The Ultimate Guide to Navigating the Real Estate Maze: Unveiling the Truth Behind Off-Plan Property Purchases.

Homebuyers investing in land plots at the Thanh Ha - Cienco 5 urban area project in Hanoi are in a panic as they discover that the land plots they purchased years ago are not included in the approved planning.

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“Outrage” as buyers discover their land purchase is not in the approved plan

Dozens of land buyers at the Thanh Ha Urban Area – Cienco 5 project in Hanoi recently took to the streets, holding banners and slogans demanding their land back. They requested that the investor return the land in Zone B2.1 and Zone A3.1 of the Thanh Ha – Cienco 5 Urban Area and asked the authorities to investigate the investor for fraudulently selling land that does not exist and collecting almost 100% of the land value.

The Thanh Ha – Cienco 5 Urban Area project is located in Ha Dong District and Thanh Oai District, with a total planned area of over 400 hectares. The investor of this project is the Construction Corporation for Transport No. 5 JSC, and the enterprise in charge of project investment and construction is Cienco 5 Land Development Joint Stock Company. This project serves as a compensation for the BT road project in the southern axis of the former Ha Tay Province.

Buyers of land plots in Zone B2.1 of the Thanh Ha – Cienco 5 Urban Area discovered that the plots they purchased were not included in the approved plan.

In a conversation with the press, Mr. T. (Hanoi) – a buyer of a land plot in Zone B2.1 of the Thanh Ha – Cienco 5 Urban Area – expressed his frustration and accused the investor of selling land that is not in the approved plan to hundreds of customers.

According to Mr. T., Zone B2.1 of the Thanh Ha – Cienco 5 project was planned for villas, but the investor divided it into smaller plots and sold them to hundreds of buyers with specific plot numbers, locations, and areas. Some buyers purchased their plots as early as 2016, 2017, and 2018, while Mr. T.’s family bought their plot in 2020 for billions of VND through a deposit contract, and they have already paid 90% of the plot value.

“After many years of buying the land, we requested the investor to sign a sales contract at the beginning of 2024. However, the investor refused, stating that they are in the process of applying for a plan adjustment from villas to land plots. We urge the authorities to intervene and clarify the act of selling land that is not included in the project plan to protect the rights of the people,” said Mr. T.

Hundreds of other buyers of land plots in Zone B2.1 of the Thanh Ha – Cienco 5 Urban Area are in a similar situation to Mr. T.’s, as the investor has failed to provide sales contracts and hand over the land to them for many years.

Buyers of land plots in the Thanh Ha – Cienco 5 Urban Area gather with banners to demand their rights.

It is known that in July 2015, the People’s Committee of Hanoi issued Decision No. 3229 approving the adjustment of the detailed planning of the Thanh Ha – Cienco 5 Urban Area at a scale of 1/500. According to the approved plan, Zones B2.1 and A3.1 are not designated for land plots.

According to the reporter’s observation, there are nearly ten villas and land plots in Zone B2.1 that have been occupied for a long time, while most of the area is still deserted with overgrown grass, and some locals use it for growing vegetables and bananas.

“Push” for handling of constructions that violate the approved plan

The People’s Committee of Hanoi has directed relevant departments, branches, and districts to focus on implementing the project “Investment in construction of the southern axis road and BT counterpart projects.”

Accordingly, the People’s Committee of Hanoi assigned the Department of Natural Resources and Environment to inspect and review the entire process of land retrieval, compensation, site clearance, and land use fee calculation. Based on the approved plan for the land fund of the competent authority, the department will advise and report to the People’s Committee of Hanoi on adjusting the decision on land use fee calculation and urge the investor to pay additional land use fees (if any) to avoid state budget losses.

Some constructions in Zone B2.1 of the Thanh Ha – Cienco 5 Urban Area that violate the approved plan.

At the same time, the People’s Committee of Hanoi assigned the Department of Construction to coordinate with the Department of Planning and Architecture, the Department of Natural Resources and Environment, and the People’s Committees of Ha Dong and Thanh Oai districts to inspect, review, and resolve violations of construction order in the Thanh Ha A and Thanh Ha B Urban Areas. Based on this, they will propose the issuance of land use right certificates and ownership of houses and other assets attached to the land in accordance with regulations to ensure the legitimate rights and interests of the people. The units are requested to complete these tasks within May 2024.

Regarding the violations in the project, the People’s Committee of Hanoi previously informed that during the implementation process, the Thanh Ha Urban Area project had some items and works that violated construction regulations, such as construction without a license and construction that deviated from the approved plan. These violations include one 6-story building with a basement and a construction area of 500 square meters, ten adjacent houses, four villas, and one low-rise building, all located in Zones A3.1 and B2.1.

According to the reporter’s observation, up to now, many constructions that violate the construction order and deviate from the approved plan in the Thanh Ha Urban Area have not been handled and still exist.

In response to voters’ petitions regarding the fact that people who bought land in the Thanh Ha Urban Area have not been allowed to build houses for ten years, the People’s Committee of Hanoi replied that the city has directed at Notification No. 279 dated June 13, 2023: For the Thanh Ha A and Thanh Ha B Urban Areas, for items and works that do not violate construction regulations and planning, the Department of Construction will coordinate with the People’s Committee of Ha Dong District, the People’s Committee of Thanh Oai District, the investor, and the project enterprise to advise and report to the city to complete the necessary procedures to ensure the rights and interests of the people.

According to the People’s Committee of Hanoi, the existing difficulties and obstacles of the counterpart projects (Thanh Ha A, Thanh Ha B, and My Hung projects) in Ha Dong District and Thanh Oai District involve many sectors and fields, which have been directed by the city at Notification No. 279 dated June 13, 2023. The investor and the project enterprise urgently complete the adjustment of planning and investment policy in accordance with the notification.