The Government issued Decree No. 339/2026/ND-CP stipulating penalties for administrative violations in the fields of construction, management of technical infrastructure works, management, housing development, and real estate business. This Decree takes effect from August 26, 2026.
Accordingly, Article 59 of this Decree details the penalties for violations of investors regarding the management and use of apartment buildings and maintenance costs, including penalties for the act of not organizing the first apartment building conference. Specifically:
Article 59. Violation of investor regulations on management and use of apartment buildings and maintenance costs
1. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for one of the following acts:
a) Not opening a payment account or opening a payment account to manage maintenance funds for the common ownership part of the apartment building in violation of regulations;
b) Not having or being late in having a written request to the Commune-level People's Committee to organize the first apartment building conference for cases that do not meet the conditions on the number of people participating in the first apartment building conference as prescribed;
c) No written notification or incomplete notification of information to the provincial-level housing management agency where the project is located about the account name, opened account number, name of credit institution where the account is opened, foreign bank branch where the account is opened and term of deposit for maintenance expenses;
d) Failure to develop maintenance plans or failure to develop maintenance plans in accordance with regulations;
e) Not performing or not fully performing the responsibility of maintenance, operation management, and exploitation according to the approved project content as prescribed during the time before handing over technical infrastructure works in the area with apartment buildings as prescribed;
e) Not publicizing dossiers according to the provisions of housing law for apartment buyers and lease-purchasers before handing over apartments according to regulations or handing over but not making a record attached with legal documents related to houses for sale or lease-purchase.
2. A fine of VND 160,000,000 to VND 200,000,000 shall be imposed for one of the following acts:
a) Determining maintenance costs for the common ownership part of the apartment building not in accordance with regulations;
b) Not recording or incorrectly recording information about the payment account to manage maintenance funds for the common ownership part of the apartment building as prescribed in the contract of purchase and sale, lease-purchase of houses or other areas of the apartment building;
c) Not requesting credit institutions or foreign bank branches managing maintenance fund accounts to transfer funds and interest arising from maintenance funds to maintenance fund management accounts established by the Apartment Building Management Board;
d) Selling and renting car parking spaces in apartment buildings not in accordance with regulations.
3. A fine of between 200,000,000 VND and 260,000,000 VND shall be imposed for one of the following acts:
a) Not arranging area or arranging not enough area to build community activity houses, community activity spaces according to regulations;
b) Management and use of operating management funds not in accordance with regulations;
c) Failure to organize the first apartment building conference as prescribed;
d) Failure to prepare or improperly or incompletely prepare settlement documents for maintenance expenses of the common ownership part of the apartment building as prescribed.
Regarding remedial measures, point n, clause 5, Article 59 of this Decree stipulates the obligation to organize the first apartment building conference as prescribed for the acts specified in point c, clause 3 of this Article.
