Set up an apartment management and operation company in Vietnam

Aparament operation management company in Vietnam

• Apartment operation management company is the unit that manages apartment buildings; manage and administer activities in the apartment building in order to give residents here the safest and best living environment; exploit utility services of apartments.

Management and operation activities of apartments in Vietnam

Management and operation activities of apartments include the following tasks:

• Control, maintain operation, regular maintenance of elevator systems, water pumps, generators, automatic fire alarm systems, fire extinguishing systems, fire fighting tools, backup equipment and other equipment under common ownership and common use of apartment buildings, clusters of apartments;
• Provide services of protection, environmental sanitation, waste collection, flower garden care, ornamental plants, insecticide and other services to ensure the normal operation of the apartment building;
• Other related work.
• In case an apartment building must have an operation management unit as prescribed at Point a, Clause 1, Article 105 of the Law on Housing, all the above works must be performed by the management unit; Owners and users are not allowed to hire different services separately to perform operation management. The apartment operation management unit may sign a contract with the service provider to perform the management and operation of the apartment but must be responsible for the operation management according to the content of the service contract signed with the apartment management board.

Conditions for setting up an apartment management and operation company in Vietnam

The apartment operation management company must fully meet the functional conditions and capacity according to the following regulations:

• Being set up and operating in accordance with the Law on enterprises or the Law on cooperatives and having the function of managing and operating apartments;
• There must be professional departments in management and operation of apartments including engineering, service, security, sanitation and environment protection;
• Having a contingent of officials and employees who meet the requirements of housing operation management including construction, electrical and water engineering, fire prevention and fighting, equipment operation attached to the apartment and have certificates of having been trained and fostered professional knowledge on management and operation of apartments as prescribed by the Minister of Construction raise.

Procedures for setting up an apartment management and operation company in Vietnam

Step 1: Drafting a company set up dossier

• Viet An Law advises on conditions, processes and legal procedures related to the content of new set up for the company to prepare.
• If you use the services of Viet An Law, our lawyers will assist in drafting a transfer document to sign for us to take the next steps.
• If the customer submits the dossier by himself, he shall prepare the dossier corresponding to the contents to submit to the competent state agency.

Step 2: Submission and appraisal of documents

• When satisfying the conditions on functions and capacity to perform management and operation of the apartment, the operation management company shall send a written statement clearly stating the name, address and contact phone number together with certified copies of documents proving the eligibility specified in Clause 2, Article 105 of the Law on Housing to the Department of Construction where the unit manages operate headquarters or the Housing and Real Estate Market Administration.
• The Department of Construction where the operation management company is headquartered, the Housing and Real Estate Market Management Department shall check the dossier, if eligible, publicly post the information on the portal of their units to serve the management.
• In case there are insufficient documents, the Department of Construction, the Department of Housing and Real Estate Market Management shall notify the request to the operation management unit to supplement the missing papers
• Apartment conferences refer to the information posted on the portal of the Department of Construction or the Department of Housing and Real Estate Market Management to select the management unit to operate the apartment in accordance with the specific conditions of each apartment building, cluster of apartments.

Step 3: Announce eligibility for apartment operation management

In case the apartment operation management company needs to publicize the unit’s information on the portal of the Department of Construction where the apartment operation management unit is headquartered or of the Housing and Real Estate Market Administration to the agency,  relevant organizations and individuals shall send information to be disclosed (name of unit, full name of legal representative, address, contact phone number) to the Department of Construction where the apartment management unit is headquartered or the Housing and Real Estate Market Management Agency for posting.

Dossier to set up an apartment management and operation company in Vietnam

• Certified copies of documents proving their functions specified at Point a, Clause 1 of this Article;
• A written request for notification of management and operation of the apartment;
• Certified copy of the Business Registration Certificate; Certificate of business registration or equivalent document;
• A valid copy of the diploma proving the educational qualifications of the person responsible for security and order of the business establishment named in the Certificate of eligibility for security and order.
• A valid copy of the certificate of having been trained and fostered professional knowledge on management and operation of the apartment of members of the Board of Directors, heads, deputy departments, divisions and technical and professional heads and deputy shifts of the unit.
• Information and documents to provide
• Notarized copy of the Certificate of Business Registration/Certificate of Investment Diary registered for operation of business lines of apartment management and operation services;
• A valid copy of the diploma proving the educational qualifications of the person responsible for security and order of the business establishment named in the Certificate of eligibility for security and order.
• A valid copy of the certificate of having been trained and fostered professional knowledge on management and operation of the apartment of members of the Board of Directors, heads, deputy departments, divisions and technical and professional heads and deputy shifts of the unit.
• List of personnel responsible for technical expertise, service, security, sanitation and environmental protection.
• Decide on the establishment of specialized technical, service, security, sanitary and environmental protection departments or departments.

If you want to set up an apartment building management and operation company, please contact Viet An Law Firm for specific support!