On October 30, Mr. Nguyen Toan Thang - Director of the Department of Agriculture and Environment of Ho Chi Minh City (DONRE) - chaired a meeting with Working Group 1645 - Working Group to resolve issues related to the issuance of Certificates of land use rights and ownership of assets attached to land (pink books) for commercial housing development projects.
The working group reviewed the case of apartment blocks 6, 7, 8 in complex high-rise areas in Tan Phu ward, District 7 (now Tan My ward), invested by Riviera Point Company Limited.
The investor's representative said that due to the planning adjustment, in 2020, the Department of Natural Resources and Environment of Ho Chi Minh City (old) requested to re-determine financial obligations, then the Economic Department replied that no financial obligations arose. Regarding infrastructure, the unit has handed over land to build a school, route No. 1 with a length of 500m has been completed and connected; of the 518 apartments, 128 are for sale to foreigners.
However, regarding financial obligations, a representative of the Land Management Department said that financial obligations must be re-determined according to the inspection conclusion.
Mr. Nguyen Toan Thang - Director of the Department of Natural Resources and Environment of Ho Chi Minh City - requested the Economic Department to work with the investor soon to clarify financial obligations and requested the investor to commit to completing infrastructure, building schools according to the plan... before considering granting certificates.
In the case of the high-rise apartment project No. 6-8 Nguyen Thien Thuat, Ward 24, Binh Thanh District (now Binh Thanh Ward), invested by Tecco Group Joint Stock Company, with a scale of 90 apartments. According to the report, the project has fulfilled its financial obligations, accepted the project, accepted fire prevention and fighting and put into use. A representative of the Department of Construction said that the project had been fined for violating construction order but the investor complied with the fine. The investor has also fulfilled its social housing obligations.
The working group agreed to immediately issue certificates to households. However, the authorities have retained the commercial part to re-determin the social housing obligations of the investor in the project.
The project was further dismantled as a low-rise housing area in Phuoc Long B ward, Thu Duc city (now Phuoc Long ward), invested by Construction Joint Stock Company No. 5. The project has 135 plots (of which 2 plots have been handed over to the State through exchanging public land, 1 apartment). 94 land use right certificates have been issued to investors. The remaining 39 plots have not yet issued land use right certificates to investors.
Now the investor has proposed to issue certificates to home buyers for 36 houses (including 28 houses with land use right certificates and 8 houses without land use right certificates). The investor's representative said that out of 36 apartments that have not been granted certificates, 8 apartments do not have land use right certificates. Therefore, the unit requested the Department of Agriculture and Rural Development to consider granting certificates for these apartments immediately.
Mr. Than The Hung - Deputy Director of the Ho Chi Minh City Land Registration Office - said that between the ward report and the investor, there were conflicts regarding the handover and non- handover of infrastructure, as well as the investor's responsibility in monitoring construction order.
Concluding on this case, Mr. Nguyen Toan Thang - Director of the Department of Agriculture and Rural Development, Head of the 1645 Working Group - requested the investor to clearly report on the handover of infrastructure, plans, problems, and handling time. The 1/500 adjustment needs to check for shortcomings, approve in accordance with regulations, the extension must comply with regulations, and handle violations of works must be guaranteed. All of the above contents must be processed before granting the certificate to the home buyer.