(Chinhphu.vn) – The law on housing does not stipulate that the candidate or nominee to the Board of Management must have a certificate of completion of a fostering course on professional knowledge of operation and management of condominiums organized under the regulations of the Ministry of Construction.

According to Mr. Truong Van Minh - Thanh Truong Loc Construction Company Co., Ltd (in Hochiminh City), Clause 2, Article 19 of the Circular No. 02/2016 / TT-BXD dated February 15, 2016 of the Ministry of Construction stipulates: " Members of the Managing Board of condominiums must participate in the fostering course on management and use of condominiums organized by training and fostering establishments in professional knowledge and operation management of condominiums according to the regulations of the Ministry of Construction ".

Through the system of receiving and responding to enterprises' recommendations,certificates of knowledge fostering completion as mentioned above will be eligible for candidacy. Is the board member of the condominium or resident elected a member of the Board of Management of the condominium and must attend this refresher class?

Regarding this issue, The Ministry of Construction has the following opinions:

According to Clause 1, Article 102 of the Housing Law 2014, the Condominium Conference is a conference of owners and users of condominiums if apartment owners do not attend.

Point a, Clause 3, Article 102 of the Housing Law 2014 stipulates that Condominium Conference will be held to decide many issues, including nominating, voting and dismissing members of the Board of Management.

According to Clause 6, Article 3 of the Circular No. 28/2016 / TT-BXD dated December 15, 2016 of the Ministry of Construction, "for condominiums with many owners, the member of the Board of Management of condominiums must be the owner. owning and using the apartment building, in case the person using the apartment or other area of ​​the apartment building is not the owner if he/she is authorized by the owner of the apartment or other area to attend a condominium conference, you can be elected as a member of the condominium management board ”.

Thus, the housing law does not stipulate that the candidates or nominees to the Board of Management must have a certificate of completion of the professional knowledge management course on the operation of condominium operations organized according to regulations. of the Ministry of Construction, which stipulates the criteria and conditions (if any) of the candidates, shall be considered and decided by the Conference of the Apartment Building in accordance with the specific conditions of such condominiums.

After becoming members of the Board of Management, these members must participate in the fostering course on management and use of condominiums by the training and fostering professional knowledge and management profession. management of apartment buildings organized according to the regulations of the Ministry of Construction.