This Decree stipulates administrative violations, completed administrative violations, ongoing administrative violations, forms of penalties, penalty levels, remedial measures for each administrative violation, subjects of penalties, authority to impose penalties, specific fines according to each position, authority to draw up violation reports, and the implementation of administrative penalties in the fields of construction, management of technical infrastructure works, housing management and development, and real estate business.
For construction projects built on land not designated for its intended use, administrative penalties will be imposed in accordance with the Decree on administrative penalties in the field of land. (*)
For construction works or construction items that simultaneously violate both land law and construction law, and do not fall under the cases specified in (*), they shall be handled according to the provisions of this Decree and the Decree on administrative sanctions in the field of land.
Fines of up to 200 million VND will be imposed for the illegal sale or rental of parking spaces in apartment buildings.
Regarding penalties for violations of regulations by the investor concerning the management and use of apartment buildings and maintenance funds, Article 59 of the Decree stipulates as follows:
1. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for any of the following acts:
a) Failure to open a payment account or opening a payment account to manage maintenance funds for common areas of an apartment building in violation of regulations;
b) The absence or delay in submitting a written request to the People's Committee of the commune to organize the first condominium owners' meeting in cases where the number of participants does not meet the requirements as stipulated;
c) There is no written notification or the notification is incomplete in providing information to the provincial housing management agency where the project is located regarding the account name, account number, name of the credit institution where the account was opened, branch of the foreign bank where the account was opened, and the deposit term for maintenance funds;
d) Failure to create a maintenance plan or creating a maintenance plan that does not comply with regulations;
d) Failure to perform or inadequate performance of maintenance, operational management, and exploitation responsibilities as stipulated in the approved project during the period before the handover of technical infrastructure facilities in the area containing the apartment building as prescribed;
e) Failing to disclose the required housing documents to buyers or leaseholders before handing over the apartment as stipulated by law, or handing over the apartment without preparing a handover record accompanied by relevant legal documents related to the purchased or leased housing.
2. A fine of between VND 160,000,000 and VND 200,000,000 shall be imposed for any of the following acts:
a) Determining the maintenance costs for common areas of an apartment building in violation of regulations;
b) Failure to record or incorrect recording of payment account information for managing maintenance funds for common areas of the apartment building as stipulated in the purchase or lease-purchase contract for the apartment or other areas of the apartment building;
c) Do not request credit institutions or branches of foreign banks managing the maintenance fund account to transfer funds and accrued interest from the maintenance fund to the maintenance fund management account established by the condominium management board;
d) Selling or leasing parking spaces in apartment buildings in violation of regulations.
3. A fine of between VND 200,000,000 and VND 260,000,000 shall be imposed for any of the following acts:
a) Not allocating sufficient space or providing inadequate space for community centers or community living areas as required by regulations;
b) Improper management and use of operating and management funds;
c) Failure to hold the first condominium owners' meeting as required;
d) Failure to prepare, or preparing incorrectly or incompletely, the financial settlement documents for the maintenance of common areas in apartment buildings as required by regulations.
Fines of up to 300 million VND will be imposed for failing to hand over maintenance funds to the Management Board.
4. A fine of between VND 260,000,000 and VND 300,000,000 shall be imposed for any of the following acts:
a) Arbitrarily changing the function or purpose of use of the common areas or shared facilities of an apartment building, or using an apartment for purposes other than residential use;
b) Unauthorized use of areas and equipment belonging to common ownership or shared use in violation of regulations;
c) Changing the intended use of the service area within a mixed-use apartment building without permission from the competent state authority;
d) Determining the area of an apartment or other privately owned area within an apartment building in violation of regulations;
d) Failure to pay or insufficient payment of maintenance fees for common areas of the apartment building as prescribed for the apartment area, and other areas that the investor retains and has not sold or leased up to the time of handover and commissioning of the apartment building;
e) Failure to hand over, incomplete handover, or handover of condominium building documents to the condominium management board within the prescribed timeframe;
g) Failure to hand over, delayed handover, or incomplete handover of maintenance funds and interest earned on maintenance funds for common areas of the apartment building as stipulated;
h) Improper management and use of maintenance funds.
5. Remedial measures:
a) Mandating the opening of a payment account to manage maintenance funds for common areas of the apartment building in accordance with regulations for the actions specified in point a, clause 1 of this Article;
b) A written request must be submitted to the People's Committee of the commune to organize a condominium owners' meeting in accordance with regulations for the actions specified in point b, clause 1 of this Article;
c) Mandatory written notification with full information regarding the opening of a deposit account for maintenance funds as prescribed to the provincial housing management agency for the actions specified in point c, clause 1 of this Article;
d) Mandating the establishment of a maintenance plan in accordance with regulations for the actions specified in point d, clause 1 of this Article;
d) To compel the fulfillment of maintenance, operational management, and exploitation responsibilities as prescribed in cases where the project has not yet been handed over, for the acts specified in point d, clause 1 of this Article;
e) Requiring the public disclosure of documents as prescribed by housing law to buyers or leaseholders of apartments before handing over the apartment as prescribed, or requiring the preparation of a handover record accompanied by relevant legal documents related to the purchased or leased housing, for the acts specified in point e, clause 1 of this Article;
g) To require a reassessment of the maintenance costs for the common areas of the apartment building in accordance with regulations for the actions specified in point a, clause 2 of this Article;
h) To require the full provision of information regarding the payment account for maintenance fees for common areas of the apartment building as stipulated in point b, clause 2 of this Article, in cases where the customer has not paid the full maintenance fee;
i) A written request is required in accordance with regulations for the acts specified in point c, clause 2 of this Article;
k) To compel the adjustment of the sale and lease of parking spaces in apartment buildings to comply with regulations for the acts specified in point d, clause 2 of this Article;
l) Require the provision of sufficient space as prescribed for the acts specified in point a, clause 3 of this Article;
m) To compel reimbursement of the amount of money misused for the acts specified in point b of clause 3 and point h of clause 4 of this Article;
n) To compel the organization of the first condominium owners' meeting in accordance with regulations for the acts specified in point c, clause 3 of this Article;
o) Require the full preparation of maintenance expense settlement documents as prescribed for the acts specified in point d, clause 3 of this Article, except for documents that cannot be prepared after the date of issuance of the penalty decision;
p) To compel the restoration to the original state or the proper use for the purposes specified in points a, b, and c of Clause 4 of this Article;
q) To require the determination of the area of the apartment or other area within the apartment building that is privately owned, in accordance with regulations, for the acts specified in point d, clause 4 of this Article, regarding unliquidated housing purchase and lease-purchase contracts;
r) To compel full payment of maintenance fees for common areas of the apartment building as prescribed for the acts specified in point d, clause 4 of this Article;
s) Compulsory handover of records as prescribed for the acts specified in point e, clause 4 of this Article;
t) To compel the handover of maintenance funds for the common areas of the apartment building and all accrued interest as stipulated for the acts specified in point g, clause 4 of this Article.
This Decree shall take effect from August 26, 2026./.
