Unlocking Pink Books: A Dialogue-Driven Approach to Resolving Issues for 8 Projects in Ho Chi Minh City

Clearing Obstacles for 8 Real Estate Projects

On May 15, the Director of the Department of Agriculture and Environment of Ho Chi Minh City, Nguyen Toan Thang (Head of Task Force 5013), chaired a meeting to expedite the issuance of land use rights and ownership certificates (pink books) for commercial housing projects in the area.

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

Other projects considered were the Residential Area No. 1 in Thanh My Loi Ward, Thu Duc City, invested by Ocean Investment and Construction Joint Stock Company and Thu Duc City Public Service One-Member Limited Liability Company; a construction project for sale in Cat Lai Ward, Thu Duc City, between transferor Ho Chi Minh City Investment and Service Joint Stock Company (INVESCO) and transferee Phu Gia Joint Stock Company.

Binh Hung – Van Lang residential area in Binh Hung, Binh Chanh District, invested by Van Lang Housing Construction and Trading Limited Liability Company; and C1 and C2 apartments and 36 adjacent houses in the Go Sao residential area, No. 9A, Thanh Xuan Ward, District 12, invested by Gia Cu Investment Development One-Member Limited Liability Company.

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 Tan Phu IDICO high-rise apartment building in Hoa Thanh Ward, Tan Phu District, invested by IDICO Corporation.

Project-by-Project Dialogue

During the meeting, each project was scrutinized 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 comprises 115 low-rise units (113 of which have received pink books), 28 commercial service units (not yet issued), and 2,287 apartments in 3 lots: 1A1, 1A2, and 1B, with Lot 1B consisting of 510 apartments.

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 use right certificate No. CT69073 as some households still manage and use this land…”. This was the reason for the Department’s delay in approving 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, confirmed 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 boundaries as per the land use right certificate issued to the company and is not recognized in the certificates of the adjacent 12 households.

Therefore, Director Nguyen Toan Thang requested the investor to provide minutes of the meeting between the company and the aforementioned 12 households to find a solution, but Ha Do-756 Saigon Joint Stock Company could not provide them.

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 work with the people to find common ground and then find a way to resolve the boundary overlap issue decisively. Only then would there be a basis for issuing pink books for the 510 apartments in Lot 1B.

Mr. Thang urged Ha Do-756 Saigon Joint Stock Company to meet with the households soon to avoid affecting the issuance of pink books for hundreds of homebuyers in the project.

Regarding the Residential Area No. 1 project in Thanh My Loi, Thu Duc City, invested by Thu Duc City Public Service One-Member Limited Liability Company, with an area of 340,708 square meters according to Decision 604/QD-UB dated February 11, 2003, and a scale of 1,208 land plots, 4 high-rise apartments…

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 cooperated with several enterprises, including 78 plots with Ocean Joint Stock Company and 34 plots already registered under Ocean’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 right transfer contract. This delay complicated the issuance of certificates because, by 2018, enterprises had to complete the construction of houses before transferring them.

The Ho Chi Minh City Land Registration Office requested the Land Management Department to provide an opinion on whether the “contract conclusion” between the investor and their partners was a transfer of land use rights or a transfer of part of the project. Most of the land plots, after being transferred, were then transferred by the enterprises to third parties, and many people have built houses on them, but they are still awaiting their pink books.

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