Detail

THE MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 14/2011/TT-BXD

Hanoi, November 25, 2011

CIRCULAR

PROVIDING FOR PROFESSIONAL TRAINING IN CONDOMINIUM OPERATION MANAGEMENT KNOWLEDGE AND SKILLS

Pursuant to Decree No. 17/2008/ND-CP of the Government dated February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 71/2010/ND-CP of the Government dated June 23, 2010, detailing and guiding the implementation of the Housing Law;

Pursuant to the Government's Decree No. 35/2003 detailing a number of articles of the Law on Fire Prevention and Fighting dated April 4, 2003;

Pursuant to the Government's Decree No. 114/2010/ND-CP guiding the implementation of the Construction Law, regarding the maintenance of constructions works dated December 12, 2010;

The Ministry of Construction provides for training in condominium operation management knowledge and skills as follows:

Chapter I

GENERAL PROVISIONS

Article 1.

Scope of regulation

This Circular provides contents related to training in specialized knowledge and skills for operation management of condominiums (including multi-story buildings for mixed use purposes with housing spaces) under Decree No. 71/2010/ND-CP of the Government dated June 23, 2010, detailing and guiding the implementation of the Housing Law.

Article 2.

Subjects of application

1. Training is compulsory for members of the directorates of enterprises which manage the operation of condominiums, leaders of technical, security, fire-fighting and environmental sanitation teams and heads of working shifts operating condominiums.

2. Domestic and foreign organizations and individuals are encouraged to participate in training courses on condominium operation management knowledge and skills, if they so wish.

3. Those defined in Clauses 1 and 2 of this Article are below referred collectively to as trainees.

4. Organizations and individuals involved in training in condominium operation management knowledge and skills.

Article 3.

The purpose and requirements of the training

1. Help for students who are eligible to capacity when participating in management and operation of condominiums.

2. Supply capkien legal knowledge and expertise and professional; method, skills vakinh experience actual operation to participate in the management of condominiums.

Article 4.

Definitions
1. "Condominium operation management" means the management control, to maintain the operation of the system equipment (including air conditioning systems, fire protection, elevators, water pumps, generator room, technical infrastructure, and other equipment) under common ownership or common use of the condominium; provide services (protection, sanitation, car care, garbage collection , tending gardens, plants, insecticides and other services) to ensure normal operation for condominiums.

2. "Condominiums Maintenance" is the maintenance, regular maintenance, periodic repair, emergency housing repair and construction equipment, technological equipment associated with the condominium in order to maintain the quality apartment.


Chapter II

CONDITIONS FOR REGISTRATION, EVALUATION AND ACCREDITATION FOR ORGANIZATIONS PERFORMANCE TRAINING, FOSTERING EXPERTISE, PROFESSIONAL OPERATION MANAGEMENT APARTMENT

        
Article 5.

Conditions for the implementation of training, professional knowledge, professional management and operation of the condominium Organize training, professional knowledge, professional management and operation of the condominium (hereinafter referred to as the institution) must meet the following conditions:

1. Training function, be established and operate in accordance with the law;

2. Make sure the scale classrooms and facilities in accordance with the number of students and the facilities and equipment to meet the requirements of teaching and learning;

3. There are number of teachers training institutions and social insurance premiums paid is at least equal to 40% of teachers participate in training courses, meet the requirements specified in Article 10 of this Circular;

4. Teaching materials are compiled in accordance with the framework program as provided for in Chapter III of this Circular;

5. The management apparatus to meet the training requirements, professional knowledge, professional management and operation of the condominium; quality management process and the person in charge of training courses;

6. Lap records registered under the provisions of Article 6 of this Circular and recognized by the Ministry of Civil dungquyet qualified training institutions, professional knowledge, professional management and operation of the condominium under Article 7 of this Circular.

Article 6.

Registration dossiers Profile registered Taobao accredited institutions including:

1. 01 original application to be recognized as the basis of training, professional knowledge, professional management and operation of condominiums in the form provided in Appendix 2 of this Circular;

2. 01 copies (certified) training establishment decision of the competent authority or 01 copies (certified) registration certificate business nghieptheo provisions of law; 01 report declared list and information about the teaching staff together with proof to ensure the conditions specified in Clause 3, Article 5 of this Circular;

3. 01 sets of teaching materials in accordance with the framework program specified in Chapter III of this Circular and 01 report disclosures are eligible to be recognized as the basis of training, professional knowledge, professional management and operation of condominiums.

Article 7.

The order of evaluation and decision recognized training institutions, professional knowledge, professional management and operation of the condominium

1. The evaluation and recognition of training institutions, professional knowledge, professional management and operation of the condominium

a) Evaluation Council, recognized training institutions, professional knowledge, professional management and operation of the condominium (hereinafter referred to as the Council for evaluation) by the Minister of Construction decided to up. Composition of evaluation include: Administration of the real estate market and the Permanent Council of the evaluation, a number of relevant units of the Building and Construction Department representative where institutions ( to perform direct inspection training facility in case of necessity as prescribed in clause 3 of this article).

b) evaluation council held to consider conditions and registration documents of the institutions specified in Article 5 and Article 6 of Circular reporting nayde Ministry of Construction decision.

2. Registration Filing

a) training establishments registration dossier provided for in Article 6 of this Circular and send by post to the Department of Administration and the real estate market - Standing Appraisal Committee of the Ministry of Construction.

b) the standing council of the Ministry of Construction to check the records, if not all the documents specified in Article 6 of this Circular, directly inform and guide institutions through written or telephone or electronic mail (email) to the legal representative of the institution on the additional records.

c) Where the records have all the papers as stipulated in Article 6 of this Circular, the Permanent Council of the Ministry of Construction and evaluation report for training facilities by electronic mail (e-mail) of the the law of the institution on the submitted dossier.

3. Procedures for evaluation and accreditation institutions

a) Evaluation Council of the Ministry of Construction shall evaluate registration dossiers of training institutions, if necessary, the evaluation of the proposal Council direct the Department of Construction to check the capacity of training institutions on area under the conditions specified in Article 5 of this Circular, the evaluation report to the Board of the Ministry of Construction for consideration and decision.

b) Based on the evaluation report of the Evaluation Council, the Ministry of Construction issued decide dinhcong receive qualified training institutions organize training courses, professional knowledge, professional management and operation of the apartment and placed on electronic portal (website) of the Ministry of Construction. Training institutions have registered and recognized the training must be organized by name registered and logged in recognition decisions.

4. The promulgation and duration of effect of the decision to recognize the training facility

a) Ministry of Construction issued the decision to recognize the institutions eligible training institutions, professional knowledge, professional management and operation of condominiums within 30 days from the date of notification under specified at Point c, Clause 2 of this Article and send the decision to recognize the training facilities, the Department of Construction where institutions are headquartered.

b) Decision accrediting institutions taoco to a period of 05 years; case also needs training, professional knowledge, professional management and operation of the condominium, the institution must report to the Ministry of building to be considered, extending Decision recognized training institutions.

c) Decision accrediting institutions taose to expire after 05 years from the date of decision or the decision accrediting institutions taobi to permanently withdraw or institutions taogiai or merged.


Chapter III

TRAINING PROGRAM FRAMEWORK, FOSTERING EXPERTISE, PROFESSIONAL OPERATION MANAGEMENT APARTMENT


Article 8.

Knowledge base

Total time of 16 more, including 02 lectures with the following contents:

1. Basic knowledge of land law, construction, housing and real estate and business related laws (08 more);

2. Legal knowledge about quality management, condominium management and operation (08 periods).

Article 9.

Expertise, professional management and operation of the condominium

1. Total time of 44 more, including 05 deals with the following contents:

a) Session 1. Management operations, warranty, maintenance and power supply system, water supply and drainage in and out of the apartment (08 more);

b) Session 2. Operational management, warranty and maintenance of ventilation systems - heating in the apartment (08 more);

c) Topic 3: Management operations, warranty and maintenance of elevators in condominiums (08 more);

d) Session 4: Managing the operation and maintenance, system maintenance and fire fighting equipment (fire); fire safety; protection, rescue, rescue and disaster response in Condominium (16 more);

e) Session 5: Management of hygiene, environment and landscape of the condominium (04 periods).

2. Outline of topics

a) thematic outline of contents 1

- Manage the operation of the power supply system, water supply and drainage, in addition to the apartment (if the main structure, principle of operation of the system and the troubleshooting techniques in operation);

- The warranty apartment, mechanical systems, equipment and power supply, water supply and drainage, in addition to condominiums (including the contents of warranty, the warranty time and funding, including common ownership and private ownership of the condominium);

- The condominium maintenance, mechanical systems, equipment supply, water supply and drainage in addition to condominiums (including maintenance content, process and maintenance costs, including common ownership and private ownership of the condominium);

- Responsibilities and coordination mechanism between business management and operation with Investors, Board of Management, local authorities and building contractors, construction equipment suppliers (system power supply and drainage, etc.).

b) thematic outline of contents 2

- Manage the operation of the ventilation system - heating in the apartment (if the main structure, principle of operation and troubleshooting techniques in operation);

- The ventilation system warranty - Heat (content warranty, time and funds warranty);

- The maintenance of the ventilation system - Heat (content maintenance process and maintenance costs);

- Responsibilities and coordination mechanism between business management and operation with Investors, Board of Management, local authorities and contractors to provide ventilation - heat.

c) thematic outline of contents 3

- Manage operating elevator in the apartment (if the main structure, principle of operation, capacity, speed, lifting capacity of the lift and the troubleshooting techniques in operation);

- The warranty elevator (content warranty, the warranty time and funding);

- The elevator maintenance (maintenance content, process and maintenance costs);

- Responsibilities and coordination mechanism between business management and operation with Investors, Board of Management, local authorities and contractors to provide lift.

d) thematic outline of contents 4

- Manage operating machinery, fire fighting and rescue equipment, rescue site (if the main structure, principle of operation of the system and the troubleshooting techniques in operation);

- The warranty of machinery, fire fighting and rescue equipment, rescue (content warranty, time and funds warranty);

- The maintenance of machinery, equipment and fire and rescue, rescue (content maintenance process and maintenance costs);

- Some knowledge of professional fire safety, protection, rescue, rescue and disaster response in the condominium;

- Responsibilities and coordination mechanism between business management and operation with Investors, Board of Management, local authorities, fire and rescue agencies, rescue.

e) The thematic outline of 5

- Manage operating machinery, equipment, garbage pit, sanitation, landscape (if the main structure, principle of operation of the system and the troubleshooting techniques in operation);

- The warranty of machinery, equipment, garbage pit sanitation (content warranty, time and funds warranty);

- The maintenance of machinery, equipment, garbage pit sanitation (content maintenance, process and maintenance costs);

- Responsibilities and coordination mechanism between business management and operation with Investors, Board of Management, local government and urban environmental management agencies.

Article 10.

Requirements for teacher's training

1. Teachers who have college degree or higher corresponding specialized lectures, seminars, practical experience of at least 03 years or have worked at least 05 years in the industry, training follows:

a) Lecture 1, 2 Knowledge Base Article 8 of this Circular and Title 1: architecture and construction;

b) Session 2: Career management techniques ventilation - heat;

c) Topic 3: Occupation management techniques elevator;

d) Session 4: Major fire prevention, fire fighting, rescue and salvage;

e) Session 5: The urban environment sector.

2. Statements about faculty qualifications, practical experience in professional activities.

Article 11.

Practice, final inspection and certification time

Practice and the actual survey, final theory test has a total length of 14 information, including the following:

1. Practice and practical survey (12 more)

a) Practical protection, fire safety, rescue, rescue and disaster response in the condominium;

b) the actual survey on the management of operating in a number of condominium projects (including the multi-storey mixed use purposes including in the area); report harvest.

2. The last theory exam (02 more)

a) Time check: 02 periods;

b) Type of test: test.

3. Time Certificate

Time certificate of completed training, professional knowledge, professional management and operation of condominiums maximum la10 days from the date of the legal representative of the institution signed a decision certificates to the participants.


Chapter IV

ORGANIZATION OF TRAINING, CERTIFICATION LEVEL REGIME CONTENTS REPORT


Article 12.

Training institutions, professional knowledge, professional management and operation of the condominium

1. Organizational training courses shall:

a) Notice of enrollment requirements for students, programs, content, training, time, location, cost and other necessary information;

b) Within 07 days before the training course, training institutions must report to the Department of Building where scheduled training courses on time, venue training; schedule, list students; lists and information faculty to teach specified in Appendix 1 of this Circular; programs and training content. Where there is a change, institutions must promptly notify the Department of Construction where scheduled training;

c) To disseminate the rules and regulations of the training, provide adequate documentation for students; organization of teaching and learning to ensure the content and time specified; ensure correct class faculty as list registration books, time control of students;

d) To examine the theory, practice the end of the training and assessment and classification of learning outcomes to issue certificates to students; layout homeroom teacher of each training course, grading tests theoretical investigation of students on the basis of the answers of professional teachers, relevant technical with thematic preached;

e) the decision of the certification, the list of participants are certified to the Department of Building and Construction Ministry; take the opinions of students on training courses.

2. The training must be focused organization, ensuring time and content of the framework program specified in Chapter III of this Circular. Encourage institutions to expand the thematic content and add more advanced topics for the course (such as foreign experience; management software, organizational structure, human resource management, business management operating costs; cultural behavior and resolving cases related to the management and operation of condominiums, etc.).

3. Students are responsible for payment of funds for training institutions; tuition fees and the management and use of fees determined by the institution on the basis of ensuring offset the cost of training.

Article 13.

Council assess learning outcomes and review certification

The head of the Council decided to establish training, promulgating the Regulation on the operating activities of the Council for the organization of training, assessment test results, final ranking and review certification completed training courses for students.

Article 14.

Issuance of new certificates of completion of training

1. Students participate in training to ensure the specified time and learning outcomes assessment Councils meet the above requirements are completed certification training. Training institutions must have books for monitoring and managing the certification of their units.

2. Training institutions responsible in the management certificate. Content, form and specifications of a certificate in the form prescribed in Appendix 3 of this Circular.

3. The completed certification training, professional knowledge, professional management and operation of condominiums for students is not a substitute for professional certification training fire officials, the team Fire team members of the condominium in accordance with the law on fire.

Article 15.

Re-certification
1. Who has been granted a certificate request for re-training base for his certificate in case the certificate was torn.

2. The application for re-certification must make an application together with the photos sent to the training facility was certified for the first time and have to pay the cost of training facilities as prescribed.

3. Training facility was certified for the first time based on original documents to carry out the re-certification of the contents as the certificate for the first time.

Article 16.

Recordkeeping

Training institution shall make and keep records after each training course of at least five years to cater to the inspection of the competent State agencies and the issuance of certificates, including the following profile:

1. Admission records, the list of participants; certification decision and the summary of student certificate (name, year of birth, qualifications, contact address, place of residence) each training course; checkpoint results certified by the institution;

2. List of faculty members participate in training courses (full name, year of birth, occupation, qualification, place of work, contact);

3. The original signature of the students receive a certificate of training, knowledge, expertise, professional management and operation of condominiums.

Article 17.

Mode and content of reports

1. Every 03 months, training institutions must report in writing content includes: the number of training courses, the summary (name, year of birth, place of residence, etc.) of students Course participants have been certified to the Department of Building where training organizations, and report to the Ministry of Construction.

2. Every 06 months, the Department of Building Construction Ministry report written about for the revocation of a certificate issued to students by the institution violations specified at Point d, Clause 1, Article 19 of the Circular unexpected or report as required by the Ministry of Construction.

3. Evaluation Council of the Ministry of Construction moved for Information Center - Build a list of accredited institutions and timely information about the institutions and individuals for violations postings Center load on the information portal (website) of the Ministry of Construction.

 

Chapter V

DISPUTE RESOLUTION AND HANDLING VIOLATIONS


Article 18.

Settlement of Disputes

The disputes of students, teachers, individuals and related organizations training, professional knowledge, professional management and operation of the condominium to be addressed on the basis of reconciliation in accordance with of this Circular and the provisions of law. If the dispute can not be reconciled, the court may resolve.

Article 19.

The settlement and handling of violations

1. The violations of the training include:

a) for rent, lend legal status;

b) Do not send written notice prior to the course of the Construction; not send decisions and list students are certified to the Department of Construction and the Ministry of Construction; does not submit periodic reports to the Department of Civil and the Ministry of Construction and violation of other provisions of this Circular;

c) Do not open the content needed when enrollment; training management processes; Council not established learning outcomes assessment and granting of certificates to students; no records storage after training;

d) Use of teachers do not meet regulatory requirements; does not guarantee the quantity and content of the program as prescribed; organization for students who do not test the theory and practice.

2. The settlement and handling of violations

a) In case of violation specified at Point a, Clause 1 of this Article shall be dealt with and dealt with as follows:

- If the first violation, remedial requirements (if any) and the suspension of the operation of the training facility; if the second violation, remedial requirements and recovery time to decide recognized training institutions;

- If the third violation, permanent recovery decision recognized training institutions. The heads of institutions and individuals involved based on the extent of the violation, disciplined, handling administrative violations, damages, criminal prosecution under the provisions of law .

b) In case of a violation of the provisions at Point b, Clause 1 of this Article, be warned, asked not to repeat;

c) In case of a violation of the provisions of Point c, Clause 1 of this Article shall be required to overcome the consequences, damages (if any);

d) In case of a violation of the provisions of Point d, Clause 1 of this Article shall be for the revocation of a certificate issued to students. The head of the institution, related individuals based seriousness of their violations, be disciplined, handling administrative violations, damages, criminal prosecution under the provisions of law law.

3. Competent handling of violations

a) Ministry of Construction and remedial requirements, suspension and withdrawal of a term, permanent recovery decision on recognition training facility as prescribed at Point a, Clause 2 of this Article; notice on electronic portal (website) of the Ministry of Construction on violations of the training facility.

b) Department of Construction reminded in writing of violations of training institutions; for the revocation of a certificate issued to students at Point d, Clause 2 of this Article and report to the Ministry of Construction.


Chapter VI

IMPLEMENTATION

 

Article 20.

Responsibilities of People's Committees of provinces and cities directly under the Central Government and the Department of Construction

1. Directing the Department, organizational departments inspect and check the operation of the training institutions and supervise the management and operation of condominiums in the area under the provisions of this Circular, handling of violations competence.

2. Department of Construction is responsible for organizing inspections, inspections and irregular operation of the above-mentioned institutions and supervise the management and operation of condominiums in the area; resolve complaints report and handle violations according to their competence, reporting to the Ministry of Construction, People's Committees of provinces and cities directly under the Central Government for consideration and decision.

Article 21.

Implementation provisions

1. Communications Department of Administration and the real estate market:

a) To assist the Minister in the Ministry of Construction to Permanent Council of the evaluation;

b) To guide, supervise, training, professional knowledge, professional skills and supervise the management and operation of condominiums on a national scale.

c) Synthesis report on the implementation of this Circular periodically and propose amendments and supplements to the Minister of Construction for consideration and promulgation.

2. Later than 12 months from the date of this Circular takes effect, the subjects specified in Clause 1, Article 2 of this Circular must have a certificate of completion of training may participate in operational management ; cases detected above objects do not have a certificate that participated in the management and operation of the condominium shall be based on the extent of the violation, director of business management and operation, the individuals concerned will be handle violations according to the provisions, compensation (if any), subject to criminal prosecution in accordance with law.

3. This Circular takes effect from the date of 09/01/2012.

In the course of implementation, if any problems arise, the local sent to the Ministry of Construction to amend and supplement accordingly. /.



FOR THE MINISTER

DEPUTY MINISTER


(Signed and sealed)


Nguyen Tran Nam

 

(This translation is for reference only)

 

Number 14
Symbol 2011/TT-BXD
Issue date 25/10/2011
Effective date 9/1/2012
Expired Date null
Signer Nguyen Tran Nam
Descriptions Circular No. 14/2011/TT-BXD providing for professional training in condominium operation management knowledge and skills.
Office Ministry of Construction
Type of Document Circular
Field Housing and Real Estate Market
File: CIR_14_2011_TT-BXD.doc