Apartments cannot be used as hourly rental service

(Construction) – The Ministry of Construction receives recommendations from voters in Ho Chi Minh City sent by the Board of Volunteers through Official Letter No. 288 / BDN dated 24 July 2020 with the following content: “Voters recommend that the regulations on the use of apartments for the hourly, short-term rental service business should be reviewed, clearly explained along with imposing specific sanctions because at present, it is so hard to manage this type of lease that is subjected to much abuse in form of black spots involved in prostitution, drugs, and high-tech crimes ”.

In this regard, the Ministry of Construction has issued responding Official Letter 4757 / BXD-QLN dated 01 October 2020 as follows:

Regarding the use of apartments for residential purposes, Article 10.1.b of the 2014 Law on Housing regulated: “House owners that are domestic organizations, households and individuals and overseas Vietnamese will have the right to use housings for residential purposes and other purposes not prohibited by law”; at the same time, Article 6 of the Housing Law 2014 also prohibits the use of apartments for non-residential purposes.

Regarding the use of apartment buildings, Article 35 of the Government Decree No. 99/2015 / ND-CP dated October 20, 2015 detailing and guiding the implementation of a number of articles of the Law on Housing regulated prohibited acts in the management and use of apartment buildings such as arbitrary change of functions, purposes of shared use, common ownership of apartment buildings; causing noise beyond the extent provided by the law or discharging garbage, wastewater, toxic substances in contravention of the law; committing the prohibited acts specified in Article 6 of the Housing Law …

Thus, the law on housing prescribed prohibiting the use of an apartment for non-residential purposes such as hourly or short-term rental service.

The management and use of the apartment building in general and the management and use of the apartment in particular were specified in Circular No. 02/2016 / TT-BXD dated February 15, 2016 of the Minister of Construction promulgating the Regulations on management and use of the apartment building and Circular No. 28/2016 / TT-BXD dated 15 December 2016 of the Minister of Construction amending and supplementing a number of articles of the Circular No. 02/2016 / TT-BXD, Circular No. 06/2019 / TT-BXD dated 31 October 2019 of the Minister of Construction amending and supplementing a number of articles of Circulars relating to the management and use of the apartment building.

Article 39.1.e of Circular No. 02/2016/TT-BXD dated 15 February 2016 by the Minister of Construction promulgating the Regulations on management and use of apartment buildings (hereinafter referred to as Regulation 02 ) regulated that the owners of the apartment building are responsible for obeying the rules and regulations on the management and use of apartment buildings as well as promptly notifying the violations in management and use of apartment buildings.

On the other hand, Articles 48.3 and 49.2 of Regulation 02, specifically regulated the responsibilities of the People’s Committees of wards and districts in handling and handling according to their competence or request competent authorities to handle violations in management and use of apartment buildings. Therefore, apartment owners, when detecting any violations in the management and use of apartment buildings, should promptly report them to the People’s Committee of the ward or district where the apartment building is located for these agencies to solve according to their competence or request competent authorities to handle violations in management and use of apartment buildings.

Regarding the sanctions against violations in the management and use of condominiums, Government Decree No. 139/2017/ND-CP dated 27 November 2017 regulated sanctioning of administrative violations in construction investment activities; exploiting, processing and trading minerals as building materials, manufacturing and trading construction materials; technical infrastructure project management; real estate business, housing development, management and use of houses and public offices and specified handling of such violations as using apartments for non-residential purposes; trading in explosive materials; disco business …

Within the scope of its powers and responsibilities, in recent years, the Ministry of Construction has issued many documents to urge and remind localities to strengthen the implementation of State management in the management, use and operation of the apartment building to ensure that the apartment building is safe during use. The current housing law also has regulations on the responsibilities of the provincial People’s Committee for implementing and handling violations of the law on management and use of apartment buildings in the area.

Therefore, the Ministry of Construction requested the delegation of the Ho Chi Minh City National Assembly to send their opinions to the People’s Committee of Ho Chi Minh City to direct functional agencies to examine and inspect the compliance with the law on management and use of apartment buildings in the city in order to rectify the management and use of apartment buildings and promptly detect and handle violations in the management and use of apartment buildings in general and use of apartments for non-residential purposes.

By Khanh Diep, baoxaydung.com.vn

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