Mr. V.V.A in Ho Chi Minh City asked, if the management board has expired (as stated in the decision) and ceased operations, during the period of time to propose recognizing the new management board until the competent authority decides to recognize the new management board, who is responsible for handling the management board's authority in charge of handling issues?
Will the management board's term expiration (cessing operations due to term expiration) be adjusted by Clause 5, Article 148 of the Housing Law or Clause 5, Article 26 of Circular No. 05/2024/TT-BXD dated July 31, 2024?
The Ministry of Construction responds to this issue as follows:
Clause 5, Article 148 of the 2023 Housing Law stipulates:
"In case the apartment building management board terminates its operation but 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 responsibility of the apartment building management board until the new apartment building management board is recognized".
Clause 5, Article 26 of the Regulations on Management and Use of Apartment Buildings issued with Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction stipulates the dismissal or removal of members of the Management Board or the entire Management Board:
"When proposing to elect a new member to replace the board of directors, the board of directors that have been recognized will continue to operate according to the operating regulations until the competent authority recognizes the new board of directors.
In case of re-election of the management board due to dismissal or removal, the new management board will be elected by the apartment building conference in coordination with the People's Committee of the commune where the apartment building is located and the management unit will operate to exercise the powers and responsibilities of the management board until the competent authority recognizes the new management board.
The provisions of Clause 5, Article 26 of the regulations only apply to cases of dismissal or removal of members of the management board or the entire management board specifically specified in Clauses 1 and 2, Article 6.
