Embezzling investors' assets to recover maintenance funds

Bảo Chương |

HCMC - The authorities will verify the assets of Hiep Phu Land Company to seiz and auction to hand over the maintenance fund to Saigon Gateway apartment building.

The Saigon Gateway project has a land area of 14,388 m2 invested by Hiep Phu Real Estate Joint Stock Company.

Recently, many residents living in SaiGon Gateway apartment building have sent a petition to the city leaders, saying that the fire prevention and fighting system and elevators are constantly damaged, causing serious insecurity, threatening people's lives.

Residents also reported that more than VND30 billion in maintenance funds and more than VND4,000 m2 of commonly owned land were appropriated. According to the reflection, this land has been separated and sold twice by the investor, showing signs of violating the law on land, planning and housing.

It is known that in August 2017, the Department of Planning and Architecture issued document No. 3762 approving the overall planning of the project. Accordingly, the project area minus the road boundary is 13,317 m2, with a specific land use structure. The total site includes 2 blocks: apartment building and commercial block, office.

In June 2019, the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) reissued the certificate of separation into 2 books (book with an area of 8,316 m2 of long-term residential land and commercial and service land of more than 5,000 m2 with a term of 50 years) instead of the certificate issued in 2012.

Opposing the allocation of 5,000 m2 of land to the investor because of the common path of the apartment building on this land, many households in Saigon Gateway apartment building have reported to the Department of Natural Resources and Environment.

At the appeal hearing in September 2024, the court determined that the apartment building was built in 2017, and the house was handed over to residents since 2019, so the entrance to the apartment building was recorded in the red book (5,000 m2) issued to the commercial and service area, which is not in accordance with legal regulations and does not ensure the rights of residents of the apartment building. At the same time, the first instance court had not collected sufficient evidence, affecting the settlement of the case, so the appellate court overturned the first instance judgment so that the first instance court could re- resolve the case.

At the same time, many residents have not yet been granted certificates of land use rights and ownership of assets attached to land (pink books) even though they have lived there for nearly 6 years.

In response to the people's frustration related to the disputes at the project, the Chairman of the Ho Chi Minh City People's Committee requested relevant agencies to publicize the results of the settlement so that residents know and report the implementation results in June 2025.

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, regarding the direction of the Ho Chi Minh City People's Committee on the compulsory handover of the maintenance fund at the Saigon Gateway apartment project, the Thu Duc City People's Committee has issued 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 facility for compulsory seizure and auction of assets. After having the results of the asset verification, Thu Duc City People's Committee will conduct an amnesty and auction of the assets.

To effectively implement the enforcement of the handover of the maintenance fund, information from the Department of Construction on June 25 said that there has been a proposal from the Ho Chi Minh City People's Committee to assign the Thu Duc City People's Committee to urgently enforce. In case of violating the law, the dossier and incident shall be transferred to the competent authority for consideration and resolution.

Coordinate with the Department of Agriculture and Environment to consider seizing a commercial and service land plot with an area of 5,000 m2, according to the certificate No. CT77766 issued to Hiep Phu Company in 2019.

The Department of Construction also recommended that the Ho Chi Minh City People's Committee assign the Director of the Department of Agriculture and Environment to urgently review and resolve the issuance of pink books to residents; at the same time, review the issuance of certificates for commercial service land with an area of 5,000 m2 according to certificate No. CT77766.

Hundreds of apartment buildings have not yet handed over maintenance funds

Regarding disputes, reflections, and complaints related to apartments in Ho Chi Minh City, the Department of Construction said that according to statistics, there are currently 413 projects that investors have handed over maintenance funds to the management board and 163 investors have not yet implemented them.

In addition, there are a number of complaints related to the management, operation and use of apartment buildings. Investors are slow to prepare procedures for granting pink books to residents; are slow, do not hand over maintenance fees or hand over maintenance fees in violation of regulations; arbitrarily change the function of using items in apartment buildings; disputes between the Management Board and the investor related to the right to own the area under common ownership and private ownership; the area of parking space in apartment buildings...

Bảo Chương
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Maintenance fund disputes are still a hot spot in many apartment projects

Gia Miêu |

The story of handing over and using apartment maintenance funds continues to be a hot topic leading to disputes in apartments in Ho Chi Minh City.

Không dễ lấy quỹ bảo trì từ chủ đầu tư

Bảo Chương |

Hiện trên địa bàn TPHCM vẫn còn rất nhiều trường hợp chủ đầu tư chiếm dụng quỹ bảo trì chung cư với số tiền lên đến hàng trăm tỉ đồng.

Chủ đầu tư nhiều chung cư vi phạm quỹ bảo trì bị bêu tên

CAO NGUYÊN |

Nhiều dự án chung cư trên địa bàn Hải Phòng, Đà Nẵng, Vũng Tàu đã vi phạm về quỹ bảo trì chung cư. Trong đó nhiều chủ đầu tư không đóng đầy đủ kinh phí bảo trì phần sở hữu chung nhà chung cư vào tài khoản đã lập theo quy định.

Gian nan đòi quỹ bảo trì

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Câu chuyện tranh chấp quỹ bảo trì vẫn luôn là vấn đề nóng và không dễ dàng xử lý vì rất nhiều chủ đầu tư cố tình không bàn giao.