Fine up to 130 million VND, forced to use for living if using the apartment for the wrong purpose

PHẠM ĐÔNG |

The act of arbitrarily changing the function and purpose of using the common ownership part of the apartment building; using apartments for non-housing purposes is fined up to 130 million VND.

This content is stipulated by the Government in Decree No. 339/2026/ND-CP on sanctioning administrative violations in the fields of construction, management of technical infrastructure works, management and development of houses, and real estate business.

According to Article 62 of Decree 339/2026/ND-CP stipulating the level of administrative sanctions for violations of regulations by owners and users on management and use of apartment buildings, detached houses, and detached houses in housing construction projects as follows:

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of not paying maintenance funds for the common ownership part of the apartment building as prescribed.

2 A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for one of the following acts:

a) Illegally occupying residential area; encroaching on space and area belonging to the common ownership of the apartment building or of other owners in any form;

b) Changing or damaging the load-bearing structure in apartment buildings; dividing or separating apartments without permission from competent state agencies;

c) Using the area and equipment owned and shared by the apartment building for private use;

d) Using the area belonging to common ownership for the wrong purpose or the service area in a mixed-use apartment building.

3. A fine of between 100,000,000 VND and 130,000,000 VND shall be imposed for one of the following acts:

a) Intentionally causing seepage and leaks in apartment buildings;

b) Using paint color, exterior decoration of apartments and apartment buildings not in accordance with design and architecture regulations;

c) Arbitrarily changing the function and purpose of using the common ownership part, using the common apartment building;

d) Using apartments for non-housing purposes, except for leasing for living according to the provisions of housing law;

e) Failure to manage and operate multi-story multi-apartment houses of individuals as prescribed;

e) Using individual houses for business purposes of flammable and explosive materials, business services causing environmental pollution, noise, affecting social order and safety, and residential area activities without complying with the provisions of law on business conditions.

4. Remedial measures:

+ Forced to fully pay the maintenance costs of the common ownership part of the apartment building according to the regulations for the acts specified in Clause 1, Article 62 of Decree 339/2026/ND-CP;

+ Forcing the return of the area and equipment as prescribed for the acts specified in points a, c, clause 2, Article 62 of Decree 339/2026/ND-CP;

+ Forced to use for the right purpose the area belonging to common ownership or the service area in mixed-use apartment buildings for the acts specified in point d, clause 2, Article 62 of Decree 339/2026/ND-CP;

+ Forcing the restoration to the original state for the acts specified in point b, clause 2, point a, point b, point c, clause 3, Article 62 of Decree 339/2026/ND-CP;

+ Forcing the use of apartments for residential purposes for the acts specified in point d, clause 3, Article 62 of Decree 339/2026/ND-CP;

+ Forcing the management and operation of multi-story houses and multi-apartments of individuals according to regulations for acts specified in point d, clause 3, Article 62 of Decree 339/2026/ND-CP;

+ Forcing the use of detached houses to comply with the provisions of law on business conditions for acts specified in point e, clause 3, Article 62 of Decree 339/2026/ND-CP.

This Decree takes effect from August 26, 2026.

PHẠM ĐÔNG
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