1. Maintenance fees for apartments with shared ownership

Pursuant to Article 108 of the 2014 Housing Law:

(1) Funds for maintenance of common areas of multi-owner apartment buildings are prescribed as follows:

- For apartments or other areas in an apartment building that the investor sells or leases to purchase, the investor must pay 2% of the value of the apartment or other area sold or leased to purchase;

This amount is included in the sale price and rental purchase price that the buyer or lessee must pay upon handover and is clearly specified in the purchase and sale contract or lease purchase contract;

- For apartments, other areas in the apartment building that the investor retains and does not sell, do not lease to purchase or have not sold, not yet leased to purchase as of the time of handover and putting the apartment building into use,

Except for the area under common ownership, the investor must pay 2% of the apartment value and the retained area; This value is calculated based on the selling price of the apartment with the highest price of that apartment building.

(2) In case the maintenance budget specified in (1) of this section is not enough to maintain the common area of the apartment building, the apartment owners are responsible for contributing additional corresponding funds with the area owned separately by each owner.

(3) In case the investor signs a contract to buy, sell, or lease an apartment or other area in an apartment building before July 1, 2006 but has not yet collected funds for maintenance of the common area, the home owners will. The apartment building holds an Apartment Building Conference to agree on the level of contribution to this cost;

Fund contributions can be paid monthly into a deposit account at a credit institution operating in Vietnam established by the Apartment Management Board or paid when maintenance work arises.

(4) In case the investor signs a contract to buy, sell, or lease an apartment or other area in an apartment building after July 1, 2006, but in the housing purchase or lease purchase contract there is no business agreement, maintenance fees must be paid by the investor;

In cases where the purchase price or lease purchase price does not include maintenance costs in the housing purchase or lease purchase contract, the owner must pay the maintenance costs for the common area as prescribed in (3) of this section.

(5) In case the apartment building has mixed use for residential and business purposes and separates different functional areas in the same building, including:

- Apartment functional area;

- Business and service functional area

And each of these functional areas has common ownership that is separate from the common ownership of the entire building, and is managed and operated independently by the investor and the buyer, renter, or other area in the house. The apartment building agrees in the purchase and lease purchase contract to divide the maintenance cost of the common area into several parts for management and use according to regulations.

2. The items of the apartment building can use the common ownership maintenance budget for maintenance

Pursuant to Article 34 of Circular 02/2016/TT-BXD:

- Maintenance of items and areas under common ownership are:

+ The remaining area of the apartment building other than the area under private ownership; Community living house of apartment building;

+ Space and load-bearing structure system, technical equipment shared in apartment buildings including frames, columns, load-bearing walls, walls surrounding the house, walls dividing apartments, floors, roofs, terraces , corridors, stairs, elevators, emergency exits, garbage cages, technical boxes, electricity supply systems, water supply systems, gas supply systems, communication systems, radio, television, drainage systems, septic tanks, lightning rods, fire extinguishers and other parts not under the private ownership of the apartment owner;

- Maintaining the system of equipment under common ownership of the apartment building, including elevators, generators, water pumps, ventilation systems, lighting power supply systems, domestic electricity, and electrical equipment shared use, water supply and drainage systems, gas supply systems, central heating, broadcasting, television, communications, fire prevention and fighting, lightning rods and other equipment shared with apartment buildings.

- Maintain the external technical infrastructure system connected to the apartment building; Public works in the apartment building area that are not subject to construction investment for business or must be handed over to the State according to the approved project content include common yards, flower gardens, parks and other public works. Other processes are determined in the content of the approved housing construction investment project.

- Treat clogged wastewater and periodically pump out septic tanks; Microbial culture for apartment building wastewater systems.

- Other items of the apartment building are under common ownership of the apartment owners as agreed in the apartment sale or lease purchase contract or according to the provisions of housing law.