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.
Clause 4, Article 59 of the Decree stipulates a fine of between VND 260,000,000 and VND 300,000,000 for one of the following acts:
- Arbitrarily converting the function and purpose of using the common ownership and common use of the apartment building or using the apartment for non-housing purposes;
- Arbitrarily using areas and equipment under common ownership, using commonly not in accordance with regulations;
- Changing the purpose of using the service area in a mixed-use apartment building without permission from a competent state agency;
- Determining the area of the apartment or other areas in the apartment building belonging to private ownership in violation of regulations;
- Failure to pay or insufficiently pay maintenance costs for the common ownership part of the apartment building as prescribed for the apartment area, other areas that the investor retains for sale or has not sold, has not leased for sale up to the time of handover and putting the apartment building into use;
- Failure to hand over or incomplete handover or improper handover of apartment building dossiers to the apartment building management board as prescribed;
- Not handing over, slow handover, incomplete handover of maintenance funds and interest deposited for maintenance funds of the common ownership part of the apartment building as prescribed;
- Management and use of maintenance funds not in accordance with regulations.
Regarding remedial measures:
Forced to open a payment account to manage maintenance funds for the common ownership part of the apartment building according to regulations for acts of not opening a payment account or opening a payment account to manage maintenance funds for the common ownership part of the apartment building;
- Be required to have a written request to the Commune-level People's Committee to organize the Apartment Building Conference according to regulations;
It is mandatory to have a written notice fully informing the provincial-level housing management agency about the opening of an account to deposit maintenance funds according to regulations for the prescribed act;
Forced to develop maintenance plans according to regulations for prescribed acts; forced to perform maintenance, operation management, and exploitation responsibilities according to regulations in cases where construction has not been handed over for prescribed acts.
Forcing the public disclosure of dossiers according to the provisions of the law on housing for apartment buyers and lease-purchasers before handing over apartments according to regulations or forcing the making of handover minutes attached to legal documents related to houses for sale and lease-purchase;
Forced to re-determine the maintenance cost of the common ownership part of the apartment building according to regulations for the acts specified in point a (on determining the maintenance cost of the common ownership part of the apartment building not in accordance with regulations) clause 2, Article 59 of this Decree;
It is mandatory to supplement complete information about the account for payment of maintenance funds for the common ownership part of the apartment building according to regulations for the prescribed acts in cases where customers have not paid enough maintenance funds;
Forced to adjust the sale and lease of car parking spaces in apartment buildings in accordance with regulations...
This Decree takes effect from August 26, 2026.
