On September 4, the Government Office said that the Government has just issued Decree No. 339/2026/ND-CP stipulating penalties for administrative violations in the fields of construction, management of technical infrastructure works, management and development of houses, and real estate business.
In which, noteworthy are the regulations on penalties for violations of investors regarding the management and use of apartment buildings and maintenance costs.
Regarding the regulations on penalties for violations of investor regulations on the management and use of apartment buildings and maintenance costs, Article 59 of the Decree stipulates as follows:
1. A fine of between 80,000 VND and 100,000 VND shall be imposed for one of the following acts:
- 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;
- Not having or being slow to have 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;
- 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;
- Failure to make maintenance plans or making maintenance plans improperly;
- Failure to perform or incompletely perform 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;
- 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 minutes attached with legal documents related to houses for sale or lease-purchase.
2. A fine of between VND 160,000,000,000 and VND 200,000,000,000 shall be imposed for one of the following acts:
- Determining maintenance costs for the common ownership part of the apartment building not in accordance with regulations;
- 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;
- Do not request 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;
- Selling and renting car parking spaces in apartment buildings not in accordance with regulations.
