The Ministry of Construction proposed the Prime Minister to permit the prime responsibility and coordinate with the concerned ministries, branches, agencies and organizations in researching and elaborating to the Government the Decree on officetel operation management.
The Ministry of Construction stated that the promulgation of regulations on management and operation of Officetel in the form of Circular is not a legal basis...
The Ministry of Construction has just sent a document to the Prime Minister stating difficulties and obstacles when researching and elaborating a Circular on the Regulation on management and operation of office works of various types combined with short-term stay (office apartments room or officetel).
Specifically, on the legal basis and issuing authority, the Ministry of Construction said that the current legal system such as the Land Law, the Law on Investment, the Law on Construction, and the Law on Real Estate Business; Construction standards and standards had no concepts, legal regulations on the type of office buildings combined with short-term stay - officetel.
Decree No. 81/2017/ND-CP dated July 17, 2017 of the Government stipulated the functions, tasks and powers of the Ministry of Construction without regulations on management and operation of office apartments (or construction works in general) under the authority of the Ministry of Construction. Therefore, the construction of a circular issued by the Ministry of Construction on the management and operation of office apartments (officetel) is not enough legal basis.
Regarding accommodation and accommodation management, according to the Ministry of Construction, the type of office building works in addition to its function as an office is also used for short-term stay, this accommodation is understood as people who work. That office may temporarily reside in the apartment outside of working time (different from the traditional office form used only for office work). As such, this accommodation is conditional, need to be limited in time and must have strict management mechanisms, avoid taking advantage of the use of office apartments into houses, leading to an increase in population, overloading urban infrastructure systems.
Under the provisions of the Residence Law and its guiding documents, the guidelines for stay, management of accommodation (subjects, conditions for registration of stay, accommodation management units, etc.) fall under their competence, functions and tasks of the Public Security Sector, not under the functions and competence of the Ministry of Construction.
Regarding administrative procedures, currently the law on housing only regulates the management of housing use (including mixed buildings including apartments and other service facilities). Particularly for office apartment buildings (without residential apartments), there are no specific regulations.
Therefore, the promulgation of the Regulation on management and operation of office apartments must specify the management model (it is necessary to set up a management board for office apartment buildings. If established, there must be specific regulations on: order of procedure, time, settlement agencies, composition of files, processing time...).
Accordingly, the Regulation on management and operation of types of office apartments must stipulate administrative procedures. While the Law promulgates legal documents stipulating the Circular, it is not required to stipulate administrative procedures.
The Ministry of Construction also reported to the Government for consulting the Ministry of Justice, the Ministry of Culture - Sports - Tourism and on this basis, the Ministry of Construction commented on the promulgation of the Regulation on management and operation of Officetel in the form of Information Investment is not a legal basis according to the provisions of the 2015 Issue of Legal Documents.
Therefore, the Ministry of Construction proposes the Prime Minister to allow the Ministry of Construction to implement in the direction of: The Ministry of Construction shall assume the prime responsibility and coordinate with the concerned ministries, branches, agencies and organizations in researching and elaborating to the Government. The Government promulgates a Decree on management and operation of office apartments combined with short-term stay (officetel) as prescribed in Clause 3, Article 19 of the Law on Promulgation of Legal Documents 2015.
According to Minh Thu