Handed over many years without red book
In recent days, many owners of adjacent houses in the Sunny Garden City urban area have reported that the investor, CEO Group Joint Stock Company (CEO Group), is slow in fulfilling its obligations and procedures for granting land use right certificates (red books) for 72 adjacent houses.
The homeowners reflected that, according to the provisions of Clause 9.1, Article 9 of the Sales Contract between the investor and the transferee customers, the Seller is responsible for carrying out the procedures to request the issuance of a red book to the Buyer within 90 days after the Buyer has received the house and fully performed the obligations under the Contract (including payment and related obligations).
"Since the handover of the townhouses in 2019, the project investor has not fulfilled its responsibilities and obligations to customers. Although residents have reported this content and requested the group to fulfill its obligations under the contract and legal regulations, however, CEO Group always cites unreasonable reasons to delay the deadline" - Mr. Viet Anh, the owner of a house that has not been granted a red book, petitioned.
Sharing with Lao Dong Newspaper reporter, Mr. Viet Anh added that not being granted a red book makes it difficult for people to use and manage their assets, affecting their legal rights.
Meanwhile, Mr. Truong Giang - a resident here also said that his family had paid 100% of the contract value since 2019 but still did not have a red book.
Investors keep missing deadlines
According to Lao Dong's investigation, the contract for the sale of the townhouse here states: "The procedures, documents and time for granting the Certificate to the Buyer are under the decision of the competent state agency".
But the strange thing is that for many years, CEO Group has continuously set deadlines for completing the issuance of red books and then missed them. This has caused much frustration for residents.
As early as October 2021, in a document sent to residents, CEO Group said that the issuance of red books was affected for a number of objective reasons such as: The main North-South axis road project of Quoc Oai Urban Area running through the planning adjustment project reduced the project area and the complicated developments of the COVID-19 pandemic. At that time, CEO Group expected to proceed with the procedures to apply for red books in the second quarter of 2022.
By May 2023, CEO Group said that it is expected that by the end of the fourth quarter of 2023, it will complete the procedures for adjusting land allocation and handing over the project's boundary; conducting a general legal assessment of the project to apply for red books for customers. And by the end of the first quarter of 2024, the group will complete the issuance of red books.
But then, things did not go according to plan. In March 2024, CEO Group continued to issue an official dispatch stating that "in the actual process, additional related procedures arose, so the implementation progress was slower than expected."
The group continued to announce that by the end of July 2024 at the latest, it will complete land allocation adjustment procedures.
However, on July 30, 2024, Mr. Ta Van To - Deputy General Director of CEO Group - said that "the implementation progress is slower than expected", the appraisal reports and land allocation adjustment documents are expected to be submitted to the Hanoi People's Committee before August 10, 2024.
Speaking to Lao Dong Newspaper, Mr. Thanh Cong - a townhouse owner in the Sunny Garden City urban area - said that up to now, there has been no new move from the investor in issuing red books. Residents have also not seen any notice from the investor to collect documents to issue red books.
Was named by inspector
In June 2023, the Department of Natural Resources and Environment of Hanoi issued an Inspection Conclusion on compliance with land laws for CEO Group using land to implement the New Urban Area Project at lot N1+N3, belonging to Quoc Oai Urban Area in Sai Son commune, Quoc Oai district, Hanoi.
In this conclusion, the authorities pointed out: "Planning block CX-1 has an area of 9,384m2 of land (for flower garden), according to the approved planning and project, there is a 1-storey sports facility, construction area of 492m2: The investor has built a project including: 2-storey house with an area of about 500m2 used as the office of the Project Management Board and a part used as a restaurant, a swimming pool with an area of about 300m2, a sports field (soccer, tennis) with an area of about 2,000m2, the remaining area is the yard, paths and landscape trees.
Thus, the investor has constructed the project in accordance with the area and scale of the approved planning and investment project, and must handle violations of construction order according to regulations.
In this conclusion, the Hanoi Department of Natural Resources and Environment also recommended that the Department of Planning and Investment inspect and urge CEO Group to promptly complete the project at the planning blocks of kindergartens, primary schools, etc. In case the project continues to be implemented slowly or not implemented, the Department of Planning and Investment shall report to the City People's Committee for consideration and termination of the project.
*Character names have been changed upon request.
