Resolving Issues for 8 Projects

On May 15, Director of Ho Chi Minh City’s Department of Agriculture and Environment, Nguyen Toan Thang, who is also the head of Task Force 5013, chaired a meeting to expedite the issuance of land-use rights and asset ownership certificates (“pink books”) for commercial housing projects in the city.

The projects discussed at the meeting included the social housing project in Phu Huu Ward, Thu Duc City, invested by Nam Phan Investment Joint Stock Company; and the Khang An residential area in Phu Huu Ward, Thu Duc City, invested by Khang An Real Estate Investment Joint Stock Company.

The Ha Do Centrosa complex – Block B1 overlaps with 12 households, covering an area of about 62 square meters, hence the delay in issuing pink books.

Other projects under consideration were the Residential Area No. 1 in Thanh My Loi Ward, Thu Duc City, invested by Ocean Entertainment and Construction Investment Joint Stock Company and Thu Duc City Public Service One-Member Limited Company; the construction project for sale in Cat Lai Ward, Thu Duc City, between transferor INVESCO and transferee Phu Gia Joint Stock Company; the Binh Hung – Van Lang residential area in Binh Hung, Binh Chanh District, invested by Van Lang Construction and Trading Housing Company Limited; and the C1 and C2 apartments and 36 linked houses in the Go Sao residential area, No. 9A, Thanh Xuan Ward, District 12, invested by Gia Cu One-Member Limited Company.

Additionally, the Ha Do Centrosa complex – Block B1, located at 200 3/2 Street, Ward 12, District 10, invested by Ha Do-756 Saigon Joint Stock Company; and the Tan Phu IDICO high-rise apartment area in Hoa Thanh Ward, Tan Phu District, invested by the IDICO Corporation, were also discussed.

Dialogue for Each Project

During the meeting, each project was carefully analyzed by Task Force 5013 and the investors to identify and address challenges in issuing pink books as soon as possible.

Specifically, the Ha Do Centrosa complex consists of 115 low-rise units (113 of which have received pink books), 28 commercial and service units (not yet issued), and 2,287 apartments across three lots: 1A1, 1A2, and 1B, with Lot 1B comprising 510 apartments.

The Go Sao residential area (commercially known as PiCity) is also being unblocked.

Previously, on July 20, 2021, the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) conducted a field investigation and issued Document No. 5365/STNMT-QLD, stating that “the actual western boundary of Lot B1 does not match the land boundary specified in the land-use right certificate No. CT69073 as several households still manage and use the land…”. This was the reason for the Department of Agriculture and Environment’s reluctance to approve the issuance of pink books for the 510 apartments in Lot 1B.

However, in a report to the Ho Chi Minh City Land Registration Office, Ha Do-756 Saigon Joint Stock Company’s General Director, Nguyen Trong Hieu, affirmed that upon inspection, the boundary of the 1B apartment complex overlapped with 12 households, covering an area of about 62 square meters. This overlapping area falls within the project’s boundary as specified in the company’s certificate and is not recognized in the certificates of the adjacent 12 households.

Director Nguyen Toan Thang of the Department of Agriculture and Environment requested that the investor provide minutes of the meeting between the company and the aforementioned 12 households to find a resolution. However, Ha Do-756 Saigon Joint Stock Company was unable to provide the requested documentation.

On this matter, a representative of the Ho Chi Minh City Land Registration Office stated that over a year ago, the office had asked the enterprise to negotiate with the affected households to reach a mutual understanding. Only then could a definitive solution be found, providing a basis for issuing pink books to the 510 apartments in Lot 1B.

Mr. Thang urged Ha Do-756 Saigon Joint Stock Company to promptly organize a meeting with the households, preventing any further delays in issuing pink books to hundreds of homebuyers.

Regarding the Residential Area No. 1 project in Thanh My Loi Ward, Thu Duc City, invested by Thu Duc City Public Service One-Member Limited Company, with a land area of 340,708 square meters as per Decision No. 604/QD-UB dated February 11, 2003, the project comprises 1,208 land plots, four high-rise apartments, etc.

Mr. Than The Hung, Deputy Director of the Ho Chi Minh City Land Registration Office, speaks at the meeting. Photo: T.G.

After transferring 629 land plots to the Management Board of Investment and Construction of Thu Thiem New Urban Area as a resettlement fund, the remaining plots were cooperatively developed by the investor with several enterprises, including 78 plots with Ocean Entertainment and Construction Investment Joint Stock Company and 34 plots already registered under the company’s name. The remaining plots are in the process of being submitted.

According to the Ho Chi Minh City Land Registration Office, the investor and their partners signed a business cooperation contract in 2003, but it wasn’t until 2018 that they proceeded with the land-use rights transfer agreement. This delay complicated the issuance of certificates because, by 2018, enterprises were required to complete the construction of houses before transferring ownership.

The Ho Chi Minh City Land Registration Office requested that the Land Management Division provide guidance on whether the “contract conclusion” between the investor and their partners constituted a transfer of land-use rights or a partial project transfer. Most of the land plots, after being acquired through the transfer, were then transferred by the enterprises to third parties, and many houses have been built and occupied, but the pink books remain pending.

Mr. Than The Hung, Deputy Director of the Ho Chi Minh City Land Registration Office, opined that as Thu Duc City Public Service One-Member Limited Company is a 100% state-owned enterprise, its cooperation with external enterprises needs to be reviewed in light of relevant documents. Moreover, given the project’s objective of resettlement, its implementation must be carefully examined… All these issues must be thoroughly considered before issuing pink books to homebuyers.

Concluding the meeting, Mr. Nguyen Toan Thang urged investors and related units to promptly finalize the necessary paperwork and resolve legal issues to expedite the issuance of pink books to homebuyers.

Duy Quang

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