Stuck in four groups
According to Mr. Vo Cong Luc, Head of the Land Management Department (Department of Natural Resources and Environment of Ho Chi Minh City), statistics up to 2023 show that the city still has 81,000 houses in 335 projects that have been assessed as eligible for land use right certificates (pink books) but have not been granted. To date, the city has granted pink books to more than 22,000 houses, while 59,000 houses, equivalent to 73%, have not been granted books. In the first 2 months of the year alone, the Ho Chi Minh City Land Registration Office granted pink books to 1,486 applications and received 1,189 new applications.
Issuing pink books to home buyers still has many problems.
Speaking to Thanh Nien , Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment of Ho Chi Minh City, said that there are 6 main groups of problems related to the issuance of pink books in the city. Group 1 is the group waiting to pay taxes, group 2 is the group of projects that are late in submitting documents for pink books, group 3 is the group of new real estate (mainly officetel apartments, shophouses), group 4 is the group of projects that must fulfill additional financial obligations, group 5 is the group of projects with other problems and group 6 is the group of projects that are being inspected and investigated.
The above 59,000 houses belong to 4/6 groups of problems including the group of projects with delayed submission of documents for granting pink books (group 2), the group of new real estate (group 3), the group that must fulfill additional financial obligations (group 4) and the group under inspection and investigation (group 6). In 2024, the Department will continue to implement the proposed solutions to resolve these houses.
Specifically, for group 2, the Department will urge investors and home buyers at the project to promptly submit documents to resolve procedures for granting pink books. For group 3, which is a group of new projects, the Department will discuss and propose to the Ministry of Natural Resources and Environment to issue documents guiding the settlement of granting pink books for these new real estate cases. For group 4, the Department will speed up the implementation of identifying cases that must fulfill additional financial obligations and carry out the work of determining specific land prices as a basis for tax authorities to calculate additional financial obligations.
As for the problems in group 6, the Department will have a written exchange with the inspection and investigation agencies to clarify whether the continued handling of procedures for granting pink books to home buyers at the project will affect the results of the inspection and investigation. The Department will organize the handling roadmap according to the above solutions until the remaining number is resolved.
Need breakthrough solutions
The leader of a real estate company in Ho Chi Minh City said that her project has more than 1,000 apartments that have been handed over to residents for more than 3 years. Over the past 3 years, people have continuously called for help and petitioned everywhere about the delay in issuing pink books. Although the investor submitted the documents a long time ago, the authorities have been very "cautious" in handling the issue. Instead of issuing the books, the Department of Natural Resources and Environment has sent documents asking for opinions everywhere. The problems are under the authority of the locality and departments, but the response is also very slow.
"The key issue here is whether the city dares to think and act. I think that whatever is beneficial to the people, businesses and the state, the city's leaders should boldly do and direct their subordinates to do. When the apartments are granted pink books, the people are happy, the businesses also collect the remaining 5%, maintain their reputation with customers and the state also collects taxes and fees of all kinds. In the current difficult times, cutting administrative procedures, speeding up the legal process for projects and granting pink books to people are practical actions to help revive the real estate market," he said.
Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association, analyzed the problem with the new type of apartment, which is very small and insignificant. The majority of the remaining apartments are condominiums and houses in projects. Meanwhile, the decrees have created a mechanism for granting pink books for new apartments.
"The problem is to get started quickly, there is no need to ask for the Ministry's opinion anymore," Mr. Chau said frankly, and said that the biggest problem currently causing the delay in granting pink books to people is land valuation and determining additional land use fees. But this problem is due to the state management agency appraising land prices and not issuing notices to businesses to pay land use fees, not due to investors because most investors want to pay land use fees to fulfill their financial obligations, which will serve as a basis for granting pink books to people.
The next problem is due to planning adjustments when there were investment projects 20-30 years ago. At that time, investors did not build according to the planning, people bought houses and built houses that were not model houses. In addition, because the planning vision at that time was limited and narrow, many places such as the old District 9 (now Thu Duc City) were only allowed to build 1.5 floors, so many families did not have enough space to live, so they built more, maybe up to 6 floors because according to the law, individual houses are houses with 7 floors or less. These cases have existed for too long, the government needs to adjust the planning to issue pink books to people.
"If the construction is illegal due to the investor, then separate it to deal with the investor, if the people are not at fault, then issue certificates for the remaining part, and issue pink books to the people. There are cases where the apartment project where the investor mortgages it at the bank and has not released the mortgage, should also be separated to issue pink books to home buyers. If the investor mortgages it at the bank, both parties must take responsibility, the home buyer is not at fault. There are many reasons for the delay in issuing pink books so far, so each case must be considered specifically.
The city leaders themselves are very concerned and have proposed many solutions, but they are still slow. It is proven that up to now, there are still 59,000 houses that have not been granted pink books. But these are only old projects that have been counted for a long time, and new projects, each year there are about 15,000 houses handed over to people, also need to be concerned and resolved to protect the rights and legitimate interests of home buyers. It is impossible to "hang" the pink books of the people forever because of the fault of the investor, the bank or the state management agency, there needs to be a breakthrough solution," Mr. Le Hoang Chau suggested.
In a recent explanation session on the issuance of pink books to organizations and individuals in commercial housing development projects in Ho Chi Minh City organized by the People's Council of Ho Chi Minh City, Chairwoman of the People's Council of Ho Chi Minh City Nguyen Thi Le said that legal regulations all affirm that the State recognizes and protects the land use rights, the right to own houses, and assets attached to the land legally of the owners. However, ensuring legal rights for people owning commercial housing still has many limitations.
The delay in issuing pink books has greatly affected the legitimate rights and interests of the people, causing heavy economic losses to the people as well as budget losses. In fact, there have been many complaints and lawsuits from residents related to the delay in issuing pink books at commercial housing projects. There are projects that have not been issued pink books for more than 20 years. This is also the content that many voters have reflected and recommended to the City People's Council delegates in recent times.
Chairwoman of the Ho Chi Minh City People's Council Nguyen Thi Le proposed to speed up the progress and ensure effective implementation of the work of issuing pink books. The City People's Committee needs to assign a presiding agency to monitor, synthesize and evaluate this work. At the same time, direct a comprehensive review of housing projects in the city that have been put into use but have not yet been issued pink books. From there, clearly identify the causes and obstacles and have a specific plan, roadmap and time to remove difficulties and obstacles and consider and resolve the issuance of pink books to home buyers according to regulations.
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