Many apartments are not granted certificates due to violations from the investor.
According to the report of the Ho Chi Minh City People's Committee sent to the Standing Committee of the People's Council on the work of granting the first Certificate of Land Use Rights, House Ownership Rights and Property Attached to Land (pink book) to organizations and individuals in commercial housing projects in the city, from the time the 2013 Land Law took effect on July 1, 2014 until April 30, 2023, in Ho Chi Minh City there were 335 projects eligible for granting pink book certificates, corresponding to 191,101 apartments.
Of these, 8,372 apartments have received tax notices and are waiting for their owners to pay taxes; 19,958 apartments are undergoing procedures for issuing pink books but must be temporarily suspended to fulfill additional financial obligations; 10,277 apartments in 18 projects must temporarily suspend procedures for issuing pink books due to inspection and investigation; 8,918 apartments have not been issued pink books due to regulations on new types of real estate; 4,657 apartments have not been issued pink books due to problems such as redetermining the common land area of the apartment building, collecting money, and reviewing home buyers; 28,907 apartments have not been issued pink books because the investors and home buyers have not submitted applications for pink books. Thus, the total number of apartments facing problems and not yet being issued pink books is 81,085 apartments.
According to the assessment of the Ho Chi Minh City People's Committee, from 2014 to present, the situation of receiving pink book applications for commercial housing projects in the city has increased every year, the rate of resolved applications has reached 64.6% (meaning the average rate of being resolved has increased by 32.7%).
Many investors encounter problems that prevent customers from being granted pink books.
However, the current process of granting pink books still faces many difficulties due to the following problems: Projects that are not legally entangled, only waiting for confirmation of financial obligations; Projects that must fulfill additional financial obligations; Investors who are late in submitting documents for pink book issuance; New types of real estate; Projects that are under inspection and investigation; Some projects owned by foreign organizations and individuals; Investors who violate construction regulations; Projects that have problems with social housing obligations.
To speed up the issuance of pink books locally, the Ho Chi Minh City People's Committee has directed the Department of Natural Resources and Environment (DONRE) of Ho Chi Minh City to study solutions to resolve the above 6 groups of difficulties and problems. It proposes solutions, implementation time, assignment of tasks and reporting regime on progress and results. The Department is also assigned to work directly with investors who are late in submitting documents to clarify the reasons. In case investors deliberately do not submit documents without a valid reason, violations will be strictly handled according to the law.
Handling violations of 33 projects
During the period of 2020-2022, the Department of Natural Resources and Environment of Ho Chi Minh City also sanctioned and advised the City People's Committee to sanction 10 enterprises for not submitting documents, not providing or providing incomplete documents to carry out procedures for granting pink books to home buyers with a total fine of more than 4.1 billion VND.
Based on the list provided by the Department of Natural Resources and Environment, the Department of Construction Inspectorate also handled violations of 33 projects, advised on the issuance of 69 decisions on administrative sanctions against many investors affecting the issuance of pink books.
Projects that were handled for violations include the commercial center, office and apartment building in Thu Duc City - block A and B, Thu Duc City by Son Kim Land; Celadon City urban area (Tan Thang sports and residential complex, Son Ky ward, Tan Phu district) by investor Gamuda Land (HCMC)...
Celadon City by investor Gamuda Land is a project that was recently fined by the Ho Chi Minh City People's Committee.
To resolve the problems and shortcomings in the issuance of pink books, the Ho Chi Minh City People's Committee also proposed specific directions and solutions. With the problem of investors mortgaging the project's certificates at credit institutions and not performing the mortgage cancellation registration procedure, there is no basis for considering and assessing the conditions for granting certificates to home buyers, the Ho Chi Minh City People's Committee directed the Department of Natural Resources and Environment to invite relevant departments, branches, banks and investors to guide the cancellation of mortgages on land use rights.
For investors who do not clear mortgages, the Department of Natural Resources and Environment shall issue a written notice to residents to inform them and request residents to file a lawsuit against the investor in court for consideration and settlement according to regulations.
For projects that have not been granted certificates and have no legal problems, only waiting for confirmation of completion of financial obligations, the Ho Chi Minh City People's Committee directs the Department of Natural Resources and Environment, the Ho Chi Minh City Tax Department, the Tax Branch and businesses to urge implementation responsibilities.
For projects where investors are late in submitting documents (projects with planning adjustments, construction violations, and additional financial obligations), the Ho Chi Minh City People's Committee directs the Department of Natural Resources and Environment to work directly with investors, clarify the causes, and propose specific solutions. In cases where investors deliberately do not submit documents without a valid reason, violations will be strictly handled according to regulations.
Regarding difficulties caused by legal regulations for new types of real estate such as condotels and shophouses, the Department of Natural Resources and Environment has planned to invite the Ministry of Natural Resources and Environment to provide training and guidance on implementation according to Decree No. 10/2023 of the Government (effective from May 20 this year).
For projects that must fulfill additional financial obligations, the Ho Chi Minh City People's Committee reports to the Party Committee of the Ho Chi Minh City People's Committee on the project "Removing difficulties and obstacles in determining specific land prices in the city". For projects with other problems, the Ho Chi Minh City People's Committee directs the Department of Natural Resources and Environment to study and advise the Ho Chi Minh City People's Committee to propose solutions to remove these problems to competent authorities.
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