Sign the sales contract before the opening date
Reflecting to the Journalist and Public Opinion newspaper, many readers who are customers who signed sales contracts with Gamuda Land Joint Stock Company (Gamuda Land) at Apartment Building A6, part of the Tan Thang Sports and Residential Complex project, Son Ky ward, Tan Phu district, Ho Chi Minh City (commercial names are Diamond Alnata Plus and Diamond Centery) said that residents have requested the investor to have an official meeting to explain the confirmation of eligibility to open sales of the new project issued by the Ho Chi Minh City Department of Construction on May 8, 2023 in Document No. 6351/SXD-PTN&TTBDS.
Meanwhile, most of the sales contracts were signed by the investor in 2022, before the deadline for confirmation of eligibility for sale. Therefore, many customers who bought houses at Apartment Complex A6 expressed doubts about the legality of the project and said that there were signs of violations similar to those of Apartment Complex A5, which was previously punished.
Apartment area A6 is under construction, separated from area A5 by a fence.
Ms. D.TN - a customer who bought a house here said: "When asking this question to the investor, we received the answer that Gamuda Land has been complying with the procedures prescribed by the law on real estate business regarding the conditions for selling future housing. Specifically, they have provided the construction permit of the A6 Apartment Complex and said that on April 20, 2022, they sent a document to the Department of Construction notifying that they are eligible to sell houses for 746 apartments in phase 3 of the A6 apartment complex..."
Specifically, to prove the legality, Gamuda Land relied on Clause 2, Article 19 - Decree 99/2015 dated October 20, 2015 of the Government guiding the implementation of a number of articles of the Housing Law. According to this regulation, within 15 days from the date of receiving the investor's request, the Department of Construction must check the documents. If the documents have sufficient documents as prescribed in this point, the Department of Construction must send a written notice to the investor that the house is eligible for sale or lease-purchase. If the documents do not have sufficient documents as prescribed, there must be a written document stating the reason.
In case the investor has submitted the dossier but the time limit specified in this point has passed and the Department of Construction has not issued a written notice and the housing is eligible for sale or lease-purchase, the investor has the right to sign a contract for sale or lease-purchase of the housing to be built in the future but must be responsible for the sale or lease-purchase of this housing. The Department of Construction must be responsible for notifying or not notifying the housing is eligible for sale or lease-purchase after receiving the investor's application dossier.
Entrance area to the construction site of Apartment Complex A6.
Answering customers' questions, Gamuda Land staff said that the investor had sent a notice of eligibility to sell houses but the Department of Construction had not responded, so the project was eligible to open for sale. Before this answer, many customers still felt unsatisfied, because their questions related to the Department of Construction confirming eligibility to open for sale on May 8, 2023 had not been answered.
Many customers have continued to request to work with the head of Gamuda Land's legal department. However, in the most recent meeting on May 19, the investor has not yet met the information requirements previously announced by customers, and the meeting still only stopped at the level of recording.
Selling a house before even having a building permit
Also in the recording and exchange with customers, Gamuda always affirmed that it had enough legal documents and did not violate the regulations on selling future housing. However, the group of customers provided the reporter with evidence that the investor Gamuda Land had sold houses before being granted a construction permit, contrary to the above affirmation.
Specifically, on November 4, 2021, the Ho Chi Minh City Department of Construction granted a construction permit to Gamuda Land to construct the A6 Apartment Complex in Document No. 92/GPXD. However, according to the sales contract of Ms. NTN - a customer who bought a Diamond Alnata Plus apartment, the signing date was February 2020, nearly 2 years before Gamuda Land had a construction permit and more than 3 years before the Department of Construction issued a document confirming eligibility for sale. Also according to this contract, Gamuda Land is responsible for handing over the apartment to customers in the fourth quarter of 2022, that is, no later than December 31, 2022.
Also from this contract, many customers have expressed their loss of confidence in the project and requested that the authorities promptly intervene, clarify legal issues to resolve disputes as well as the interests between customers and investors.
A sales contract at Apartment Complex A6 was signed in February 2020.
As previously reported, on April 13, the Ho Chi Minh City People's Committee issued a decision to fine Gamuda Land for violations at the Celadon City urban area project. This investor violated the law when signing a contract to buy and sell apartments at the A5 apartment complex of this project without a document from the Department of Construction notifying that it is eligible to sell and lease future housing according to the law.
Pursuant to Clause 4, Article 58 of Decree 16/2022 of the Government, Ho Chi Minh City People's Committee decided to fine Gamuda Land VND 900 million for illegal capital mobilization.
In addition, the company must also take remedial measures, which are to return the capital mobilized in violation of regulations. The time limit for implementing remedial measures is 10 days from the date of receipt of the decision. All costs for organizing the implementation of remedial measures shall be borne by the company.
Gamuda Land is the real estate development division of Gamuda Berhad, Malaysia's leading infrastructure and construction group. Entering the Vietnamese market in 2007, Gamuda Land is currently investing in two urban areas: Gamuda City, covering 274 hectares in Hoang Mai District, Hanoi, and Celadon City, covering 82 hectares in Tan Phu District, Ho Chi Minh City.
Celadon City is a project built on an area of 82 hectares with a total investment of up to 1 billion USD. Currently, this urban area has been implementing many subdivisions including: Ruby, Emerald, Diamond Alnata, Diamond Alnata Plus, Diamond Brilliant, Diamond Centery, and The Glen (Condo Villa).
In addition, recently, the Elysian project at 170 Lo Lu Street (Truong Thanh, District 9, Thu Duc, Ho Chi Minh City) was also promoted by Gamuda Land as the second project of this investor in Ho Chi Minh City. This is an apartment project deployed to anticipate the development of traffic infrastructure in this area with a scale of 3 hectares with nearly 1,400 apartments.
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