Accordingly, on June 1, 2023, the Ho Chi Minh City Department of Construction issued Document No. 7764/SXD-TT to the People's Committee of Tan Phu District regarding the prevention of handing over apartments to people for use without organizing acceptance according to regulations.
The content of this document clearly states that the Ho Chi Minh City Department of Construction has issued Document No. 7356/TTr-SXD-TT dated May 24 and Official Dispatch No. 7528/SXD-TT dated May 29, requesting the Chairman of the Ho Chi Minh City People's Committee to sign and issue a "Decision on administrative sanctions for violations in real estate business activities against Gamuda Land Joint Stock Company (Gamuda Land)". The reason for the sanction is because this investor has handed over houses and construction works to customers without having a document approving the acceptance results of the competent authority to put the housing project and social infrastructure project into use according to regulations.
Specifically, Gamuda Land handed over apartments at Apartment Building A5 (belonging to the Tan Thang - Celadon City Sports and Residential Complex Project, Son Ky Ward, Tan Phu District, Ho Chi Minh City) to customers without receiving a written approval from the State Appraisal Department for Construction Quality of the results of the inspection of the completion of the project to put it into use according to regulations.
The document of the Ho Chi Minh City Department of Construction sent to the People's Committee of Tan Phu District shows violations in the handover of apartments by Gamuda Land.
“Therefore, to ensure the safety of people and property, the Department of Construction requests the People's Committee of Tan Phu District to direct specialized agencies to prevent Gamuda Land Joint Stock Company (HCMC) from handing over apartments in the A5 apartment building of the Tan Thang Sports and Residential Complex project to residents for use, until the above construction work is approved in writing by a competent state agency with the results of the inspection of the completion acceptance of the work to put it into use according to regulations,” the document of the Ho Chi Minh City Department of Construction also clearly stated the request to prevent Gamuda Land from handing over apartments to residents.
As previously reported by the Journalist and Public Opinion, many customers who bought apartments at the A5 Apartment Complex have had their apartments handed over to them by Gamuda Land for them to move in. However, when customers requested legal information showing that the apartments were approved by the authorities for use, the investor only provided document 516/GD-ATXD/GT dated May 10 of the State Appraisal Department on Construction Quality - Ministry of Construction (Appraisal Department).
In this document, the Appraisal Department requested Gamuda Land to continue to correct the shortcomings in the report that the investor submitted on May 4, 2023 and report the results to the Appraisal Department. In addition, the content of the document does not show that the works at Apartment Complex A5 have been approved for use.
Many people have received houses in Diamond Brilliant area.
The representative of the Appraisal Department also affirmed that the document 516/GD-ATXD/GT is not an approval document for Gamuda Land to put the A5 Apartment Complex into use. Instead, after the investor has resolved the shortcomings stated in the document, the Appraisal Department will continue to review and inspect. If the conditions are met, the Appraisal Department will issue a notice that the project is eligible to be put into use.
In addition, after document 516/GD-ATXD/GT, the Appraisal Department has not issued any additional documents related to Apartment Complex A5. Therefore, the works at Apartment Complex A5 are still not qualified to be handed over to residents.
Regarding the A5 Apartment Complex, previously on April 13, the Ho Chi Minh City People's Committee issued a decision to fine Gamuda Land for signing a contract to buy and sell apartments in this apartment complex without a document from the Department of Construction notifying that it is eligible to sell and lease future housing according to legal regulations.
Pursuant to Clause 4, Article 58 of Decree 16/2022 of the Government, 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, which are to return the capital mobilized in violation of regulations. 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.
Gamuda Land is the real estate development division of Gamuda Berhad, Malaysia's leading infrastructure and construction group. Entering the Vietnamese market in 2007, Gamuda Land is currently investing in two urban areas: Gamuda City, covering 274 hectares in Hoang Mai District, Hanoi, and Celadon City, covering 82 hectares in Tan Phu District, Ho Chi Minh City.
Celadon City is a project built on an area of 82 hectares with a total investment of up to 1 billion USD. Currently, this urban area has been implementing many subdivisions including: Ruby, Emerald, Diamond Alnata, Diamond Alnata Plus, Diamond Brilliant, Diamond Centery, and The Glen (Condo Villa).
In addition, recently, the Elysian project at 170 Lo Lu Street (Truong Thanh, District 9, Thu Duc, Ho Chi Minh City) was also promoted by Gamuda Land as the second project of this investor in Ho Chi Minh City. This is an apartment project deployed to anticipate the development of traffic infrastructure in this area with a scale of 3 hectares with nearly 1,400 apartments.
However, up to now, this Elysian project has not been granted a construction permit and is not qualified to open for sale future housing.
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