Lawyer Pham Duy Khuong answered VTV about prosecuting violators on the use of apartment maintenance fees

Lawyer Pham Duy Khuong answered VTV about prosecuting violators on the use of apartment maintenance fees

During the Covid-19 pandemic in Hanoi, the situation of working remotely from home has become a common phenomenon. Thereby, people in apartment buildings in Hanoi have discovered many errors and violations in the management and use of apartment buildings. Complaints are lined up in long lines to be sent to competent officials to denounce or even prosecute individuals and organizations that show signs and acts of violation for profit, and misuse of general maintenance fees. In this regard, recently lawyer Pham Duy Khuong of ASL Law firm answered VTV about prosecuting violators on the use of apartment maintenance fees.

In order to strengthen the management and strictly supervise the management of the apartment building and to trace and investigate the responsibility of the subjects who commit serious violations in the management and use of the maintenance funds of the apartment building, The Hanoi People’s Committee has issued drastic instructions, calling on ministries and sectors to cooperate to completely end this problem.

Specifically, the Hanoi People’s Committee has assigned the City Police to assume the prime responsibility for, and coordinate with relevant agencies in, organizing the investigation and prosecution of subjects who have committed serious violations in the management and use of maintenance funds.

In addition, the Hanoi People’s Committee also assigned the Department of Construction to inspect housing. Thereby, the Department of Construction will be responsible for strengthening inspection, management and use of maintenance funds for apartment buildings. When detecting organizations and individuals showing signs of crime in the management and use of maintenance funds, the Department of Construction needs to notify and hand over the violation to the investigation agency according to regulations for in-depth investigation.

Also under the direction of the city, the People’s Committees of districts, towns continue to focus on supervision and state management of housing in the area. At the same time, the People’s Committees at all levels are also responsible for continuing to monitor and urge the investors and the Apartment Building Management Board to strictly implement Directive No. 02/CT-BXD dated September 15, 2021 of the Ministry of Construction on strengthening the management and use of funds for maintenance of shared areas of the apartment building; quarterly report on the implementation situation, implementation results, send to the Department of Construction to summarize and report to the city.

Currently, Hanoi Department of Construction has inspected more than 80 apartment buildings and administratively sanctioned 13 cases with an amount of more than 900 million VND. At the same time, the Department has also reported and proposed the City People’s Committee to request in writing 25 investors to hand over maintenance funds to the Management Board and decide to enforce the handover of maintenance funds to 5 investors.

Lawyer Pham Duy Khuong’s professional opinion on apartment management issues

Regarding the prosecution of violators on the use of apartment maintenance fees, Lawyer Pham Duy Khuong – Director of ASL Law said: “Currently, we still only stop at the administrative sanctioning mechanism and What does administrative sanction include?”

Lawyer Khuong added: “Sometimes the apartment maintenance fund goes up to hundreds of billions, but the current sanctioning level is only one hundred million. That means deterrence is not enough. That is why state agencies want to promote the deterrent factor. Deterrence in this case means the possibility of criminal prosecution.”

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