Neglecting Urban Planning Leads to a Two-Decade Wait for Homeowners to Receive Their Property Papers

Ho Chi Minh City Real Estate Association (HoREA) has requested the local government to resolve issues related to granting pink book ownership certificates to homebuyers in commercial projects that were once planned for resettlement but were not repurchased by the city.

According to HoREA, there are approximately 17 commercial housing projects in the city facing obstacles due to outdated regulations, which mandate that developers allocate a portion of their land or housing units for resettlement purposes. In many cases, the city did not repurchase these units, forcing developers to sell them on the market. However, the buyers of these units have not received their pink books.

One of the main causes of this issue stems from Directive No. 07/2003/CT-UB dated April 21, 2003, issued by the Ho Chi Minh City People’s Committee, which required the allocation of 10% of land or 20% of housing units for resettlement. This regulation was later adjusted by Official Dispatch 7623/UBND-DT in 2005, allowing developers to sell the housing units if the local government did not repurchase them.

Subsequently, the developers of these commercial housing projects sold all their housing units and apartments, including the portion designated for resettlement, to customers. However, from 2005 until now, none of these customers have received their land use rights and ownership certificates (pink books), hindering their ability to exercise their rights as homeowners.

For instance, the Riva Park project at 504 Nguyen Tat Thanh, District 4, developed by Dia Oc Viet JSC, sold 150 apartments out of a total of 320 units in the project to customers. The land allocation decision included the sale of these 150 apartments to the People’s Committee of District 4 for resettlement purposes. However, the district confirmed that they had no demand to purchase them.

Similarly, 200 apartments in the Tien Hung Housing Area project (Ehome3, Binh Tan District) and 244 apartments in the Phuong Viet Apartment Building project (District 8) have fulfilled their financial obligations, are no longer bound by resettlement obligations, and meet the conditions for granting pink books to residents.

In another example, the Duong Hong Residential Area was allocated land by the Ho Chi Minh City People’s Committee through Decision No. 6541/2004. The developer, Duong Hong Company, promptly fulfilled its financial obligations to the state and completed 100% of the infrastructure. To date, the developer has handed over pink books to 229 households, representing 90% of the project.

However, after 20 years of infrastructure investment and business operations, the developer has sold all the housing units in the project to customers but has been unable to obtain pink books for approximately 10% of the housing units, totaling 25 homes. This has led to complaints and lawsuits from customers, damaging the developer’s reputation.

HoREA referenced Announcement No. 77/TB-VP dated January 25, 2024, from the Office of the Ho Chi Minh City People’s Committee, which outlined criteria for classifying and handling problematic projects, including land origin, legal basis for resettlement obligations, developer incentives, and financial obligations. It also considered the current demand for resettlement.

Based on these criteria, the Ho Chi Minh City People’s Committee is fully capable of directing the immediate granting of pink books to homebuyers in commercial projects who purchased units intended for resettlement. This applies to projects with complete legal documentation, land sourced from agreements or auctions, and full financial obligations to the state.

Therefore, HoREA has proposed that the Ho Chi Minh City People’s Committee consider directing relevant departments to immediately grant pink books to eligible projects instead of waiting for a comprehensive proposal. This will protect the legitimate rights of homebuyers and contribute to the recovery of the real estate market.