According to the feedback of many customers who bought apartments at A5 Apartment Complex, Tan Thang Sports and Residential Complex (Celadon City project, Son Ky ward, Tan Phu district, Ho Chi Minh City), up to now, it has been nearly 90 days since the Ho Chi Minh City People's Committee issued Decision 1426/QD-XPHC to fine Gamuda Land Joint Stock Company (Gamuda Land). However, in addition to paying the administrative fine, this investor has not yet returned any amount of money that was improperly mobilized to customers.
Representatives of the customer group have repeatedly visited the People's Committee of Tan Phu District to seek information and received a written response No. 1323/UBND-TCD. Accordingly, the People's Committee of Tan Phu District requested Gamuda Land Company to strictly comply with the Decision on administrative sanctions No. 1426. At the same time, the investor was required to take remedial measures as stated in the Decision on sanctions, but Gamuda Land Company has not yet implemented them.
In a recent meeting with residents, in response to questions related to the refund of capital mobilized in violation of regulations, Gamuda Land representatives said they are currently waiting for instructions from Tan Phu District People's Committee on how to fix the problem.
However, on July 4, in a document sent to the Ho Chi Minh City People's Committee and the Department of Construction to report on Gamuda Land's implementation of remedial measures, the Tan Phu District People's Committee said it had requested the investor to strictly comply with the penalty decision, but up to now the investor has not yet reported the implementation results.
In addition, the People's Committee of Tan Phu District also requested the Department of Construction to provide guidance on implementing remedial measures because this is a civil housing sale and purchase contract between the residents and the investor, with payment progress in stages. From there, it can be seen that the problem of refunding the delay in implementing the entire penalty decision of the Ho Chi Minh City People's Committee is partly related to the process of waiting for this guidance.
Regarding the above information, Mr. NNL - representative of the group of residents who bought houses at Apartment Complex A5 and are demanding their rights, said that the group of residents has sent a petition to the Department of Construction to request early enforcement of capital repayment to Gamuda Land. In addition, people also have many questions related to the repayment of capital mobilized in violation of regulations and hope that the authorities will answer them.
Specifically, many customers who bought houses at Gamuda Land's A5 Apartment Complex wondered if the investor sold future housing without permission to open for sale, the refund amount would be the entire amount paid, until Gamuda Land had a license to open for sale. However, in order to prevent customers from being damaged by illegal capital mobilization for many years, in addition to refunding the capital, this investor is also responsible for compensating customers at an appropriate level.
“In addition, after Gamuda Land takes remedial measures, how will the terms such as late handover penalties, contract violation penalties, etc. between residents and investors be implemented when returning the illegally mobilized capital? These questions are still waiting for the competent authorities to answer, to soon return the legitimate rights to customers who bought houses at Apartment Complex A5,” Mr. NNL shared.
Diamond Alnata subdivision belongs to Apartment Complex A5.
As previously reported by Journalists and Public Opinion, on April 13, 2023, the Ho Chi Minh City People's Committee issued a decision to fine Gamuda Land for violating the contract for the sale and purchase of apartments at Apartment Building A5, part of the Tan Thang - Celadon City sports complex and residential area project (on land plot No. 39, map sheet No. 40, in Ky Son ward, Tan Phu district) without a document from the Department of Construction notifying the eligibility to sell and lease future housing according to the law.
Pursuant to Clause 4, Article 58 of Decree 16/2022 of the Government, the Ho Chi Minh City People's Committee has decided to fine Gamuda Land VND 900 million for illegal capital mobilization. The company must also take remedial measures to return the capital mobilized illegally. 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.
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