Selling for a billion VND difference after receiving social housing handover
Dabaco Khac Niem social housing project (Hap Linh ward, Bac Ninh province) has an approved price of 12.6 million VND/m2, handed over from 2024. However, after a short time, many apartments in the project were offered for rent or offered for sale at prices from 35 - 36 million VND/m2, which is nearly 3 times the approved price.
In the role of people in need of buying, we approached many social housing brokers. An apartment on the 21st floor, 60m2 wide, currently rented for 8 million VND/month, was offered for sale for 2.1 billion VND. However, according to the broker, because this is social housing that does not yet meet the transfer conditions, the two parties will make a written record instead of a purchase and sale contract. The purchase and sale can only be recognized after the 5-year term expires, from the date the apartment is handed over.
A similar situation is happening at the Que Vo Hillview social housing project (Nam Son ward, Bac Ninh province). This project has some buildings handed over less than 1 year ago, the highest approved price is 13.6 million VND/m2, however, currently many apartments are being offered for sale at prices from 32 - 35 million VND/m2.
The 60m2 apartment on the 8th floor, the broker quoted a price of 2.1 billion VND (i.e., about 35 million VND/m2). The broker, when complaining about the high price, said: "You must be comfortable with the price difference. In the past, residents who bought here (bought from the investor - PV) had their original price increased by 350 - 400 million VND/unit.
With standard documents, the difference is still high. The difference money is given in cash, the money is given to the corner of the stairs and left there, then the investor comes in to take it. No direct handover, no transfer".
According to the broker, due to not meeting the conditions for transfer, the parties made a written record instead of the contract; the transaction was only recognized after 5 years from the time of handover.
Surveys show that many houses on sale are still in their original condition, without furniture, with signs of not being bought for living. There are even cases of asking relatives to be named because they do not meet the conditions to buy social housing.
Request coordination, provide information for handling
Talking to a reporter from Lao Dong Newspaper, Mr. Nguyen Tuan Dung - Deputy Director of Bac Ninh Provincial Department of Construction - said that the department has seen many subjects taking advantage of mechanisms and policies, circumventing the law to create dossiers for buying and selling social housing contrary to regulations such as: Intentionally separating household registration, selling houses and land where they are living, forging, untruthfully declaring dossiers, buying and selling, subleasing to ineligible subjects...
The Department of Construction recommends that individuals and households strengthen coordination with the department and functional agencies to denounce and provide documents, records, and information related to violations of the law by organizations and individuals in the purchase, sale, lease, and use of social housing.
Previously, the Bac Ninh Department of Construction had strictly handled many violations of social housing. Hundreds of house season contracts were canceled, many apartments were recovered such as: Bac Tu Son social housing (also known as the Green Environment project - PV) recovered 54 units, Tan Hong ward social housing (also known as the Cao Nguyen 3 project - PV) recovered 7 units, Khac Niem ward social housing now Hap Linh ward (also known as the Dabaco Khac Niem project - PV) canceled contracts, recovered 9 apartments...
Proposal to increase sanctions
Lawyer Quach Thanh Luc (Hanoi Bar Association) said that the current level of administrative penalties for illegal social housing business is still not enough to deter (fines of 40 - 60 million VND for individuals, 100 - 120 million VND for organizations, based on Decree 16/2022/ND-CP).
With a purchase and sale difference of hundreds of millions to billions of VND, the current fine amount is insignificant compared to the profit. Even in the case of subletting, violators also enjoy a fairly large profit.
Many lawyers and experts proposed fining according to the rate of illegal profits to increase policy effectiveness. It is possible to fine 2-3 times the difference, force the return of benefits or recover apartments. For organized and speculative violations, the fine can be up to 1 billion VND, accompanied by coercion and asset recovery.