On the Ministry of Construction's Information Portal, citizen L.M. K wondered:
According to regulations, the apartment building where Mr. L.M. K (HCMC) lives must organize the first apartment building conference before August 2023. However, the Conference has not yet been held.
Because the investor did not organize the first apartment building conference according to regulations, on July 1, 2025, residents applied to the Ward People's Committee to organize according to the Housing Law, the organization period is 30 days from the date of receiving the residents' request. On April 10, 2026, the Ward People's Committee issued an official dispatch, in which the ward cited the regulation: The investor is responsible for organizing the first apartment building conference. If the investor does not organize, the commune-level People's Committee is responsible for organizing.
However, the Ward People's Committee believes that because "the investor has not received a document about not organizing the first apartment building conference," it is still allowed for the investor to continue to coordinate in organizing.
Mr. K asked, if the first apartment building conference is not organized after the deadline, is it considered a violation of legal regulations and are the functional agencies responsible for handling it? Or is it necessary to wait for the investor to have a written confirmation or recognition of not organizing as stated in the official dispatch of the Ward People's Committee to be considered a violation?
Is it in accordance with legal regulations that the commune-level People's Committee waits for the investor to send a document confirming that it will not organize the first apartment building conference before performing state management responsibilities?
After researching, the Ministry of Construction answers this question as follows:
Article 15 of the Regulation on management and use of apartment buildings (issued together with Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction) detailing a number of articles of the Housing Law (hereinafter referred to as Regulation No. 05) has stipulated the first apartment building conference.
Clause 5, Article 15 of Regulation No. 05 stipulates that the People's Committee of the commune where the apartment building is located is responsible for organizing the first apartment building conference when one of the following cases occurs:
a) The apartment building has been handed over and put into use for more than 12 months and 50% of the apartments have been handed over according to the provisions of point a, clause 1 of this Article, but the investor does not organize the Apartment Building Conference and has a request from the representative of the apartment owner who has received the handover;
b) In case there are not enough people attending the Apartment Building Conference as prescribed in Clause 2 of this Article and there is a written request from the investor or a request from the representative of the apartment owner who has received the handover;
c) The investor terminates operations due to dissolution or bankruptcy according to the provisions of law and has a request from the representative of the apartment owner who has received the handover".
Clause 7, Article 15 of Regulation No. 05 stipulates: "Within 30 days from the date of receiving the application from the representative of the apartment owner who has received the handover or received the written request from the investor as prescribed in Clause 5 of this Article, the commune-level People's Committee is responsible for organizing the first apartment building conference. The results of the first apartment building conference organized by the commune-level People's Committee are valid for owners and people currently using apartment buildings as the first apartment building conference organized by the investor".
It is requested that you compare the specific case at the apartment building with the above-mentioned legal regulations for implementation.
In the process of implementation, if there are difficulties or obstacles related to the provisions of the law on housing, please contact the Ho Chi Minh City Department of Construction, which is the state management agency in the field of housing in Ho Chi Minh City, for guidance and resolution according to their authority.
