As we know, on February 15, 2016 the Ministry of Construction issued Circular 02/2016/ TT-BXD on the promulgation of regulations and management of condominiums. In the regulation on management and use of condominiums issued together with this Circular, the legal status of condominium management boards is stipulated as follows: “For multi-owner apartment buildings requiring the establishment of a management board according to the Law on Housing, the Management Board shall be an organization having legal capacity, legal stamp” (Article 17 of the Regulation on management and use of condominiums, issued together with the Circular 02/2016 / TT-BXD). At the same time, according to Clause 4, Article 22 of this Regulation: “After the Decision is issued, the recognized management board shall be responsible for opening an account for operation; in case of multi-owner apartment buildings, the management board should open an account for expenditures for maintenance of shared area according to the Law on Housing, this Regulation and register a legal seal according to laws on registration of legal seals (name of management board inscribed on the seal must be identical to the name recognized by People’s Committee of District)”. Under these regulations, the Condominium Management Board is a legal entity that has a seal and must be registered in accordance with the law. In addition, according to the Decree 99/2016/ND-CP on management of use of seals, which has come into effect on 1 July 2016, the following conditions were also applied: “The bodies, organizations or titles of the state are only permitted to use their seals upon regulations on the permission for use of seal in the legal normative documents or decision from the competent bodies; must register their seal sample before use.”, and according to Clause 15 of Article 8 of Decree No. 99/2016 / ND-CP stipulates that the agency using a seal with a logo or a seal without the logo, including the organization other authorized by the competent authority or licensed and authorized to use the seal.
However, in practice, when the management board applied for the seal, the local seal management agencies refused to do so, according to the current regulations, there are not enough legal basis to carry out procedures for the issuance of seals to the Management Board. At the same time, they do not have specific instructions from the higher level for this case such as management regulations, the form of showing the seal … From the personal point of view, with the current regulations, there are completely enough legal bases to carry out procedures to issue the seal to the management board: firstly, there is the regulation shows that the management board of the apartment is legal and can have the seal, secondly, according to Clause 15, Article 8 of Decree No. 99/2016/NĐ-CP, the management board is allowed to use The stamp which is issued and approved by the People’s Committee of District and allowed to use the seal, finally the procedure for granting the seal to other agencies and organizations as stipulated in Clause 11 of Decree No. 13, Decree 99./2016/ND-CP “new seal registration dossiers of other organizations established and operated under the provisions of law: Establishment decisions or operation permits of competent agencies.” Therefore, the refusal to carry out procedures for issuing seals to local authorities demonstrates a lack of flexibility in the application of the law.
The seal management authorities refused to grant the seal to the condominium administrator making the operation of the new regulation difficult. As according to a rule, after the decision to recognize the management board must be made to manage the maintenance funds of the common ownership to receive the maintenance funds from the investor in accordance with the Law On Housing and register the seal, but due to inadequacies, management boards face many difficulties in making decisions on the management of condominiums, opening bank accounts or entering into contracts with management unit. Therefore, in practice to meet the needs, the Board must self-engraving and self-management of the seal so now there are many different forms of management seal: square pattern, oval pattern … Concurrently, due to the fact that the seal cannot be registered at the same time, the seal of the Board of Management cannot be posted as formal, the signing is mainly based on the signature of the head or deputy head of the board, which makes it difficult to manage the decisions of the management, independent people.
From that it can be seen that although the Ministry of Construction has a legal status and seal so that the condominium boards can be convenient in their management functions, the implementation of the meeting again many inadequacies. It is hoped that the competent authorities will soon have specific guidelines to address these shortcomings, so that the law can be applied uniformly to meet the real needs of the people, namely those living in urban areas.
Vietlaw Solutions Firm.