On the Government Portal, a citizen in Hanoi wondered about the management and operation of the apartment building when the Board of Directors' term expired.
After researching, the Ministry of Construction answers this question as follows:
Regarding apartment building management and operation service contracts
Article 29 of the Regulation on management and use of apartment buildings (issued together with Circular No. 05/2024/TT-BXD dated July 31, 2024, amended and supplemented by Circular No. 09/2025/TT-BXD dated June 13, 2025 of the Minister of Construction) detailing a number of articles of the Housing Law (Regulation No. 05) has regulations on apartment building management and operation service contracts, including:
In case the management and operation service contract is signed according to the term of the Board of Directors, but the new Board of Directors has not been established and has not been recognized, the management and operation unit shall continue to perform the management and operation until the new Board of Directors is recognized and signs a contract with the new management and operation unit, except in cases of unilateral contract termination due to one or more parties violating contents subject to contract termination".
Point d, Clause 1, Article 16 of Regulation No. 05 has stipulated that the extraordinary apartment building conference will consider and decide on the content: "The Management Board proposes to replace the management and operation unit or proposes to adjust the price of apartment building management and operation services".
Clause 2, Article 17 of Regulation No. 05 stipulates that the Annual Apartment Building Conference decides on contents including the continuation of signing of management and operation service contracts with units that are performing management and operation but have expired contracts.
Clause 3, Article 18 of Regulation No. 05 has stipulated voting at the Apartment Building Conference. It stipulates: "Decisions of the Apartment Building Conference are approved according to the principle of majority votes of owners and users attending the Apartment Building Conference".
The organization of the Apartment Building Conference to elect a new Management Board and the responsibility of the Commune-level People's Committee
Clause 3, Article 19 of Regulation No. 05 stipulates: "The Management Board specified in Clauses 1 and 2 of this Article has a term of operation of 3 years, from the date of the recognition decision of the Commune-level People's Committee and is re-elected at the Annual Apartment Building Conference of the last year of the term, except in cases where an extraordinary Apartment Building Conference must be held to elect a replacement for the Management Board due to being dismissed or removed from office before the end of the term as prescribed in Article 26 of this Regulation".
Point a, Clause 3, Article 26 of Regulation No. 05 stipulates: "In case of election to replace the Management Board or election to replace the Head or Deputy Head of the Management Board, an extraordinary apartment building conference must be held to decide according to the provisions of Article 16 of this Regulation or an annual conference in Article 17 of this Regulation to decide;...".
Clause 5, Article 16 of Regulation No. 05 has stipulated cases where commune-level People's Committees are responsible for organizing extraordinary apartment building conferences.
Clause 5, Article 148 of the 2023 Housing Law stipulates: "In case the apartment building management board terminates its operation and the new apartment building management board has not been recognized, the People's Committee of the commune where the apartment building is located shall perform the responsibilities of the apartment building management board until the new apartment building management board is recognized".
The use of revenue from service exploitation for common ownership
Clause 4, Article 153 of the 2023 Housing Law stipulates: "In case the apartment building has revenue from the exploitation of services for the common ownership part, it must be deposited into the maintenance fund account managed by the apartment building management board or the person assigned to manage the maintenance fund account for cases where it is not mandatory to establish an apartment building management board to maintain the apartment building. The revenue specified in this clause and interest arising from maintenance fund deposits are used for apartment building maintenance".
The 2023 Housing Law stipulates that revenue from service exploitation for the common ownership of apartment buildings must be deposited into the maintenance fund account.
Therefore, it is requested that citizens base on the above regulations to study and implement them according to regulations. In the process of implementation, if there are difficulties or obstacles related to the provisions of the law on housing, it is requested to contact the Hanoi Department of Construction, which is the state management agency in the field of housing in Hanoi City, for guidance and resolution according to their authority.
