Professional Documents
Culture Documents
PH LC 3
SCHEDULE 3
NI QUY TA NH
BUILDING RULES AND REGULATIONS
Hp ng mua bn cn h s: _____/2013/H-C.TPN_HMB
Apartment Sales and Purchase Agreement _____/2013/HD-C.TPN_HDMB
Cn h _______ , Tng ______
Apartment_______ , Floor ______
CHNG I
CHAPTER I
NI QUY QUN L V S DNG TA NH
LMAN C.T PLAZA NGUYN NH CHIU
REGULATIONS ON BUILDING MANAGEMENT AND USE OF LMAN
C.T PLAZA NGUYEN DINH CHIEU
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Phn s hu
Property of
the
Apartment
Owners
Phn s hu
(ii) Tng trt, tng lng, tng thng, din tch c s dng vo
mc ch thng mi, dch v.
(iii) Phn din tch xe theo quy hoch c ph duyt v m
bo tiu chun ca Ta nh.
(iv) Tt c cc phn din tch khc khng thuc Din tch thuc s
hu chung v Din tch thuc s hu ring ca cc Ch s
hu.
Property of
the Investor"
(ii)
"Separate
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(iii)
(iv)
Cc cng
trnh tin ch
Ta Nh bao gm:
chung
Common
Facilities
Works
(i)
The
space
and
supporting
structural
system,
walls
encircling
the
apartments,
walls
dividing
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2.
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BUILDING
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1.
2.
3.
Do tnh cht cao cp ca Ta nh, bao gm: Trung tm mua sm cao cp Parkson,
cc dch v cao cp, khch sn 5 sao (nu c) nn Ch u T c trch nhim
thnh lp Ban Qun L Ta Nh chuyn nghip v cao cp qun l v vn hnh
trong sut thi gian hot ng ca Ta nh.
Owing to the high quality of the Building, including: Parkson high-end shopping
center, luxury services, 5-star hotel (if any) ... , the Investor shall organize the
establishment of the professional and senior Building Management Board for
managing and running the Building operations.
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1. Thc hin vic qun l vn hnh Ta nh. Qun l vn hnh ta nh bao gm qun
l vic iu khin, duy tr hot ng ca h thng trang thit b (bao gm thang
my, my bm nc, my pht in d phng, h thng h tng k thut v cc
trang thit b khc) thuc phn s hu chung hoc phn s dng chung ca Ta
Nh; cung cp cc dch v (bo v, v sinh, thu gom rc thi, chm sc vn hoa,
cy cnh, dit cn trng v cc dch v khc c lin quan) m bo cho Ta Nh
hot ng n nh v bnh thng.
Performing the management the Building operations. The Building management
operations covers managing control and maintenance of equipment system
operations (including elevators, water pumps, back-up power generators,
infrastructure system and other equipment) under common ownership or common
use of the Building; providing services (security, sanitation, waste collection, flower
and plant garden care, pesticides and other relevant services) to ensure the stable
and normal operations of the Building.
2. Thng bo bng vn bn v nhng yu cu, nhng iu cn lu cho ngi s
dng khi bt u s dng ta nh, hng dn vic lp t cc trang thit b thuc
phn s hu ring vo h thng trang thit b dng chung trong Ta Nh.
Giving notices in writing of requests, reminders to users when starting to use the
Building, guiding on the installation of the separately-owned equipment in line
with the shared Building equipment system.
3. nh k hng tun kim tra c th, chi tit b phn ca Ta Nh thc hin vic
qun l vn hnh Ta Nh.
On a weekly basis checking specific details of the Building components to carry out
the management of the Building operations.
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4. Thc hin ngay vic ngn nga nguy c gy thit hi cho Ch s hu, ngi s
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and order and other related issues in the management of the Building operations.
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9.
Ban Qun L Ta Nh s ban hnh mt S tay hng dn chi tit cc quy tc, th
tc, tin trnh cn thit i vi Ch s hu v ngi s dng cn h trong qu trnh
sinh sng, s dng cc Cng trnh tin ch chung, sa cha cn h, v S tay ny
s c hiu lc p dng i vi mi Ch s hu v ngi s dng cn h, min l
khng tri quy nh ti Bn Ni Quy ny v quy nh ca php lut hin hnh.
The Building Management Board will issue a Handbook detailing necessary rules,
procedures and processes for Apartment Owners and users in the process of their
living and use of the Common Facilities Works as well as repairs of the Apartment,
... and this Handbook shall take effect to become applicable to all Apartment
Owners and users, as long as not contrary to the Building Rules and Regulations
and the applicable laws .
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Guiding the use of technical infrastructure system and the equipment and plant of
the Building to users.
5. Bn giao 01 (mt) b bn v hon cng v h s lin quan n qun l s dng Ta
Nh i vi phn s hu chung cho Ban Qun L Ta Nh lu gi.
Handing over 01 (one) set of as-built drawings and dossiers related to the
management and use of Building for common property to the Building
Management Board for archives.
6. c quyn ngng cung cp hoc yu cu cc nh cung cp ngng cung cp in,
nc v cc cng trnh tin ch khc nu Ch s hu cn h hoc ngi s dng
cn h vi phm nghim trng cc quy nh ti ni quy chung c ny.
Reserving the right to stop or require providers to suspend electricity and water
supplies and other utilities if the Apartment Owners or users are in material breach
of the provisions specified herein.
7. c quyn ra vo trong cc khu vc ca Ta Nh vi tt c cc trang thit b, my
mc, thit b cn thit nhm mc ch xy dng, nng cp, sa cha khu vc thuc
s hu ring ca Ch u T trn c s khng gy tr ngi n quyn s dng, c
ng ca Ch s hu cn h v ngi s dng cn h.
Reserving the right to have an access to the Building areas together with their
equipment, machinery, and devices required for the purpose of building,
upgrading, or repairing in the areas under private property of the Investor on the
basis of not interfering with the Apartment Owners and users rights of use and
residence.
8. iu chnh h s thit k, thay i trang thit b, vt liu ca cn h trong qu trnh
thi cng khc vi cn h c m t theo Ph lc nh km, nhm mc ch gia
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The Investor reserves the right to transfer the Building in whole or in part to a third
party, then each Apartment Owner still reserves full rights and obligations in
accordance with this Agreement and the applicable laws.
iu 6: QUYN V NGHA V CA CH S HU V NGI S DNG CN H
Article 6: RIGHTS AND OBLIGATIONS OF APARTMENT OWNERS AND USERS
1. Quyn v ngha v ca Ch s hu cn h
The rights and obligations of the Apartment Owners
a. Quyn s hu i vi din tch sn cn h mua theo Hp ng.
Having the ownership to the Apartment floor area purchased in accordance with
the Agreement.
b. c ton quyn s dng din tch thuc phn s hu chung ca Ta Nh ny,
bao bm cc din tch quy nh ti iu 1, Chng I ca Ph lc ny.
Reserving full rights of the area under the common propert of this Building,
covering the areas prescribed in Article 1, Chapter I hereof.
c. Yu cu ngi c trch nhim cung cp thng tin, cng khai cc ni dung lin
quan n qun l s dng Ta Nh.
Requesting the person in-charge to provide information and publicizing the
relevant information related to the Building use management.
d. Chp hnh y cc quyt nh ca Ban Qun L Ta Nh.
Fully complying with any decisions by the Building Management Board.
e. C trch nhim thc hin vic bo tr i vi Phn S Hu Ring.
Performing the maintenance to the Private Property.
f. ng gp y , ng hn kinh ph qun l, vn hnh v bo tr Phn S Hu
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Fully and promptly contributing to the funding for management, operations, and
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Chung Ta Nh.
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Nh.
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Reserving the lawful right to use the Private Property of the Apartment upon the
approval by the Apartment Owner and use the areas under the Common
Property of the Building.
b. Yu cu Ch s hu cung cp Bn Ni Quy Ta Nh v cc thng tin lin quan
n vic qun l s dng Ta Nh.
Requesting the Apartment Owner to provide with the Building Rules and
regulations and the information related to the
Building.
c. ng gp chi ph vn hnh Ta Nh trong trng hp c tha thun vi Ch s
hu.
Sharing the Building operating costs in the event of agreement with the
Apartment Owner.
d. Chp hnh y nhng quyt nh ca Ban Qun L Ta Nh.
Fully complying with the decisions by the Building Management Board.
e. Thc hin ngha v quy nh ti im f n im j Khon 1 iu ny.
Performing the obligations specified from points f- j hereunder.
iu 7: CC HNH VI NGHIM CM TRONG QUN L S DNG TA NH
Article 7: ACTS PROHIBITED IN THE MANAGEMENT AND USE OF THE
BUILDING
1. Ci ni, chim dng din tch, khng gian hoc lm h hng ti sn thuc Phn S
Hu Chung hoc phn s dng chung di mi hnh thc, c ph, ci to, tho
d hoc lm thay i phn kt cu chu lc, h thng h tng k thut, trang thit b
s dng chung, kin trc bn ngoi ca Ta Nh.
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Property or the privately used area (building partitioning walls on the floor surface,
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15
Doing business in the services that cause noise, pollution (karaoke bars),
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Trng by cc hnh v, tranh nh phn ng, kch dc, phn cm khu vc S dng
chung. Hnh vi ny cng c khuyn co nn cn trng i vi din tch S hu
ring.
Showcasing drawings or pictures that are anti-government, sexual, or offensive in the
shared areas. This behavior is also advised to be cautious for the area of Private
Property.
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ph. Tuy nhin, ph ph pht sinh (nu c) s khng vt qu 100% (mt trm phn
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The apartments are eligible for senior managemen services but to pay the low cost
according to the general regulations of the Housing Law. During the Building
operations, if the actual management cost exceeds the cost collected the Building
Management Board shall conduct a collection of extra cost. However, the extra cost
incurred (if any) shall not exceed 100% (one hundred percent) of the fee rate as
prescribed by Housing Act.
b. Ph qun l c gi vo mt ti khon ring ti Ngn hng v c s dng thanh
ton cho cc khon sau:
Management fees are deposited into a separate bank account and used to pay for the
following amounts:
- Chi ph cho cng ty qun l vn hnh Ta Nh
The cost for the management company for its Building operations
- iu khin hot ng ca h thng trang thit b v nhn cng thc hin dch v cho
Ta Nh.
Controlling operations of equipment systems and paying personnel for their services
to the Building.
- Chi ph s dng nng lng, nhin liu, duy tu bo dng thng xuyn.
The cost for the use of energy, fuel and routine maintenance.
- Chi ph khc m bo hot ng ca my mc, thit b (nh thang my, my bm,
my mc thit b khc) thuc Phn S Hu Chung trong Ta Nh.
Other expenses to ensure operation of machinery and equipment (such as elevators,
pumps, other machinery and equipment) under the Common Property of the
Building.
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- Cung cp dch v (bo v, v sinh, thu gom rc, chm sc vn hoa, cy cnh, dit
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Providing services (protection, sanitation, waste collection, garden and plants care,
pesticides and other services) to ensure normal operation of the Building.
- Chi ph ph cp trch nhim cho cc thnh vin Ban Qun L Ta Nh v cc chi ph
hp l khc phc v cho hot ng ca Ban Qun L Ta Nh.
Costs and allowances for responsibility of the Building Management Board members
and other reasonable expenses for the operations of the Building Management Board.
2.
Kinh ph bo tr phn s hu chung: ch thu thm khi khon kinh ph thu theo
Hp ng khng thc hin cng tc bo tr. Mc thu c th s c Ban
Qun L Ta Nh thng qua sau khi ly kin ca cc Ch s hu cn h
m bo nguyn tc mc ng gp ny tng ng vi phn din tch s hu
ring ca tng Ch s hu trong Ta Nh.
Funds for maintenance of the Common Property: further collection shall only be
conducted when the funds collected under the Agreement is not sufficient for
performing the maintenance work. The specific charge shall be approved by
the
the Building and/or the Apartment, the Apartment Owner is obliged to pay the
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Before carrying out any repairs to the Apartment or transporting goods into/out of
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Nh.
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Apartment Owner is obliged to pay such excessive amount based on the relevant
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In case the deposit is not sufficient to pay for the loss or damage incurred, the
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4.
Cc ch ti
Sanctions
Ch u T c quyn phi hp vi Ban Qun L Ta Nh p dng mt bin
php ch ti ph hp i vi bt k Ch s hu no vi phm ngha v thanh ton
c quy nh ti Bn Ni Quy, vi iu kin l cc ch ti s khng nh hng n
vic s dng Cn H v Cng Trnh Tin ch Chung ca cc Ch s hu khc, v
Ban Qun L Ta Nh v Ch u T s khng chu trch nhim v bt k thit hi
no pht sinh i vi Ch s hu l i tng ca cc ch ti .
The Investor shall reserve the right to coordinate with Building Management Board
to apply an appropriate sanction for any Apartment Owner who violates the
payment obligations specified in the Building Rules and Regulations, provided that
the sanctions shall not affect other Owners in the use of the Apartment and the
Common Facilities Works, and Building Management Board and the Investor shall
not be liable for any damage whatsoever incurred to the Apartment Owners as the
subject-matter to such sanctions.
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Insuring the liability of the third party to personal injury and life loss, damage to
property of the third party and/or the Apartment Owner or other lawful Apartment
users arising from acts of the Investor, the Building Management Board.
- Ban Qun L Ta Nh c ngha v v trch nhim mua bo him i vi mt mt
hoc thit hi khng d kin c hoc bt thng theo Hp ng bo him mi ri
ro v phm vi bo him ph hp khc vi tt c cc bt ng sn trong Ta Nh nh
c Ch u T v/hoc Ban Qun L Ta Nh ph duyt.
The Building Management Board shall be obliged and liable to purchase insurance
against loss or damage which is unexpected or abnormal under the Agreement,
insuring all risks and insurance coverage in conformity with all other property in
the Building approved by the Investor and/or the Building Management Board.
- Cc bo him khc m Ban Qun l Ta Nh ph chun khi c coi l cn thit cho
li ch ca Ta Nh.
Other insurances approved by the Building Management Board when deemed as
necessary for the benefits of the Building.
2.
owners and/or other Apartment lawful users, the Investor and the Investor's staff.
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purchase liability insurance incurred and arising from the Apartment Owners act
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3.
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Building is damaged. In the case of insufficient fee collection for the Building
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Common Property and/or public works for the common interests of the users when the
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This deposit is intended to ensure an indemnification for any damage that may occur to
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repairs to the Apartment or carrying goods to and out of the Building or the Apartment.
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Party B is obliged to pay Party A or the Building Management Board a deposit prior to any
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any works within the Building or other Apartments during the process of Party Bs
Apartment repairs or transport of goods to or out of the Building or the Apartment.
Principles of collecting and refunding such deposit are specified herein.
iu 11: CC QUY NH KHC
Article 11: OTHER PROVISIONS
1. i vi khu vc xe, cc quy nh di y phi c tun th v thc hin
nghim tc:
For the parking area, the following rules shall be observed and and implemented
seriously:
a. Ch c nhng xe c th ring hoc phiu gi xe do Ban Qun L Ta Nh cp mi
c php ra vo khu vc tng hm xe.
Only vehicles with separate passes or slips issued by Building Management Board
shall have access to parking basement area.
b. Khi ra vo khu vc tng hm xe cc xe u phi gim tc v tun th
nghim tc cc bng hng dn.
For access to the parking basement area, vehicle users must reduce speed and
strictly adhere to the instruction signs.
c. Xe t ca cc Ch s hu hoc ngi s dng cn h hp php phi u/
ng ni ng k vi Ban Qun L Ta Nh.
Vehicles of the Apartment Owners or lawful users must be parked in the right
place already registered with the Building Management Board.
d. Nghim cm bt k vt no khc ti ni xe, u xe ba bi hay u xe
ti bt k khu vc no khc ca Phn S Hu Chung khng c quy nh lm
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ni xe.
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It is strictly prohibited to leave any other objects in the parking lot, or park their
vehicles indiscriminately or in any other area of the Common Property not
defined as a place for parking.
e. Khng c ra xe trong tng hm hoc ti Phn S Hu Chung. Vic ra xe ca
cc Ch s hu v/hoc nhng ngi s dng hp php cn h ch c tin
hnh ti cc a im m Ban Qun L Ta Nh quy nh.
Vehicles are not allowed to be washed in the basement or in the Common
Property area. The vehicle wash of the Apartment owners and/or the lawful users
shall be conducted only in locations prescribed by the Building Management
Board.
f. Khch ca Ch s hu v/hoc ca ngi s dng hp php cn h s c
xe khu vc ring do Ban Qun L Ta Nh quy nh. Ph gi xe ca khch s
do Ban Qun L Ta Nh quy nh v c th c iu chnh ty theo iu kin
thc t vo tng thi im.
Visitors of the Apartment Owners and/or lawful users shall have their vehicles
parked in a separate garage determined by the Building Management Board.
Visitor parking fee shall be defined by Management Building Board and may be
adjusted from time to time according to actual conditions.
2. Mi Ch s hu v ngi s dng cn h c trch nhim:
All Apartment owners and users are responsible for:
a. Tun th nghim tc v thc hin cc hng dn, yu cu m doanh nghip qun
l ta nh a ra c lin quan n hoc pht sinh t cc quy nh ca Bn Ni Quy
ny.
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(ii)
Vic sa i hoc b sung c chp thun trn 50% (nm mi phn trm)
s Ch s hu tham d cuc hp
The amendment or supplement has been approved by over 50% (fifty
percent) of Aparment owners meeting attendance.
2.
The Building Rules and Regulations take effect from the date /
CHNG II
CHAPTER II
CC CNG TRNH TIN CH CHUNG V CC DCH V TIN CH I KM
COMMON FACILITIES WORKS AND ACCOMPANYING UTILITIES SERVICES
I.
Electrical system:
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2. H thng in:
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B chuyn in cao th, my pht in, h thng thang my, h thng chng st, h
thng chiu sng trong trng hp khn cp.
The high voltage converter, power generator, elevator systems, lightning protection
systems, lighting systems in emergency cases
3. H thng cp nc v thot nc:
Water supply and drainage systems:
H thng cp nc sinh hot, bao gm ng ng v b cha, h thng thot nc
ma, h thng thot nc thi, h thng thot nc v sinh, h thng x l nc
thi bo v mi trng.
Domestic water supply system, including pipelines and storage tanks, rainwater
drainage system, wastewater system, sanitary sewer systems, wastewater treatment
systems for environmental protection.
4. H thng bo chy cm ng khi hnh lang v cc khu vc cng cng khc, trm
bm cha chy, h thng cha chy cc tng lu, h thng thang b v thang thot
him, b cha nc cu ha.
Fire alarm smoke detector system in the corridor and other public areas, fire pump
station, floor fire fighting system, stairs system, emergency exit stairs, fire
protection water tanks.
5. H thng thng gi v h thng iu ha khng kh:
Ventilation system and air-conditioning system
H thng thot kh cc khu cng cng, h thng thot kh nh bp.
Air-exhaust systems in public areas, kitchens
6.
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7.
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8.
hoc Ch u T.
The other areas and systems are not under the private property of the
Apartment Owners nor the Investor.
II.
CC DCH V TIN CH I KM
ACCOMPANYING FACILITIES SERVICES
1.
2.
3.
4.
Tng 01 - 06: Trung tm mua sm cao cp, h bi trn tng thng, khu Caf
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Floor 01-06: high-end shopping center, rooftop swimming pool, Terrace Caf
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CHNG III
CHAPTER III
DCH V QUN L V BO TR HNH LANG
CORRIDOR MANAGEMENT AND MAINTENANCE SERVICES
I. Dch v qun l
Management Services
Dch v qun l bao gm:
Management services include:
1. Dch v qun l chung cho Ta Nh, cc cn h v cc Cng trnh tin ch chung
v x l cc vi phm theo Bn Ni Quy Ta Nh.
General management services for the Building, the Apartments and the
Common Facilities Works and handling violations in accordance with the
Building Rules and Regulations.
2. Dch v bo v (24/24) cho Ta Nh, cc Cn H, cc Cng Trnh Tin ch Chung
v x l cc trng hp mt trt t, an ninh.
Security Services (24/24) for the Building, the Apartments, the Common
Facilities Works, and treating cases of disorder and lack of security.
3. Dn dp lm sch Cc Cng Trnh Tin ch Chung, thu v x l rc v bo tn
cnh quan cho Ta Nh, cc cn h, cc Cng Trnh Tin ch Chung nh chm
sc, ti, bo tr bi c, cy xanh, trang thit b cng cng.
Cleaning up the Common Facilities Works, collecting and treating waste,
preserving the landscape of the Building, Apartments, Common Facilities Works
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equipment.
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as well as caring, watering, maintaining the lawns, greenry, and other public
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II.
Dch v bo tr
Maintenance Services
1.
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The areas and words upon the decision of Management Building Board.
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III. Ph qun l
Management fee
Ph qun l hng thng tm tnh l khon tin Vit Nam ng (Bng ch:
.............................................................) cho mi mt mt vung cn h.
Interim management monthly fees are calculated inVietnam Dongs (in words:
................................. ............................) for each square meter of the apartment.
Ngy ........ thng ......... nm ...........,
Day ........ month ......... year ...........,
I DIN BN B
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I DIN BN A