildings.

1. Only training institutions recognized by the Ministry of Construction as stipulated in Article 7 hereof are eligible for provision of training courses in management of apartment buildings.

2. The provision of professional training in management of apartment buildings shall comply with the following provisions:

a) The training institution shall submit a notification of the time and location of provision of the training course, timetable, schedule of final examination and list of lecturers delivering lectures for the training course that is provided to entities specified in clauses 1 and 2, Article 2 hereof within 05 working days prior to the starting time of the training course.

b) The training course shall be provided at the place and with the curriculum and lecturers that are approved by the Ministry of Construction under provisions of this Circular, each class shall be included in a teaching log signed by the lecturer;

c) Trainees specified in clause 1, Article 2 hereof shall do field surveys, practice and achievement reports as prescribed in clause 3, Article 9 hereof and shall take the final exam as promulgated in Article 14 hereof, after the completion of theory. After having the results of the final exam, the Director of the training institution shall set up a Council for evaluation of academic performances as a basis for grant of Certificates of Completion of the Training Course;

d) After completion of the training course specified in clause 2, Article 12 hereof, trainees specified in clause 2, Article 2 of this Circular shall be granted the Certificate of Completion of the Training Course.

Article 14. Final exams

1. Entities specified in clause 1, Article 2 hereof shall be entitled to take the final exam if they satisfy the following requirements:

a) Attend at least 80% of theoretical periods;

b) Participate in practical periods and submit achievement reports stipulated in clause 3, Article 9 hereof.

2. Any trainee who drops out of his/her training course must fulfill unfinished specialized subjects as promulgated in this Circular before taking the final exam.

3. The final exam may be multiple choice questions or the combination of multiple choice and essay questions and shall last for 90 minutes. The exam shall be marked by lecturers.

4. Where the trainee fails the final exam, the training institution shall hold the final exam one more time.

5. According to the training schedule published by the training institution as stipulated in point a, clause 2, article 13 hereof, the Department of Construction where the training course is provided shall assign their personnel to supervise the provision of the training course and the organization of final exams of such training institution.

Article 15. Certificates of Completion of Training Courses

The grant of Certificates of Completion of Training Courses shall be specified as follows:

a) If the trainee specified in clause 1, Article 2 hereof passes the final exam and his/her academic performance is recognized as satisfactory by the Council for Evaluation of Academic Performances, such trainee shall be granted a Certificate of Completion of the Training Course using the form prescribed in Annex 05 to this Circular within 15 days from the day on which the exam is taken;

b) If the trainee specified in clause 2, Article 2 hereof attending all periods prescribed in clause 2, Article 12 hereof shall be granted the Certificate of Completion of the Training Course in management of apartment buildings for Members of Management Board using the form in Annex 6 to this Circular within 15 days from the date of termination of the training course;

c) For any trainee specified in clause 1 and clause 2, Article 2 hereof attending training courses that are provided to both aforesaid entities may be granted 02 certificates stipulated in point a and point b of this Article.2. The training institution shall be responsible for publication, management and grant of Certificates of Completion of Training Courses to trainees specified in clause 1 of this Article. The Certificate of Completion of the Training Course shall be valid for 05 years from the date of registration; after the effective period of such Certificate, the trainee shall attend an additional training course to update novel knowledge and skills which has been changed in comparison with that in the curriculum specified in Chapter III hereof and such trainee shall be granted a Certificate of Completion of the Training Course according to new Curriculum under provisions of this Circular.4. Within 05 days from the date of grant of the Certificate of Completion of the Training Course, the training institution shall submit a report on training results using the form in Annex 07 hereof to the Ministry of Construction and Department of Construction where the training course is provided.

Article 16. Re-grant of Certificates of Completion of Training Courses in case the valid Certificate of Completion of the Training Course is damaged or torn, the Certificate holder shall submit an application for re-grant of the Certificate of Completion of the Training Course, 02 photos (3x4) and the original Certificate of Completion of the Training Course to the training institution; the training institution shall state “re-grant” on the new Certificate of Completion of the Training Course.

2. In case of loss of the valid Certificate of Completion of the Training Course, the Certificate holder shall submit an application for re-grant of the Certificate of Completion of the Training Course, 02 photos (3x4) and the original Certificate of Completion of the Training Course to the training institution; the training institution shall state “re-grant” on the new Certificate of Completion of the Training Course.

3. Within 10 days from the date of receipt of the complete application specified in clause 1 and clause 2 of this Article, the training institution that granted the Certificate of Completion of the Training Course shall re-grant a new Certificate of Completion of the Training Course to the applicant according to the training record. The effective period of the new Certificate shall be the remaining effective period of the torn or lost Certificate.4. In case the training institution is dissolved or shut down, the applicant shall submit an application enclosed with documents specified in clauses 1 and 2 of this Article to the Department of Housing and Real Estate Market Management.5. Charges for re-grant of the Certificate of Completion of the Training Course shall be equal to that for grant of the Certificate of Completion of the Training Course and shall be paid by the applicant.

Article 17. Retention of training records1. The training institution shall set up a training record for each training course as promulgated in clause 2 of this Article to serve the purposes of management and inspection of competent authorities.

2. A training record includes:

a) A list of trainees attending the training course and a list of trainees granted the Certificate of Completion of the Training Course;

b) A teaching log stipulated in point b, clause 2, Article 13 hereof;

c) A list of lecturers teaching in each registered training course;

d) Syllabuses and teaching materials;

 dd) A record of grant and re-grant of the Certificate of the Training Course;

e) Achievement reports, final exam papers ( including second final exam papers (if any)) and record of evaluation of academic performance by the Council (for those specified in clause 1, Article 2 hereof).3. The period of preservation of the training course specified in clause 2 of this Article shall comply with laws on document retention.

Chapter V

EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS

Article 18. Inspection and examination of training institutions

1. The Department of Housing and Real Estate Market Management shall periodically and surprisingly inspect the provision of training courses in management of apartment buildings of training institutions nationwide.

2. The Department of Construction shall carry out the inspection of provision of training courses in management of apartment buildings of recognized training institutions nationwide periodically, surprisingly or on request.

3. Authorities competent to carry out inspection of housing shall inspect the provision of training courses in management of apartment buildings of recognized training institutions in accordance with provisions of laws.

Article 19. Violations against laws on provision of management of apartment buildings.
Violations against laws on provision of management of apartment buildings include:
1. Leasing or allowing someone else to use the legal status to provide training courses.

2. Providing training courses after the expiry date or in locations other than those specified in the Decision on recognition of the training institution or written consent to adjustment to provisions of this Circular.

3. Employing lecturers other than those registered with the Ministry of Construction; providing training courses without teaching logs, using teaching materials or syllabuses that mismatch the curriculum specified in Chapter III hereof.

4. Providing training courses in management of apartment buildings before being recognized by the Ministry of Construction:

5. Shortening the teaching duration stipulated in chapter II hereof.

6. Granting Certificates of Completion of Training Courses in contravention of provisions hereof.

7. Failing to keep training records or submit reports on training status to competent authorities under provisions hereof.

Article 20. Handling of violations

1. Violations shall be dealt with as follows:

a) The training institution committing one of violations specified in clauses 1, 2 and 3, Article 19 hereof shall have their provision of training suspended for 01 year from the day on which such violation is found. With regard to repeated violations specified in clauses 1, 2 and 3, Article 19 hereof, the defaulting training institution shall have their provision of training courses permanently suspended and have their name removed from the web Portals of the Ministry of Construction and Department of Housing and Real Estate Management; the Head of the defaulting training institution and involved entities shall be subject to administrative penalties or criminal prosecution depending on the severity of violation under provisions of laws; or shall compensate for damage (if any);

b) The training institution that commits one of violations specified in clauses 4, 5 or 6, Article 9 hereof shall have their training results unrecognized and have their violating training courses and certificates related to such courses published on the web Portals of the Ministry of Construction and Department of Housing and Real Estate Market Management;

c) The training institution that commits violations specified in clause 7, Article 19 hereof shall complete their records or submit absent reports in accordance with provisions of laws; in case of failures to complete training records or submit such reports, the certificates of completion of the violating training courses shall not be recognized.

2. The training institution committing violations specified in Article 19 hereof shall be subject to administrative penalties under laws on action against administrative penalties in addition to penalties stipulated in clause 1 of this Article.

3. The competence to handle such violations specified in clause 1 of this Article shall be prescribed as follows:

a) The Ministry of Construction has the power to suspend or permanently suspend the provision of management of apartment buildings of the training institution that commits violations specified in clause 1, 2 and 3, Article 19 hereof;

b) The Department of Housing and Real Estate Market Management shall have the power to refuse to recognize the training results of training courses in management of apartment buildings of the training institution that commits violations specified in clauses 4, 5, 6 and 7, Article 19 hereof;

Chapter VI

IMPLEMENTATION ORGANIZATION

Article 21. Transfer settlement

1. Within 06 months from the effective date of this Circular, every recognized training institution under Circular No.14/2011/TT-BXD on provision of training in management of apartment buildings dated November 25, 2011 (hereinafter referred to as Circular No.14/2011/TT-BXD) shall submit their complete application for recognition of training institution in accordance with provisions hereof; in case of failure to submit the complete application on time, such training institution shall not be allowed to provide training courses in management of apartment buildings and shall have their name removed from the web Portals of the Ministry of Construction and Department of Housing and Real Estate Market Management.

2. The Certificates of Completions of Training Courses granted under the Circular No.14/2011/TT-BXD shall be valid for 05 years from the effective date of this Circular; in the event that such certificate is torn or lost, it shall be re-granted in accordance with provisions of this Circular.

3. Where the training course in management of apartment building under provision of Circular No. 14/2011/TT-BXD still lasts after the effective date of this Circular, such training course shall be continued to provided as stipulated in the Circular No.14/2011/TT-BXD (except that the training institution wishing to follow the curriculum specified in this Circular); the grant of Certificates of Completion of Training Courses shall comply with provision hereof.

4. If the training course provided under the Circular No. 14/2011/TT-BXD finishes by the effective date of this Circular but the Certificate of Completion of the Training Course has not been granted yet, such certificate shall be granted in accordance with provision of this Circular .

Article 22. Responsibilities of People’s Committees of provinces and Departments of Construction

1. The People’s Committee of the province shall direct functional agencies of the province to inspect the provision of training courses in management of apartment buildings of training institutions within their province, and deal with violations within their jurisdiction or request competent authorities to deal with violations in accordance with provisions hereof;

2. The Department of Construction shall support the People’s Committee of the province to manage the provision of training courses in management of apartment buildings of training institutions within their province, and aggregate and submit status reports on provision of training courses in management of apartment buildings using the form in Annex 08 hereof to the Ministry of Construction half-yearly, yearly or surprisingly or upon request;

Article 23. Responsibilities of the Department of Housing and Real Estate Markets;

1. Receive applications for recognition of training institutions as qualified for provision of training courses in management of apartment buildings and request the Ministry of Construction to carry out the recognition in accordance with provisions hereof.

2. Receive, inspect and process requests for changes or supplements of training institutions recognized by the Ministry of Construction.

3. Instruct, expedite and inspect the provision of training courses in management of apartment buildings of apartment building nationwide and deal with violations within the jurisdiction.

4. Cooperate with the Information Center – Ministry of Construction to publish lists of recognized training institutions (including changes or addition of teaching locations and lecturers), remove or publish information of violating training institutions and individuals on the Portal of the Ministry of Construction.

5. Publish information specified in clause 4 of this Article on the Portal of the Department of housing and real estate market management;

6. Periodically aggregate and report the implementation of this Circular and request the Minister of Construction to amend the Circular.

7. Perform tasks assigned by the Minister of Construction.

Article 24. Responsibilities of training institutions

1. Provide training courses in accordance with provisions hereof.

2. Report the provision of training courses in management of apartment buildings under provision hereof.

3. Inform trainees granted the Certificate of Completion of the Training Course under the Circular No. 14/2011/TT-BXD of the effective period of such certificate stipulated in provision of this Circular.

4. Obey the Decision on handling of violations made by competent authorities under provisions of this Circular and relevant laws.

5. Comply with other provisions of this Circular and relevant laws.

Article 25. Implementation provisions

1. This Circular takes effect on February 15, 2016.

2. The Circular No.14/2011/TT-BXD on provision of training in management of apartment buildings dated November 25, 2011 shall be null and void from the effective date of this Circular.

Any issues or concerns arising in the course of  implementation of this Circular shall be promptly reported to the Ministry of Construction ./.

For the Minister

The Deputy Minister

Pham Hong Ha

*All Appendices are not translated herein.