Regulations for Using & Managing HARV Apartments

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

REGULATIONS ON MANAGEMENT AND USE OF APARTMENT BUILDINGS

Article 1: Governing scope and applicable entities

This “Regulation” stipulates all Regulations on Management and Use of Hoang Anh River View Apartment Buildings at 37 Nguyen Van Huong St., Thao Dien Ward, Dist. 2, and HCMC (hereinafter called “Condominium”). Applicable entities shall comprise organizations and individuals involved in the management and use of the Condominium.

Article 2: Interpretation of terms

Investor - Hoang Anh Gia Lai Land whose address is 783 Tran Xuan Soan St., Tan Hung Ward, Dist. 7, HCMC - means the person owning the capital or the person assigned to manage use of the capital to conduct investment in construction of the Condominium in accordance with law; or the person directly selling apartments in the Condominium to purchasers.
Owner(s) of an apartment(s) means the organization or individual who lawfully owns the privately owned apartment(s) in the Condominium proved by ownership documents, such as Apartment sales and purchase contracts, Apartment Ownership Certificates (hereinafter called “Apartment Owners”).
User(s) of an apartment(s) means the organization or individual who is lawfully using the privately owned apartment(s) in the Condominium (hereinafter called “Apartment Users”).
Enterprise managing and operating the Condominium means a unit with professional expertise in management and operation of the Condominium and which is established and operates in accordance with the Law on Enterprises (hereinafter called “Management Company”).
Apartment Building Meeting means a meeting of apartment owners and users in the Hoang Anh River View Condominium, shall be organized according to the Article 11 of the Decision 08/2008/QD-BXD dated 28 May 2008 by Ministry of Construction (“Decision 08”). Apartment owners and users may appoint their representatives or authorize others to attend such a meeting.
Apartment building management Board is unanimously appointed to act as representative of owners and users in protecting their rights and legitimate interests in the course of using the Condominium and responsible for and has the authority to perform the assignments designed in the Apartment Building Meetings (hereafter called “ Management Board”). The Management Board.

Article 3: Purpose of the Regulation

To regulate the rights, obligations and responsibilities of organizations and individuals involved in the management and use of the Condominium;
To protect all legal rights and benefits for inhabitants in the Condominium;
To ensure fair treatment for all inhabitants;
To improve the living conditions in the Condominium;
To ensure safety, security and order for the Condominium;
To establish a civilized urban lifestyle in the Condominium; and to maintain the quality, architecture, landscape, hygiene, environment and the culture of the Condominium.

Article 4: Investor’s responsibilities

To hand over the infrastructure system outside the apartment buildings to the local specialized management authority in accordance with the regulations. The investor of the Condominium with mixed use purposes shall be responsible for handing over the above-mentioned infrastructure works after having sold all the privately owned area to other owners;
To hand over to the Management Board one set of "as-is" drawing and files on management and use of the commonly owned area in the Condominium as stipulated in article 8.2 of Decision 08;
To provide guidelines and documents for the use of the technical infrastructure system and equipment of the Condominium to the apartment users;
To appoint representatives to participate in the Management Board, as per Article 12 of Decision 08;
To carry out the periodical maintenance of the Condominium according to the Housing Law 56/2005/QH11 dated 29 Nov. 2005, and commitments in the respective Apartment sales and purchase contracts;
Buy Property insurance for the whole Condominium according to the authorities’ regulations; these insurance fees shall be charged to each apartment owner upon their respective private owned area.

Article 5: The Management Board

The Management Board is selected by the Apartment Building Meeting, including representatives of apartment owners, users, and investor’s authorized person. This Board shall be approved by People’s Committee of District 2;
The Management Board consists of 9 members, in which 1 member shall be appointed by the Investor as a Deputy Head of Management Board, and remaining 8 members shall be elected by the Apartment Building Meeting. This Board includes 1 Head, 2 Deputy Heads and the rest are members;
When the Investor is merged or transfers his/ her/its rights and obligations to another enterprise, that enterprise shall appoint its official representative to join the Management Board. The Investor may withdraw from the Management Board when the management and use of the Condominium functions well order and approved at a Apartment Building Meeting or by the People's Committee of District 2, but not earlier than warranty time of the Condominium;
The term, rights and responsibilities of the Management Board shall be stipulated in its Establishment and Operational Regulation which shall be approved by the Apartment Building Meeting;
Responsibilities and rights of the Management Board:
1. To chair the Apartment Building Meeting; and to report in the Apartment Building Meeting the results of management and use of the Condominium during the interval between meetings;
2. To prepare and amend the bilingual Regulation on Management and Use of Condominium and submit to the Apartment Building Meeting for approval;
3. To protect the lawful rights of apartment users during their use of such buildings; to supervise and urge users to abide by the Internal Rules and the regulations on management and use of the Condominium; and to create favorable conditions for the Management Company to properly fulfill its tasks in accordance with its signed contract;
4. To gather opinions and proposals from users on management and use of the Condominium in order to report same for resolution to the Management Company, to functional bodies, and to other organizations and individuals involved;
5. To sign service provision contracts with service companies and maintenance contracts with legal construction enterprises (the selection of these enterprises must be approved by the Apartment Building Meeting); to monitor and supervise the management, operation and maintenance of the Condominium in accordance with the signed contracts on such management, operation and maintenance; and to examine and accept, make payment on and liquidate service provision contracts signed with the above-mentioned enterprises;
6. To directly collect the Condominium management and operation fees (hereunder called “Management Fees”) , or to authorize the Management Company to collect same;
7. To check revenue and expenditure in the financial reports on management, operation and maintenance of the Condominium undertaken by the Management Company and by the enterprises maintaining the Condominium in accordance with their signed contracts, and to report thereon to the Apartment Building Meeting as stipulated in sub-clause (a) above;
8. To co-ordinate with the local authority and the inhabitants to provide a civilized lifestyle, and to keep social order and safety in the Condominium under its management;
9. To solicit opinions from apartment users as the basis for evaluation of the quality of the managing and operating services provided by the Management Company every six months;
10. To undertake other tasks assigned by the Apartment Building Meeting;
11. To enjoy responsibility allowances and other reasonable expenses for the operation of the Management Board;
12. Not, solely on its own initiative [i.e. without approval from the meeting], to organize any subordinate divisions or to remove or add members to the Management Board;
13. Ensure management fee and maintenance fee funds to be used in compliance with the stipulated purposes;
14. To mediate disputes among inhabitants, listen and take actions upon inhabitants’ comments;
15. All members of the Management Board shall not be responsible to all apartment owners about any mistakes, except responsibilities due to intentional actions causing ruins for apartment owners. All apartment owners hereinafter agree that all members of the Management Board shall be not individually responsible for signed contracts that they, on behalf of apartment owners, signed legally according to the authorizations in this Regulation.

Article 6: The Management Company

The Management Company shall be chosen by the Management Board, with the consensus of the Apartment Building Meeting. The Management Company can carry out either part or whole operation of the Condominium; sign sub-contracts with other service companies (if any), supervise the quality of services providing to the Condominium, to make sure these companies fulfill their commitments;
Responsibilities and rights of a Management Company:
1. To provide services of management and operation of the Condominium in accordance with the signed contract; and to ensure safety, and compliance with stipulated standards and provisions, ensuring operation of the machines and equipment such as lifts, pumps, generator and other machines and equipment belonging to the commonly owned area of the Condominium in good conditions; provide or to sign sub-contracts (if any) with other enterprises providing services for the Condominium: machinery maintenance services, landscaping care, cleaning service, pest control, etc. and to supervise the provision of the management and operation services to the Condominium by the above-mentioned enterprise in order to ensure performance of the signed contract and thus, keep the smoothly operation in the building;

However, the security services can only prevent and restrict risks but do not mean to provide an absolute safety for human beings and properties. All inhabitants should have the awareness of self-protection and be responsible for their owned properties; and coordinate with the Management Board, Management Company, and the security team to protect common assets in the Condominium, prevent and fight with criminals (robbers, thief, trouble makers, ect.);

To notify owners and users in bilingual writing of any issues they need to pay attention to when using the Condominium, and to guide installation of equipment for privately owned areas into the common use equipment system of the Condominium;
To periodically conduct detailed and specific checks of component parts and sections of the buildings in order to implement proper management and operation of the Condominium. Should some potential problems arise that may affect on the infrastructure or structure of the buildings; immediately notify the Management Board and the Investor for timely solutions;
To promptly undertake prevention of risks which may cause loss to the apartment owners and users and to repair any item in the commonly owned area and any item in the common use equipment system which is damaged, in order to ensure smooth operation of the Condominium;
To collect the monthly fees for the Condominium managing and operating services with authorization from the Management Board;
To coordinate with the Management Board to suggest utility companies to stop providing electricity, water if any apartment owners or users who do not settle their payable utility bills sufficiently and duely, or violate any items of this Article 8 of the Regulation but not make necessary correction;
To report publicly to the Management Board once every six months on the management and operation of the Condominium, and to co-operate with such committee to collect opinions from apartment owners and users about the [quality of] services provided to the Condominium;
To monitor and remind apartment owners and users to implement all provisions in the Regulation. For serious violations, the Management Board should be informed for further actions;
To co-operate with the Management Board and the residents' group in keeping order and security and on other relevant matters during management and operation of the Condominium;
Other duties and responsibilities according to the agreements with the Management Board.

Article 7: Rights and obligations of apartment owners and users

Rights and obligations of the apartment owners:
1. To have the ownership right for the purchased area stipulated in documents such as the Apartment Sales & Purchased Contracts, apartment ownership certificates;
2. To have the right to use the commonly owned area mentioned in this Regulation in accordance with the Apartment Sales & Purchased Contract, including the areas mentioned in Clause 11.3 of this Regulation and chargeable facilities (if any);
3. To request a responsible person to provide information and publicize contents related to management and use of the Condominium;
4. To fully comply with decisions of the Apartment Building Meeting;
5. To be responsible for implementing maintenance of privately owned areas stipulated in this Regulation in order to keep the consistent, synchronous, and aesthetic design for the buildings. All renovation or repair plans, together with respective drawings should comply with Article 9, Clause 1 of this Regulation. For activities that affect on the weight-bearing structural systems, durability, life span, and architecture, the request should be approved in writing by the Investor and the Management Board;
6. To fully and promptly pay monthly management fee, common-area maintenance fees and other fees as stipulated by the Regulation;
7. To create favorable conditions for the responsible parties to operate and maintain the commonly owned area of the Condominium. Those who hinder the maintenance and operation procedures or cause damage to public utilities and common facilities of the Condominium must compensate for the damages and be penalized as stipulated in the Regulation;
8. To comply with the Regulation and the rules on prevention of fire and explosion and on fire-fighting, public hygiene, order and security, and to promptly detect and report violations in the Condominium and notify them [to the relevant authority];
9. To declare temporary absence or residence in the apartment(s) to authorities;
10. To inform the contents of this Regulation to the authorized persons to use their apartments or involved persons in using their apartments;
11. To re-instate the initial status or to pay compensation for damages caused by the owners and users to the commonly owned area or to the privately owned apartment(s) of other users;
12. To attend the Apartment Building Meeting and vote for all issues within his/her rights. Voting rights shall be calculated on one apartment unit (one vote per one apartment);
13. To contribute opinions to the investor, the Management Company or the Management Board on managing and operating the Condominium;
14. Nominate or stand for election in the Management Board;
15. To have the rights to complain, accuse of any legal violations of any individual, organization in managing and using the Condominium and request authorized bodies to protect their legal rights and benefits.
Rights and obligations of the apartment users:

To lawfully use the privately owned area as permitted by the apartment owner(s) and use the commonly-owned areas of the Condominium;
To request the owner to provide the Regulation and other information that related to the management and use of the Condominium;
To comply with the all decisions of the Apartment Building Meeting and the Management Board;
To participate in the Apartment Building Meetings (stipulated in Items (l) & (m), Clause 1 of this Article), to pay management fees as mentioned at Item (f), Clause 1 of this Article for the operation of the Condominium if there is such an agreement with the owner(s);
To implement the obligations stipulated in Clause 1, Article 7 of this Regulation.

Article 8: Prohibited acts during the use of the Condominium

In order to ensure inhabitants’ interests and enforce the effectiveness of the management to the Condominium, every apartment owner and user MUST NOT:

Expand, occupy an area or a space of, or cause damage to commonly owned areas or commonly used assets in any form; to chisel, renovate, remove or change the weight-bearing structure, the technical infrastructure system, commonly used equipment or the exterior architecture of the Condominium; or change the structure or design of the privately owned or used areas (for example, erect walls on the floors to divide space, move away the equipment and technical systems that are linked to the commonly owned parts, damage the apartment, expand the area in any form);
Intentionally ruin any assets in the commonly owned areas;
Divide or transfer commonly owned or used areas contrary to the Regulation;
Use or let other people use privately owned areas or commonly owned areas contrary to the approved initial purposes for the Condominium;
Make excessive noise to the extent that causes nuisance or disturbance to neighbor residents, negatively affecting the order and security of the Condominium (i.e. switch on audio system, dance, or make noise at the commonly owned areas such as Residence Hall, outdoor BBQ, internal paths around the building, swimming pool, etc.);
Dispose waste, excessive oil, waste water, exhaust fumes, toxic substances, non-soluble liquids that cause damages to the sewage system of the Condominium, cause [water] absorption, leakages and environmental pollution; dispose oversized garbage or constructive materials and debris, etc. that cause the jam or damage to the common garbage disposal system, or even worse, throw flammable items into this system; litter in the commonly owned areas;
Raise or walk animals, poultry and pets in commonly owned areas; raise in privately owned areas but affecting the order, aesthetics or living environment of other households (keeping pets must comply with the law: vaccination against an epidemics, being muzzled when transport in or out of the apartment, etc.);
Cause unusually annoying or disgusting smells that disturb other apartments;
Grow certain kinds of plants that the root cause damages or clogs for the drainage system of the plant boxes; to hang plant boxes at the balcony that cause dangerous risks for people underneath;
Throw rubbish, liquids or other items, water plants so strongly that make wet and dirty for the underneath areas;
Advertise, write or draw in a manner that goes against the regulations or conduct actions not permitted by the law; use materials or colors on the outside of the apartment or apartment building contrary to the law; change the structure or design of commonly or privately owned areas (for example by building separating walls from the floor, destroying an apartment or expanding its area in any form);
Install or hang signage at the apartment without approval from the Management Board or the authorized Management Company. In order to keep the aesthetics of the Condominium, and comply with the advertising regulations, all billboards should be accepted by the Management Board or authorized Management Company regarding design, dimension, color, sound, etc. on a case-by-case basis, before they are installed or hung;
Put owned items or bicycles in front of the apartments or at corridors that affect the aesthetics or obstruct corridors and public areas; dispose rubbish, cigarette ashes or construction debris or unused stuff (i.e. carton boxes, etc.) at passages and public areas. Otherwise, the Management Company will take actions and the apartment owners or users must pay for the clearance fees;
Obstruct exit staircases and corridors with owned items, affecting fire safety of the buildings;
Hang clothes on the roof top, balcony, outside the windows, at entrance doors, staircases or other commonly used areas;
Contain or allow somebody to put illegal, dangerous, and flammable goods or materials inside or outside the apartment;
Install antenna or television signal receiving or transmitting devices, satellite transponders that do not comply with the law;
Move bicycles, cumbersome & dirty items in lifts and commonly used areas that cause scratches, damages, dirtiness at public areas. In such cases, apartment owners or users should compensate or re-instate the initial status for these areas;
Misuse the budget for management and operation and the budget for maintenance of the Condominium;
Establish factories, workshops inside the apartments;
Conduct business in any line or merchandise which is flammable and explosive (for example welding, gas, explosive materials and any other dangerous industry);
Conduct a service business causing noise or environmental pollution (for example, karaoke, dancing halls, automobile and motorbike repair, cattle slaughter-house and other polluting activities;
Illegally use electricity, water; use overloaded electrical circuits or civil generators in the apartments;
Refuse or delay payments for management fees, maintenance fees, and other fees according to the Regulation;
Conduct actions that violate the laws and this Regulation, or cause harms to the third party or adversely affect the security, aesthetics and hygiene environment in the Condominium.

Article 9: Repair, renovation of the apartment and movement of furniture

The repair or renovation of apartment should follow the below rules:
1. Apartment owners or the authorized persons must send the notifications for repairs/renovations to the Management Board (or the authorized Management Company) at least 7 days in advance, including, (i) list of repair or renovation works, (ii) detailed drawings if the initial status of the apartment shall be changed after being repaired/renovated and (iii) estimated time of repair/renovation and date of completion;

The repair/renovation works can only be carried out after the apartment owners receive an approval in writing from the Management Board (or the authorized Management Company). In case outside contractors and workers are hired to perform the works, the list of contracted individuals or organizations should be presented to the Management Board or Management Company for checking and monitoring; and apartment owners are held totally responsible for any damages caused by these contractors/workers;

Only do the repair/renovation works from Mondays to Fridays, from 7:30-11:30am, and from 1:30-5:30pm; no repair/renovation is permitted during weekends and holidays;
The facade of the apartments, including design, structure, painting color must not be changed or removed, or attached with plastic color or reflective decal which is not the same as the initial status when the apartments are handed over;
Installation of fixed fence in the balcony or roof top is strictly banned;
All construction regulations stipulated by the Management Board or Management Company must be strictly followed during the renovation. There should be partitions, or curtains to cover at balcony, or construction site for safe and clean purposes. Noise should be minimized to avoid disturbance to other apartments;
All renovations which directly or indirectly affect the infrastructure/ structure or the consistency or harmony of the building must be prohibited;
Welding machine, inflammable materials must be prohibited, unless these items are really necessary for air-con installation and should be pre-approved by the Management Company, and all people involved must strictly follow the fire-prevention regulations. In order to protect neighborhood’s heath and property, painting or chemical spraying machines are strictly prohibited;
Apartment owners are to deposit a certain amount of money before carrying out the repair/renovation works (the amount is decided at each specific time by the Management Board and non-interest bearing), as warranty for any financial obligations arisen from construction violations. These deposits shall be refunded as soon as Management Board or authorized Management Company examine and confirms that the repair/renovation has been completed without any violations;
The movement of the materials, construction waste, etc. in or out of the Condominium should follow the Items (2a), (2b) and (2c) of this Article;
Workers are only allowed to stay overnight at the apartments with the pre-approval of the Management Company and must register for temporary residence as per Article 14 of this Regulation.

2. Furniture moving in and out of the apartments should follow the below rules:

Furniture moving mush be after 8:30am, and finish before 5:00pm; no moving on Sunday and holidays;
Apartment owners or users must register the schedule with the Management Company in order to avoid overloading for lifts in peak hours, and have security staff supervise during that time;
Moving workers mush not cause scratches, damages, or dirtiness in the lifts, staircases, public areas, or other commonly used equipments of the Condominium;
Apartment owners or users are to deposit a certain amount of money before moving the furniture as warranty for any financial obligations arisen from transporting furniture. The specific non-interest deposit shall be set by the Management Board, and be returned after the moving works finish without any violations.

Article 10: Management fees of the Condominium

The fees for management and operation of the Condominium shall be contributed by all apartment owners, and allocated based on:

a. The apartment area to be owned (e.g.: 138 sqm);

b. All apartment owners are charged full management fees if the apartments are handed over, whether or not the owners have used the apartment;

c. The management fees of service and commercial areas on the ground floor are 1.5 times of the stipulated fee level for apartments. Should these areas have not been operated, the fees are applied as in Item b of this Clause;

d. The management fees shall be calculated since the hand-over time of an apartment regardless (i) the apartment has been used or not; (ii) the apartment has been handed over later than 15 days from the date of the official notification letter sent by the Investor (i.e. the postage date if sent by post).

The management fee fund shall include the following revenues:
1. Parking fees: defined by the Apartment Building Meeting (or by the Management Board) following government’s regulations and in harmony with the interest of apartment owners and users;
2. Taxi parking fees;
3. All proceedings from exploiting the commonly owned areas, such as advertising fees for frames and LCDs; space rental fees for DAS system (low radiation mobile phone antenna system); space rental fees for paylink machines, ATM (if any); fees shared by TV Cable, telephone and internet service companies;
4. Other revenues exploited by the Management Company during operation.

Management and operation fees collected are used for the below purposes:

Energy, fuel expenses for public areas (electricity, water, diesel oil, etc.);
Fees paid to the Management Company upon the management contract signed by the Management Board and salary paid to managerial employees;
Elevator operation fees;
Cleaning service fees for public areas (staircases, corridors, passage, garden, etc.);
Security service fees;
Garbage collection service fees;
Responsibility allowances for the Management Board;
Window cleaning fees (every 6 months);
Operating fees for machinery and equipment in the commonly owned areas, fire fighting system;
Other fees serving for the Condominium (if any);
The management fees shall not include fees for maintenance, repair, replacement all operating equipment and operational systems.

4 Apartment owners and users must pay monthly management fees in full within 5 days after receiving the invoices from the Management Board (or the authorized Management Company). For any late payments, the Management Board (or the authorized Management Company) reserves the right to:

a. Charge an overdue interest accrued on the late payments being 150% of the 12-month savings rate with interest being paid at maturity as stipulated by BIDV for personal loans;

b. To apply penalties as stipulated in Article 16 of this Regulation;

5. The raising of funds for managing and using Condominium and the administration of such funds shall be performed in accordance with the principles of self-funding, publicity and transparency:

The Management Company must submit a monthly report including all receipts and payments during the month, and accounts receivable (list of unpaid management fees). After checking and approving, the Management Board should publicize the report to the website and notice board for everyone’s review;
All documents, invoices and contracts are kept in the management office and made accessible for anyone who wants to check, and give feedback to the Management Board.

Monthly management fees suggested by the Management Company and Management Board shall be adjusted at specific times after being approved in the Apartment Building Meeting, but not exceeding the ceiling price defined by the People’s Committee of HCMC (if any).

Article 11: Maintenance fees Fund

Maintenance fees of the commonly owned area are stipulated as follows:
1. Apartment owners must pay 2% of the apartment selling amount as mentioned in the apartment sales & purchase contract;
2. For unsold apartments or areas belonging to the Investor, the Investor must pay 2% of the value of those areas; this value is calculated upon the highest price of an apartment in the buildings;
3. The maintenance fees are tax-exempt (the government does not charge tax on maintenance fees) and must be deposited in a commercial bank under the Management Board’s control to use for maintenance works of commonly owned areas;
4. In case the contributed maintenance fees mentioned at Items (a) and (b) of this Article are not sufficient to maintain the commonly owned areas, the apartment owners must pay additional fees pro rata to their privately owned area. In case the building should be demolished and the contributed maintenance fees fund has not been used up, this fund shall be used for resettling residents when the building is rebuilt or supplemented for the maintenance fee fund after the building is rebuilt.
Principles for maintenance of the Condominium:
1. Owners shall be responsible for maintaining their privately owned areas. Written consent of the owner is required if an apartment user wishes to undertake maintenance of the privately owned area. Owners are held responsible for contributing in full to the budget in accordance with the regulations for maintenance of the commonly owned area;
2. Maintenance of the commonly owned area and of the commonly used technical infrastructure system and equipment shall be undertaken by the Management Company or an organization with legal entity status that has the function of conducting construction activities as stipulated Decision 08, and such maintenance must comply with guidelines by the competent State bodies on design, manufacture, procedures and protocols;
3. The maintenance of the Condominium must ensure safety for humans and property as well as the environmental hygiene, landscape and architecture of the apartment buildings.
Management of budget for maintenance of commonly owned areas of the Condominium:
1. Investors must be responsible for opening a deposit account for the fees budgeted for maintenance of the Condominium as stipulated in Decision 08 at a commercial bank with the interest rate not less than that for a demand deposit account as from the day on which the Condominium is brought into use, and must hand over such account to the Management Board within 15 days after it is approved by the People’ Committee of District 2. The Management Board shall manage the bank account in the following manner (i) the Management Board authorizes the Head and one Deputy Head (as appointed by the Investor) to co-hold a joint bank account named “Hoang Anh River View Management Board”, (ii) these two co-holders of the bank account and the remaining members of the Management Board must sign the representation that the balance in the bank account (including the principal and interest) belongs to the group of the Condominium inhabitants who have contributed the maintenance fees. Periodical interest from the deposit in the bank shall be added to the budget for maintenance, and the use of such budget must be in accordance with the law on finance;
2. The maintenance fees fund is only used when the maintenance events arise and detailed works are determined. Negotiation, testing, payment, finalization and liquidation of maintenance contracts shall be conducted in accordance with the laws on construction and civil contracts;
3. The management unit of the maintenance fees fund for commonly owned areas of the Condominium must prepare an accounting book and journalize entries to monitor collection and disbursement of such budget, and co-ordinate for finalization of accounts and managing of revenue and expenses as stipulated by the law on finance, and publicize revenue and expenses for maintenance of the Condominium to the apartment owners and users following the requirement of Clause 5, Article 10 and at the annual Apartment Building Meeting.

Article 12: Apartment owners’ private areas, Investor’s private areas, and commonly owned areas

Apartment owners’ private area in the Condominium shall comprise:

The interior area of the apartment the area of the balcony and loggia attached to such apartment, as defined in the Certificate;
The separately used technical equipment systems attached to the apartment, and sections belonging to the privately owned area as agreed in the Apartment Sales and Purchase Contract and recognized by the competent authority agency in the Apartment Ownership Certificate.
1. Investor’s private areas shall consist of:

Service and commercial areas on the ground and mezzanine floors;
Swimming pool;
Tennis court.
1. Commonly owned area in the Condominium shall comprise:

Parking area in the basement;
The residual area of the Condominium after subtracting the privately owned area stipulated in clause 11.1 and 11.2 of this article;
Spaces and weight-bearing structural systems, and common use technical equipment in the Condominium comprising weight-bearing frames, pillars and walls; walls surrounding the building, walls separating apartments, floors, roofs, terraces, corridors, staircases, lifts, emergency exits, garbage chutes, technical boxes and garages; systems for electricity, water, gas, communications, radio, television and water drainage; septic tanks, lightning-rods, fire extinguishing systems and other areas not privately owned by any apartment;
The exterior technical infrastructure system connected to the Condominium.

Article 13: Vehicle traffic and parking in the parking areas

All inhabitants are allowed to park bicycles, motorbikes, cars in the basement parking areas according to the Apartment Sales & Purchase Contract between buyers and the Investor;
All vehicle owners should strictly follow the below rules:

To follow the Parking Regulation;
To park within the designated places;
To receive/return vehicle ticket when coming in/out of the parking area;
To reduce speed and follow security staff’s instructions or instruction signs when coming in or out of the parking area;
To ensure the height of car/truck under the basement ceiling;
Do not put any belonging items (including hazard or flammable ones) in the parking areas, park in wrong places or at other public areas other than parking areas. Do not use any lifts to move up or down bicycles or motorbikes to or from the apartments;
Do not start engine for testing in the parking areas;
No washing at parking areas and public areas;
To ensure own vehicle is of legal ownership and does not have flammable potential and be responsible for any damages cause by your own vehicle. When riding or driving vehicle in or out of the buildings, the vehicle owners must pay all compensations if hitting other vehicles or public parts;
The Management Company and staff on duty will not be responsible for any claims for any cases not following the foresaid regulations;
Do not use parking areas for any purposes rather than parking lots.

Article 14: Visiting guests

Visiting guests must strictly follow this Regulation; apartment owners or users must register for temporary residents to the Management Company and be responsible for this. Simultaneously, security staff should be informed about these guests’ over-nights.

Article 15: Disputes resolutions

Any dispute related to commitments made in the Apartment Sales and Purchase Contract signed between owners and Investor (e.g. apartment ownership right in the Condominium, common versus private ownership rights, etc.) shall be settled by the competent court;
Any dispute related to using, operating, exploiting, repairing, renovating apartments in the Condominium shall be resolved on the basis of reconciliation and in compliance with the provisions of this Regulation. If unsatisfactory, the Management Board and the Management Company will interfere to review and resolve according to the authority stipulated in Operating Principles of the Management Board. If such dispute cannot be resolved by way of reconciliation, it shall be submitted to the competent governmental body for resolution;
Any dispute between the inhabitants and the Management Company during the management and use of the Condominium shall be settled via reconciliation. In case the dispute cannot be resolved, each party can file to request the court to protect their legitimate rights and interests.

Article 16: Dealing with Breaches

In case of violation of this Regulation, the Management Board (or the authorized Management Company), after 3 days since starting to ask the violator to stop such breaches, have the right to take one or multiple measures, as follows:

To ask the violator to fix or to compensate for any damages caused;
To publicize details of any violations (i.e. name of the violator, apartment number, etc.) in the notice board or website;
Stop cleaning, security, and any other services to the violator;
Requesting electricity and water suppliers to stop such supply;
To report to the authorities for legal actions.

Article 17: Amendment and supplement of the Regulation

The amendment and supplement of the Regulation should be done according to the realities and after obtaining inhabitants’ consensus in the Apartment Building Meeting.

Article 18: Implementation of this Regulation

This Regulation shall consist of 18 Articles and come into effect after being passed through by the Apartment Building Meeting at 11:30pm on 12^th, January, 2013 and replace the former regulations made by the Investor in 2009 (attached in the Apartment Sales and Purchase Contract) and any former regulations contrary with this Regulation. If any mis-interpretation from this English version, the original Regulation in Vietnamese must be applied;
Whenever reselling or leasing an apartment, the owner/landlord must inform or transfer this Regulation to the buyer or Lessee;
The apartment owner/landlord must be totally responsible for any of users’ violations which are not rectified.