Marking assets to recover maintenance funds
The Saigon Gateway project has a land area of 14,388m2 invested by Hiep Phu Real Estate Joint Stock Company. Recently, many residents living in SaiGon Gateway apartment building have sent a petition to the leaders of Ho Chi Minh City stating that the fire prevention, fire fighting and elevator systems are constantly damaged, causing unsafety and threatening people's lives...
Mr. Nguyen Van Hung, a resident of block B, Saigon Gateway apartment building, was upset that since 2020, residents have repeatedly sent documents requesting investors to hand over the maintenance fund after the Management Board was legally established. However, the investor has continuously delayed.
It is worth mentioning that the People's Committee of the old Thu Duc City, in June 2024, issued a decision to enforce the handover of maintenance funds, and also sent many documents to credit institutions and banks to verify the investor's account number to enforce deductions from the account. However, Hiep Phu Land Joint Stock Company did not have enough money in its account to do so.
Recently, on June 25, the Ho Chi Minh City Department of Construction reported to the Ho Chi Minh City People's Committee on the handling directions. Accordingly, the local government has sent an official dispatch requesting the Ho Chi Minh City Police and the Department of Agriculture and Environment of all provinces and cities nationwide to support the verification of the assets of Hiep Phu Land Company, thereby having a basis for compulsory seizure and auction of assets. After having the results of the asset verification, the local government will conduct the seizure and auction of the assets.
There are still hundreds of projects that have not been handed over for maintenance funds
According to the report of the Ho Chi Minh City Department of Construction, before the merger, the city had 413 apartment buildings that had been handed over for maintenance, while 163 apartment buildings had not been handed over.
Regarding the reason for the situation where there are still too many investors not handing over the maintenance fund, the Ho Chi Minh City Department of Construction divides it into 2 groups.
Group 1 is a case of an investor violating criminal law, having been prosecuted and investigated; having a document from a State agency requesting the police agency to consider and handle the handover of the maintenance fund... For this group, the Department of Construction recommends that the Ho Chi Minh City People's Committee assign the police agency to promptly have verification and handling results. The Department of Finance has issued a document guiding the change of the legal representative of the enterprise in case the investor is arrested, is serving a prison sentence, or has died to continue performing the obligations and responsibilities of the investor. Group 2 is complaints, disputes, and reflections related to the management, operation, and use of apartment buildings such as delay in completing procedures for granting certificates to people; delay, failure to hand over maintenance funds for shared ownership of apartment buildings; management, use, and handover of maintenance funds for shared ownership are not in accordance with regulations...
Mr. Le Hoang Chau - Chairman of the Ho Chi Minh City Real Estate Association - commented that the dispute over the apartment maintenance fund is not only an internal problem between residents and investors, but reflects the shortcomings in the apartment management system in large cities, including Ho Chi Minh City. The 2023 Housing Law has amended and supplemented many regulations related to the rights and responsibilities of the Apartment Management Board, but it is still necessary to clarify the financial enforcement mechanism, the right to intervene of management agencies when disputes arise, as well as sanctions for individuals and organizations that violate.
