Compelling Condo Residents to Comply: A Necessary Evil or Unjust Act?

The Ho Chi Minh City Department of Construction has submitted a proposal to the Ho Chi Minh City People’s Committee, urging them to direct the Thu Duc City People’s Committee to urgently organize an enforcement of the handover of the Saigon Gateway apartment complex’s maintenance fund.

If any criminal indications are discovered, the case should be transferred to the Investigation Police Agency as per Clause 3, Article 154 of the current Law on Housing.

The Ho Chi Minh City Department of Construction also proposed that the People’s Committee direct the Department of Agriculture and Environment to promptly address the issue of granting ownership certificates (pink books) to residents. They should also review and respond to residents’ concerns regarding the issuance of certificates for a commercial and service land lot spanning over 5,000 square meters, which was granted in 2019.

Previously, Le Van Thanh, Vice Chairman of the Ho Chi Minh City People’s Committee, signed a document conveying the directions of Chairman of the Ho Chi Minh City People’s Committee, Mr. Nguyen Van Dang, regarding the handling of reflections and proposals from residents of Saigon Gateway apartment building.

After consideration, Chairman Nguyen Van Dang instructed the Director of the Department of Construction to promptly take charge, coordinate with the Department of Agriculture and Environment, the People’s Committee of Thu Duc City, and related units to inspect and review the residents’ reflections and proposals. Appropriate measures should be taken to resolve the matter definitively, in accordance with their authority and legal provisions.

Additionally, the resolution outcome should be made public to the residents, and a report on the implementation should be submitted to the Chairman of the Ho Chi Minh City People’s Committee within June 2025.

At a meeting held on June 4th to address obstacles in granting ownership certificates (pink books) for the Saigon Gateway apartment complex, the Ho Chi Minh City Department of Agriculture and Environment revealed that the project still has some issues that need clarification. These include determining social housing obligations, transferring the maintenance fund from the investor, resolving a lawsuit filed by a resident, and contributing to kindergarten construction costs.

Mr. Le Van Chinh, General Director of Hiep Phu Land, stated that regarding social housing obligations, the company has already paid 100% of the land use fee. The Ministry of Construction has also affirmed in a document that since the project was implemented before Decree 188 took effect, there is no mandatory requirement to allocate 20% of the land area for social housing.

Concerning the maintenance fund, Mr. Chinh committed that once the remaining 5% payment is collected from homebuyers during the pink book granting process, the company will hand over the full amount to the residents.

Mr. Nguyen Toan Thang instructed the Ho Chi Minh City Land Registration Office to re-examine the document from the Ministry of Construction regarding social housing obligations. If there are no obstacles, they should proceed with granting pink books to homebuyers.

Regarding the lawsuit filed by a resident, Mr. Thang stated that once there is a court decision, the relevant agencies will carry out the verdict without delay, ensuring it does not affect the granting of pink books to hundreds of other homebuyers. He also demanded that the investor commit to a timeline for handing over the maintenance fund to the Management Board as per legal regulations.