On December 14, the Department of Construction announced that the Inspectorate of this Department had concluded an inspection on the implementation of regulations on management and use of the Scenia Bay Residence apartment building at 25-26 Pham Van Dong (Vinh Hai ward, Nha Trang city) invested by Nha Trang Bay Joint Stock Company.
Touching something is wrong
Scenia Bay Residence apartment is located on the coast of Nha Trang city, has a beautiful location and very high value compared to other apartments operating in the area. This is a mixed project, in front is a 5-star hotel, behind is an apartment.
After the investor sold the apartment to customers from 2029, this place became a hot spot for conflicts of interest between the parties. These contents were reflected by Lao Dong in the article: "Residents complained about buying water at too high a price, the investor in Nha Trang immediately cut off the water".
Up to now, the Construction Department Inspectorate has discovered that after signing the apartment sale contract with a foreigner, the investor did not immediately notify the Department of the address of the sold house on the same day.
Scenia Bay Residence apartment building was put into operation in 2019 and handed over 50% of the apartments in early 2020. However, it was not until April 2022 that the investor held the first apartment building conference, exceeding the prescribed deadline.
In July 2022, the Scenia Bay Residence Management Board requested the investor to hand over the apartment building documents. However, it took 4 months for Nha Trang Bay Joint Stock Company to hand over. The handover of more than 20 days is not in accordance with regulations.
The Management Board also did not have a document requesting the Nha Trang City People's Committee to request the investor to hand over the apartment building documents after 20 days.
Nha Trang Bay Joint Stock Company and the Management Board have made a record of the inventory and determined the areas and equipment under common ownership of the apartment building, but some items and equipment are missing, and have not yet made a record of the current status...
Regarding maintenance funds, Nha Trang Bay Joint Stock Company opened a payment account but did not clearly state the account name, which is not in accordance with regulations; did not clearly state in the sales contract information about the maintenance fund account...
According to data from Vietinbank Khanh Hoa Branch as of August 2024, the maintenance cost for common property is more than 40 billion VND.
The investor and the Management Board have not yet prepared documents for the maintenance fund settlement as a basis for handing over the maintenance fund; the maintenance fund and interest on the maintenance fund deposit have not been handed over to the Management Board.
Proposal to punish investors for series of shortcomings
The Construction Department Inspectorate will recommend that the Department's leaders submit to the Chairman of Khanh Hoa Provincial People's Committee to impose administrative penalties on construction violations against Nha Trang Bay Joint Stock Company.
Particularly for the act of not handing over maintenance funds and interest rates on deposits for maintenance funds for common property to the Management Board, the Department of Construction will continue to impose penalties on the investor if after completing the procedures for settling the maintenance funds for common property of the apartment building...
In addition, the Inspectorate of the Department of Construction recommended that Vinh Hai Ward and Nha Trang City carry out tasks such as counting equipment, determining the actual common ownership of the apartment building; implementing the content of disputes over the handover of maintenance funds for common ownership, organizing enforcement to recover maintenance funds; and imposing administrative penalties on investors if they complete the settlement of data without handing over maintenance funds to the Management Board.
