Struggling to wait for the red book
Over the past 10 years, more than 1,200 households who bought land in Le Hong Phong 2 Urban Area of Ha Quang Real Estate Joint Stock Company (Ha Quang Land) expressed their wish to soon have administrative procedures related to land resolved, including being granted red books.
For example, Mr. Nguyen Tam (born in 1960, residing in Phuoc Hai ward) bought land to build a house in 2015. One year after signing the sales contract with the investor, Mr. Nguyen Tam built a house and has lived there stably ever since.
During his stay, Mr. Nguyen Tam wished that the investor would soon carry out the procedures to issue a land use right certificate (red book). However, for various reasons, the investor has not done so for nearly 10 years.
In the Le Hong Phong 2 urban area, there are many elderly people like Mr. Nguyen Tam. They all share the same desire to have their real estate - assets soon have red books to facilitate the process of transactions, transfers, and implementation of inheritance rights.
Such is the case of Mr. Tran Huu Thuan (73 years old) on 5E Street in Le Hong Phong 2 Urban Area, who built a house from 2017 to present. Through the media, Mr. Thuan learned that the investor and the local government have not yet agreed on the land price of the Le Hong Phong 2 Urban Area project. From there, one side brought the case to court for consideration and arbitration.
“As for the people, we hope the court will soon issue a verdict. Furthermore, both the investor and the local government need to soon find a common voice to resolve the matter once and for all,” said Mr. Tran Huu Thuan.
Land price approval issue is complicated.
Regarding the people's desire to have red books soon, Ha Quang Land representative said that they also have the same expectation as the people. Even the delay in issuing red books has affected the investor's reputation and finances because they have advanced some money to the state. They have paid compensation of about 200 billion VND, and temporary land use fee of 150 billion VND from 2010 to present.
To be granted a red book, the project must have its land price approved. Therefore, the investor wants the project's land price to be approved in accordance with regulations; in accordance with the formation and development process of the project (the first land allocation was in 2004, compensation and site clearance payments were made from 2010-2014).
In fact, the Le Hong Phong 2 Urban Area project has land prices in 2024. The Khanh Hoa Provincial Tax Department has notified the project owner to pay more than VND 1,242 billion for the use of nearly 18.95 hectares of land. However, Ha Quang Land disagreed with the determination of land prices before the figure of VND 1,242 billion was reached. From there, this enterprise decided to file a lawsuit in court, requesting the cancellation of 4 administrative decisions of Khanh Hoa province.
After accepting the lawsuit, Khanh Hoa Provincial People's Court decided to apply emergency measures, temporarily suspending the implementation of the decision on approving specific land prices to calculate land use fees at the Le Hong Phong 2 new urban area project.
Regarding the administrative lawsuit of Ha Quang Land, Mr. Nguyen Thanh Ha - Chief of Office and Spokesperson of Khanh Hoa Provincial People's Committee - stated his opinion: Regarding the case of enterprises suing administrative decisions, the sectors have advised Khanh Hoa province in the direction of implementing in accordance with regulations. If enterprises find it unreasonable, they can file a lawsuit in court.
"This is a court decision. The spirit of the court is that whether the side is right or wrong, we must comply with the court's decision" - Mr. Nguyen Thanh Ha said.
