The $90 Million Project Demands Condos: 16 Wrongly Issued Land Certificates Cannot Be Recovered

Despite the conclusion of the Inspectorate of Quang Nam province 2 years ago, which demanded the retrieval of 16 land use rights certificates that were issued incorrectly, the investor has yet to comply.

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Investors Demand Apartments at a VND 2,100 Billion Project in Hoi An

On August 28, numerous individuals gathered at The Pearl Hoi An – A Festa Hotel Resort to claim their rights to the property.

According to leaders from the Department of Natural Resources and Environment in Quang Nam Province, as of now, Tri Viet Hoi An JSC, the investor of The Pearl Hoi An – A Festa Hotel Resort, has yet to hand over 16 land-use right certificates as required by the inspection conclusion.

The department has issued three notices for the retrieval of the certificates in January, June, and September 2023, to no avail. Upon further investigation, it was discovered that the certificates are currently being mortgaged at a bank.

The Pearl Hoi An – A Festa Hotel Resort (now known as Citadines Pearl Hoi An) boasts a VND 2,100 billion investment.

Previously, on August 26, 2022, the Inspectorate of Quang Nam Province concluded its inspection of the management, investment, and business activities of The Pearl Hoi An – A Festa Hotel Resort, developed by Tri Viet Hoi An JSC.

The inspection revealed that a document dated March 29, 2012, and signed by Mr. Nguyen Ngoc Quang, then-Vice Chairman of the People’s Committee of Quang Nam Province (later became the Secretary of the Provincial Party Committee and has since retired), stated: “The Provincial People’s Committee agrees in principle that the company can continue to pay land rent annually for the land area used for tourism business and must pay land use levies once for the land area used for tourism real estate business according to the rate prescribed by the Provincial People’s Committee for the project.”

Tri Viet Hoi An JSC was responsible for determining the land area used for tourism real estate business and completing the necessary procedures and dossiers to be inspected and advised by relevant departments before submitting them to the Provincial People’s Committee for approval to collect land tax and land use fees in accordance with regulations.

Report No. 297 dated June 9, 2016, issued by the Department of Natural Resources and Environment and signed by Mr. Tran Thanh Ha, then-Deputy Director of the Department (later became the Director and has since retired), included recommendations to the Provincial People’s Committee that were not in accordance with legal provisions. Specifically, it stated: “… separate residential buildings in the form of detached villas and apartments; buyers of villas and apartments with attached land-use rights shall have stable long-term use.”

In Document No. 2680 dated June 14, 2016, issued by the Provincial People’s Committee and signed by Mr. Huynh Khanh Toan, then-Vice Chairman of the Provincial People’s Committee (now retired), it was agreed to “approve the proposal of the Department of Natural Resources and Environment as stated in Report No. 297 dated June 9, 2016.”

The Inspectorate of Quang Nam Province concluded that the Department of Natural Resources and Environment had advised the Provincial People’s Committee to issue 16 land-use right certificates to Tri Viet Hoi An JSC, with contents that did not comply with legal provisions.

  • Dozens Gather to Demand Apartments at a VND 2,100 Billion Project in Hoi AnREAD NOW

As a result, the Provincial People’s Committee of Quang Nam issued Decision No. 571/QD-UBND dated February 24, 2017, with contents that did not comply with land law provisions. They granted 16 land-use right and ownership certificates for houses and other land-attached assets to Tri Viet Hoi An JSC, covering a total area of 16,142.8 square meters. The contents of the 16 certificates were not in accordance with legal provisions, specifically: The land is classified as urban land, with a usage term until September 27, 2054; buyers of villas and apartments with attached land-use rights shall have stable long-term use.

The Inspectorate of Quang Nam Province requested the Department of Natural Resources and Environment to retrieve the 16 certificates for adjustment and to hold accountable those involved. Additionally, the inspection requested Tri Viet Hoi An JSC to pay taxes on the under-declared amount, totaling more than VND 4.7 billion…

As reported by NLD, on August 29, dozens of individuals gathered at The Pearl Hoi An – A Festa Hotel Resort to claim their rights. Some protesters displayed banners accusing Tri Viet Hoi An JSC, the project investor, of “deception” and “appropriation” of their apartments, demanding that the company fulfill their contractual obligations and hand over the apartments to the customers…

The Pearl Hoi An – A Festa Hotel Resort features a 364-room, 4-5 star hotel, four apartment buildings with 218 luxury apartments, and 12 luxury villas, spread across an area of over 87,800 square meters. The project officially commenced operations in 2019, with a total investment of VND 2,100 billion.

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