1. Where the investor has the right to decide the price of apartment management and operation services

The determination of prices for apartment building management and operation services is detailed in Circular 02/2016/TT-BXD as follows:

- Determined according to the provisions of the Housing Law:

+ Prices for apartment building management and operation services are based on regulations in Article 106 of the Housing Law.

+ Determine the price based on the agreement between the apartment owner and the operating management unit.

- In case the first apartment building conference has not yet been organized:

+ The price of operation management services is decided by the investor.

+ Price information needs to be clearly stated in the apartment purchase or lease purchase contract.

- After organizing the apartment building conference:

+ The price of operation management services is decided by the apartment building conference.

+ Price decisions must be agreed with the operating management unit.

- Pricing unit: Operational management service price is calculated per square meter (m2) of apartment use area or other area in the apartment building (according to clear area).

- For mixed-use apartment buildings: Prices applicable to sections such as office, service, commercial and car parking area are determined according to specific principles.

The above regulations are intended to ensure transparency, fairness and agreement between relevant parties in the management and operation of apartment buildings. Regulation of prices for apartment management and operation services according to Circular 02/2016/TT-BXD aims to create clarity and fairness in determining prices, while ensuring the rights of both homeowners and units. operational management. Specifically:

- The price of operational management services is determined according to the provisions of the Housing Law, and the agreement between the parties is the basis for deciding the price.

- In case the first apartment building conference has not been organized, the price is decided by the investor and is clearly stated in the apartment purchase or lease purchase contract.

- After organizing the apartment building conference, the price of operation management services is decided by the conference and agreed with the operation management unit.

- Price is calculated on the basis of each square meter of apartment use area or other area, ensuring transparency and fairness.

- For mixed-use apartment buildings, the price calculation method is determined in detail to ensure accuracy and fairness.

This regulation supports effective and transparent management and operation of apartment buildings, while also creating favorable conditions for agreement between related parties.

2. Does the price of apartment management and operation services include electricity and water costs?

Prices for apartment building management and operation services are as prescribed in Clause 2, Article 106 ofHousing Law 2014 are determined publicly and transparently, based on the specific content of operations management and service use corresponding to each type of apartment building. Below are details on service pricing regulations:

- Open and transparent:

+ Clearly regulate public prices for apartment management and operation services, helping the resident community have complete and transparent information about the costs to be paid.

+ Determine service prices based on the needs for management, operation and service use of each type of apartment building, to ensure fairness and reflect the actual value of the service.

- Scope not included: Service price does not include other costs such as maintenance costs for common areas, parking costs, as well as costs for using electricity, water, energy, and transmission services. images and contact information for the private use of apartment owners and users.

- For apartment buildings with multiple owners: Regulate prices for apartment building management and operation services for projects with multiple owners, ensuring fairness and accurately reflecting the level of service usage. of each household.

- Does not include personal usage costs: Pay attention that service prices do not include the costs of using electricity, water and other services to serve the personal needs of each owner and user of the apartment building. .

The above regulations aim to create conditions for apartment building residents to clearly understand management and operating costs, while ensuring fairness and transparency in the financial management of the resident community. Organize prices for apartment management and operation services according to the provisions of Article 106 of the 2014 Housing Law, emphasizing openness, transparency, and fairness in price determination. The regulations clearly do not include other costs such as general maintenance costs, parking costs, as well as costs for using electricity, water and other personal services of residents. The price determination method is based on the specific content of management and operation tasks, and regulations for projects with multiple owners to ensure fairness in cost distribution. Importantly, service prices do not include separate usage costs, such as electricity, water, and other personal services.

3. Who decides the price of operation management services for multi-owner apartment buildings and has organized the apartment building conference?

As prescribed at Clause 3, Article 106 of the 2014 Housing Law Regulations on prices for apartment building management and operation services are as follows:

- For apartment buildings with multiple owners:

+ In case the first apartment building conference has not been organized, the price of apartment building management and operation services will be implemented according to the agreement in the housing purchase or lease purchase contract.

+ Once the Apartment Building Conference has been organized, the price of apartment building management and operation services will be decided by the Apartment Building Conference.

- For apartment buildings with one owner:

+ Apartment management service prices will be implemented according to the agreement between the apartment owner and users.

+ In the case of a state-owned apartment building, the apartment management service price will be implemented according to the provisions of Clause 5 of Article 106 of the Housing Law (2014).

- The Provincial People's Committee is responsible for promulgating the price framework for apartment management and operation services to apply to state-owned cases in the area.

- The contract between the owners and users of the apartment building will clearly determine the price of management services.

​For different situations, regulations in Article 106 of the Housing Law (2014) help ensure fairness, transparency, and agreement between relevant parties in determining the price of housing management and operation services. apartment. For apartment buildings with multiple owners, the decision on service prices is made through the Apartment Building Conference, creating transparency and consistency in the management process. Meanwhile, for apartment buildings with one owner, regulations allow agreements between the owner and the apartment user, helping to create flexible conditions to meet the specific characteristics of each case. fit. This also helps ensure fairness and satisfaction for both parties. Therefore, this regulation not only demonstrates the strictness in managing and operating apartment buildings but also encourages agreement and flexibility in the process of determining service prices, and at the same time, provides a legal basis. management for the implementation of price frames for apartment management and operation services at the provincial level.