The Ministry of Construction has just received a petition from voters in Ho Chi Minh City transferred by the National Assembly's Committee for Petitions and Supervision in Document No. 498/UBDNGS16 dated June 12, 2026, regarding the transfer of voters' petitions sent after the First Session, 16th National Assembly.
According to the content of the petition, voters reflected that the apartment building management board is currently facing difficulties in requesting the investor to hand over the apartment building maintenance fund, although the 2023 Housing Law has regulations on coercing the 2% maintenance fund if the investor does not hand over to the management board; however, there are no regulations on the order of coercive recovery steps. Therefore, voters proposed that the Ministry study and consider supplementing specific regulations on the order of coercive recovery steps of the 2% maintenance fund into the Housing Law.
After research, the Ministry of Construction has the following opinions:
Article 154 of the 2023 Housing Law stipulates the coercive handover of maintenance funds for multi-owner apartment buildings, which stipulates the responsibility of the commune-level People's Committee to organize the coercive handover of apartment building maintenance funds from investors to apartment building management boards; at the same time, the Law has assigned the Government to detail this content.
Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Housing Law (hereinafter referred to as Decree No. 95/2024/ND-CP) has specifically stipulated the order and procedures for coercive handover of maintenance funds for the common ownership part of the apartment building from the investor to the Management Board for each specific case, including:
(1) Article 88 of Decree No. 95/2024/ND-CP stipulates the order and procedures for coercive handover of maintenance funds for the common ownership part from the common account of the investor;
(2) Article 89 of Decree No. 95/2024/ND-CP stipulates the order and procedures for coercive handover of maintenance funds from the maintenance fund account established by the investor;
(3) Article 90 of Decree No. 95/2024/ND-CP stipulates the order and procedures for coercive handover of funds from the account used for business activities of the investor in cases where the general account of the investor is no longer available or there is still money but not enough to hand over to the Apartment Building Management Board as prescribed;
(4) Article 91 of Decree No. 95/2024/ND-CP stipulates the order and procedures for coercive confiscation, auction of assets of investors in cases where coercive enforcement of investors handing over maintenance funds for common ownership has been carried out, but the Management Board has not yet received the full amount as prescribed.
Currently, the Ministry of Construction is studying and amending the 2023 Housing Law, in the process of amending the 2023 Housing Law and guiding documents for implementation, the Ministry of Construction will continue to study and amend and supplement to clarify a number of regulations related to the management and use of apartment buildings.
The Ministry of Construction respectfully sends the Delegation of National Assembly Deputies of Ho Chi Minh City to inform voters; sends to the Committee for Petitions and Supervision of the National Assembly to summarize, monitor, and supervise according to regulations.
