'Inside story' of not being granted pink book, people sue the government

Do it right but still can't get pink book

According to Lawyer Hoang Van Hung, Ho Chi Minh City Bar Association, representing Ms. Nguyen Vinh Trang, the plaintiff in the case: On March 16, 2015, Ms. Trang and Nova Lexington Real Estate Joint Stock Company (Nova Lexington Company) signed a contract to buy and sell apartment number LC-23.06 (23.06) of the Lexington apartment project. In April 2016, Ms. Trang was handed over apartment 23.6 by Nova Lexington Company, but to date, apartment 23.06 has not been granted a pink book.

On February 22, 2021, Ms. Trang authorized Nova Lexington Company to submit an application for a pink book for apartment 23.06. On March 15, 2021, Nova Lexington Company submitted an application for a pink book for the above household. However, up to now, the deadline for issuing a pink book according to regulations has passed, but the Ho Chi Minh City Land Registration Office has not issued a pink book for apartment 23.06. Therefore, on April 27, 2022, Ms. Trang sued the Ho Chi Minh City Land Registration Office for not issuing a pink book for apartment 23.06.

"Until she was forced to file a lawsuit, Ms. Trang did not know why the Ho Chi Minh City Land Registration Office did not issue pink books to residents according to Document No. 11902 of the Department of Natural Resources and Environment. Because according to the law, the Department of Natural Resources and Environment is the competent State agency with the right to determine the issuance of pink books to home buyers at the project. In addition to filing a lawsuit, Ms. Trang and 274 other residents sent a petition to the Director of the Department of Natural Resources and Environment to direct the Ho Chi Minh City Land Registration Office to consider issuing pink books to Lexington residents according to Document No. 11902," said attorney Hoang Van Hung.

Residents at Lexington apartment building are upset because they were not given pink books.

Ms. Dang Thuy Phuong Thao, representative of Nova Lexington Company, said that the project is built on a land area of ​​more than ^21,000m2 . Of which, the body and base of the project is more than ^17,462m2 and Nova Lexington Company has been granted a pink book for this land. The remaining land area of ^{​​3,893m2} belonging to a 22m strip of land along Interprovincial Highway 25B (now Mai Chi Tho Street) adjacent to the Lexington apartment project has been approved by the Ho Chi Minh City People's Committee to transfer at market price to the company to build a park, plant trees, create landscape and beautify the new urban area. Although the company has temporarily paid 83 billion VND for land use, it has not yet been granted a pink book for this land.

"The project is built in accordance with the 1/500 planning approved by the Ho Chi Minh City People's Committee. The Ministry of Construction has accepted it and allowed it to be put into use. The Thu Duc City People's Committee has issued the house certificate. The project is used for its intended purpose and has fulfilled its financial obligations, so it is eligible to issue pink books to home buyers. The failure to issue pink books for nearly 1,500 apartments has led to residents being upset, gathering to organize lawsuits, and fiercely protesting the company. At the same time, it has affected the company's business situation," said Ms. Thao.

The Director of the Department directed, the Land Registration Office still did not issue

Regarding the issuance of pink books to home buyers at this project, after checking the current status of Lexington apartment building, on December 31, 2020, Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment, issued document No. 11902 requesting Nova Lexington Company to provide documents to the Ho Chi Minh City Land Registration Office to issue pink books to apartment buyers with a common use area of ^{​​16,021m2} , not including the land of ^3,893m2 belonging to the 22m land strip along Interprovincial Road 25B. The Department also directed the Ho Chi Minh City Land Registration Office to receive documents and consider issuing pink books to home buyers according to regulations.

Although the Director of the Department of Natural Resources and Environment has directed so, Ms. Bui Thi Bich Tuyen, Director of the Ho Chi Minh City Land Registration Office, said that there is no basis to resolve the dossier for granting pink books at the project. The Ho Chi Minh City Land Registration Office only carries out the procedures and submits to the Department of Natural Resources and Environment to grant pink books to home buyers in the project according to the provisions of Decree No. 43. Because the project has only one land boundary, with a total area of ​​more than ^19,940m2 (no old and new boundaries). The project has not completed the legal land use (there is no decision to allocate additional land for the increased land). In addition, the project has not paid the land use fee according to regulations (only temporarily paid 83 billion VND for the increased land of ^3,893m2 ).

People suffer, budget loses revenue

Ms. D.TTH, representing 1,496 households in the apartment building, said that the issuance of pink books according to Document No. 11902 does not change the technical criteria, land use coefficient, and population density at Lexington apartment building. Lexington apartment building was approved and implemented in accordance with the provisions of law through documents and decisions of the Department of Construction and the Department of Planning and Architecture of Ho Chi Minh City. The Department of Natural Resources and Environment and competent state agencies also coordinated to inspect and conclude that Lexington apartment building was built in accordance with the documents approving the detailed construction planning at a scale of 1/500 of the Department of Planning and Architecture and the People's Committee of Ho Chi Minh City, documents on appraisal of basic design and aesthetic design of the Department of Construction Management (Ministry of Construction).

The delay in issuing pink books not only makes people miserable but also causes budget losses.

Therefore, granting pink books for apartments 23.06 in particular and residents buying houses at Lexington apartment building in general is a practical action to protect the legitimate rights of home buyers, contributing to removing obstacles for real estate projects in Ho Chi Minh City. Because not being granted pink books has caused the apartments to lose value, no one can buy them, and they cannot be mortgaged to banks. Meanwhile, the ^3,893.9m2 land has not been granted a pink book to Nova Lexington Company, but at the request of the Ho Chi Minh City People's Committee, Nova Lexington Company has temporarily paid 83 billion VND in advance for land use fees. In addition to paying the advance for land use fees, during the working process, Nova Lexington Company always commits to pay land use fees for the ^3,893.9m2 land when the State allocates the land.

"The fact that the HCM City Land Registration Office claims that Nova Lexington Company still owes land use fees and refuses to issue pink books for apartment 23.06 is baseless, affecting the legitimate rights of the people. Not only that, this also causes a loss of state budget revenue because if pink books are issued according to Document No. 11902, the budget will collect about 22 billion VND. The reason why the HCM City Land Registration Office does not issue pink books for the apartments is due to indifferent viewpoints and attitudes, fear of mistakes, fear of responsibility and not daring to do it, not because of legal or institutional problems," Ms. Ba D.TTH was indignant.

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