OK Gamuda Land signed a sales contract before even having a construction permit
According to information reported to the Journalist and Public Opinion Newspaper, a group of customers who bought houses at Apartment Complex A6 (including Diamond Centery and Diamond Alnata Plus subdivisions) of the Tan Thang Sports Complex project (Celadon City, Son Ky ward, Tan Phu district, Ho Chi Minh City) said that the investor, Gamuda Land Joint Stock Company (HCMC), signed sales contracts with many customers in the period from 2020 to 2022.
But it was not until May 8, 2023 that the Ho Chi Minh City Department of Construction issued Document 6351/SXD-PTN&TTBDS confirming eligibility to sell future housing for 1,313 apartments, including 160 apartments in Apartment Complex A5 and 1,153 apartments in Apartment Complex A6.
Apartment complex A6 belongs to Celadon City urban area of Gamuda Land.
Previously, on April 13, 2023, the Ho Chi Minh City People's Committee issued Decision 1426/QD-XPHC to administratively sanction Gamuda Land for violating "Illegal capital mobilization". Specifically, it was the act of signing a contract to buy and sell an apartment at Apartment Complex A5 without a document from the Department of Construction announcing that the house was eligible for sale and lease according to regulations.
Therefore, this group of customers believes that Gamuda Land's violations at Apartment Complex A5 have continued to recur at Apartment Complex A6. Therefore, after Gamuda Land was fined, many customers gathered documents and evidence to send to the authorities, requesting that this investor be fined for the act of "Illegal capital mobilization" at Apartment Complex A6.
Ms. D.TN - representative of the customer group said: "We have repeatedly sent petitions and requests to the authorities such as the Department of Construction and the City People's Committee to clarify the violations of this investor, and at the same time, there must be appropriate penalties for the violations and the return of the illegally mobilized capital. However, after many months, the authorities still have not responded to the people...".
Accordingly, from April 28, 2023 to present, Ms. D.TN and many other customers have sent 7 petitions with collective signatures and many evidences of Gamuda Land signing sales contracts before meeting the conditions for opening sales to the Department of Construction. However, up to now, the Department has not responded to the request of this group of customers.
The 5th petition of the customer group at Apartment Building A6 sent to the authorities.
In addition to the sales contracts signed with customers in 2022, before the announcement of eligibility for sale, Gamuda Land also signed sales contracts with customers in 2020, before the A6 Apartment Complex had a construction permit.
Specifically, on November 4, 2021, the 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 signed in February 2020 by Ms. NTN - a customer who bought an apartment in the Diamond Alnata Plus subdivision, this contract was signed 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. The contract also clearly states that the investor is responsible for handing over the apartment to customers in the fourth quarter of 2022, which is no later than December 31, 2022.
How does Gamuda Land explain selling houses when conditions are not met?
According to Ms. D.TN, during working sessions with the investor, many customers also questioned Gamuda Land about signing contracts before meeting the conditions for opening for sale. In response to this question, Gamuda Land staff said that they have been complying with the procedures prescribed by the law on real estate business regarding the conditions for selling future housing.
Specifically, the staff said that on April 20, 2022, the investor sent a document to the Department of Construction notifying that it was eligible to sell houses in phase 3 of the A6 apartment complex. Based 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, within 15 days from the date of receiving the investor's request, the Department of Construction must check the documents.
If the application has 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 application does not have sufficient documents as prescribed, there must be a written notice 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 in writing that the housing is eligible for sale or lease-purchase after receiving the investor's application dossier.
A contract for the sale of an apartment in the Diamond Alnata Plus subdivision of Apartment Complex A6.
“Gamuda Land staff said that the investor had sent a notice of eligibility to sell houses but the Department of Construction did not respond, so the project was eligible to open for sale. However, we found that if the project was eligible to open for sale according to the provisions of Decree 99 as Gamuda Land said, then why on May 8, 2023, the Department of Construction continued to issue a document announcing eligibility to open for sale,” Ms. D.TN was indignant.
As previously reported, after being fined by the Ho Chi Minh City People's Committee for violations at Apartment Complex A5, Gamuda Land has yet to take remedial action, which is to refund customers the illegally mobilized capital.
Recently, Vice Chairman of the Ho Chi Minh City People's Committee Bui Xuan Cuong directed the Department of Construction to review and evaluate the feasibility of organizing the enforcement of remedial measures according to Decision 1426 of the Chairman of the City People's Committee and similar cases.
In particular, the Department of Construction must synthesize and report to the Ministry of Construction according to the opinion of the City People's Committee leader in Official Dispatch 7610/VP-DT dated July 24. Based on the guidance of the Ministry of Construction, synthesize the proposed report and submit it to the Chairman of the City People's Committee for consideration according to authority and law.
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