After transferring maintenance funds to the account of the Apartment Management Board, the credit institution must notify the Provincial People’s Committee, the Department of Construction, the investor and the Apartment Management Board in writing.
The Ministry of Construction proposes regulations to enforce the handover of maintenance costs for common areas of apartment buildings.
Forced handover from the investor’s business account
Regarding the order and procedures for enforcement of handover from the investor’s business account (Article 80), the district People’s Committee shall issue a document requesting the credit institution to provide information about the investor’s business account and amount in this account. Within 07 days from the date of receiving the document from the district-level People’s Committee, the credit institution is responsible for providing relevant information to the district-level People’s Committee.
Based on the information provided by the credit institution, the district People’s Committee issues a decision to enforce the recovery of funds from the investor’s business account to transfer to the apartment building management board. This enforcement decision is sent to the Department of Construction, the investor, the apartment building management board, and the credit institution where the investor opens an account for implementation. The apartment building’s management board is responsible for publicly announcing the enforcement decision on the apartment building’s bulletin board;
Within 05 days from the date of receiving the enforcement decision, the credit institution is responsible for transferring money from the investor’s business account to the account of the Apartment Management Board according to the exact amount stated in the contract. coercive decision. After completing the money transfer, the credit institution must notify the district People’s Committee, Department of Construction, investor and apartment building management board in writing.
Forced distraint and auction of investor’s assets
Regarding the order and procedures for enforcement of distraint and auction of the investor’s assets (Article 81), the district People’s Committee coordinates with the Department of Construction, police and relevant agencies to inspect and determine specifically the area of the investor’s house and land at the project where the apartment building is located or at another project to carry out distraint and auction to recover maintenance costs. In case the investor does not have an area of house or land or has an area of house or land to distrain but is not valuable enough to sell to recover maintenance costs, then identify other assets of the investor for auction. The price recovers enough funds to transfer to the apartment building management board.
The District People’s Committee will only distrain the area of houses, land or other assets with a value equivalent to the amount of maintenance costs that must be recovered to hand over to the Apartment Management Board and the cost of organizing the implementation. enforce and auction this property;
Based on the area of the investor’s house, land or other assets determined according to the provisions of Point a of this Clause, within 10 days, the Department of Construction must send a document to the district-level People’s Committee requesting issuance. Decide to forcibly distrain the investor’s assets to auction to recover apartment maintenance costs. The decision to enforce asset distraint must clearly state the basis for the decision, the name and headquarters of the investor distrained, the amount of maintenance costs to be recovered, and the type and quantity of assets. Must distrain and location of assets to be distrained.
The handover of maintenance costs after the asset auction must be made in a record with signatures and confirmation of the relevant parties. In case the amount of property auctioned is more than the amount of maintenance costs to be handed over and the cost of enforcing the property auction, within 30 days from the date of the property auction, the Department of Construction is responsible for coordinating with the asset auction organization to carry out procedures to return the difference in value to the investor whose assets are distrained for auction…
Ninh Phan