The Battle for Home: Unraveling the Dispute Plaguing Ho Chi Minh City’s Condo Complexes

163 Residential Buildings in Ho Chi Minh City Have Not Handed Over Maintenance Funds

The Department of Construction has reported to the People’s Committee of Ho Chi Minh City about complaints and lawsuits related to residential buildings in the area. Accordingly, Ho Chi Minh City has 413 apartment buildings that have handed over maintenance funds, while 163 have not.

Among the districts, Thu Duc City has the highest number with 61 buildings, District 8 and District 10 each have 5, District 6 and Tan Phu each have 8, Binh Thanh has 7, and Binh Tan has 6 apartment buildings that have not handed over maintenance funds.

Regarding disputes, complaints, and reflections arising in condominium buildings, the Ho Chi Minh City Department of Construction divides them into two groups.

Group 1 comprises cases where the investor violates criminal law and has been prosecuted and investigated; there are documents from state agencies requesting the public security agency to consider and handle the handover of maintenance funds; or the investor has passed away.

For this group, the Department of Construction proposes that the People’s Committee of Ho Chi Minh City direct the public security agency to promptly provide verification and handling results. The Department of Finance should provide guidance on changing the legal representative of the enterprise in case the investor is arrested, serving a prison sentence, or has passed away, to continue fulfilling the obligations and responsibilities of the investor.

Meanwhile, the Department of Justice should guide the procedure, authority, and process for verifying and enforcing the auction of apartment or land areas or other assets of equivalent value to recover maintenance funds.

Group 2 consists of complaints, disputes, and reflections related to management, operation, and use of condominium buildings, such as delays in issuing certificates for residents; delays or failure to hand over maintenance funds for common ownership of condominium buildings; and mismanagement or misuse of maintenance funds for common ownership, contrary to regulations.

According to the Ho Chi Minh City Department of Construction, the emergence of these disputes, complaints, and reflections is due to some investors delaying or failing to organize the first condominium conference to elect the Management Board. In some cases, the conference was organized, but the number of owners and condominium users in attendance was not sufficient according to regulations, and there was no written request for the Ward People’s Committee to organize it, or the conference was held but no one nominated or seconded candidates for the Management Board.

Another reason is the failure to hand over complete condominium documents and maintenance funds for the common ownership of the condominium building to the Management Board, making it difficult to inspect, maintain, and repair the work.

When disputes and complaints arise in the management and use of condominium buildings, they are resolved by the investor, the Condominium Management Board, the management and operation unit, and the owners in a less-than-positive direction, leading to prolonged disputes and complaints, with petitions sent to multiple places and levels.

The Department of Construction proposes that the People’s Committee of Ho Chi Minh City direct the Department of Agriculture and Environment to coordinate with departments, branches, and investors to urgently issue land use rights certificates. Administrative units should also enhance the effectiveness of condominium management.

Consider auctioning 5,000 square meters of land

Regarding the handling of petitions from residents of Saigon Gateway Condominium (Thu Duc City), the Ho Chi Minh City Department of Construction stated that the People’s Committee of Ho Chi Minh City has Document No. 4322/VP-DT, assigning the Chairman of the People’s Committee of Thu Duc City to urgently inspect and organize the enforcement of the handover of maintenance funds for the project according to its authority and in accordance with the law. In case there is a violation of the law, the case shall be promptly transferred to the competent authority for handling according to regulations.

In addition, the People’s Committee of Thu Duc City has requested the Ho Chi Minh City Public Security, and the Department of Agriculture and Environment of 63 provinces and cities to support the verification of assets of Hiep Phu Land Company to have a basis for enforcing the auction of assets according to Clause 2, Article 91 of the Government’s Decree No. 95/2024/ND-CP dated July 24, 2024. After the asset verification results are available, the People’s Committee of Thu Duc City will have a basis to proceed with the auction of assets according to regulations.

The Department of Construction proposes that the People’s Committee of Ho Chi Minh City assign the People’s Committee of Thu Duc City to coordinate with the Department of Agriculture and Environment to consider auctioning the commercial service land area of 5,000 square meters according to the land use right certificate No. CT77766 granted to Hiep Phu Land Company in 2019.

Regarding the direction of the People’s Committee of Ho Chi Minh City for the Department of Agriculture and Environment to resolve the granting of land use rights certificates to residents of Saigon Gateway Condominium, the Department has organized a meeting and agreed to resolve the granting of 933 certificates to residents.

Previously, on June 13, the People’s Committee of Ho Chi Minh City directed the People’s Committee of Thu Duc City and the Department of Agriculture and Environment to urgently enforce the handover of maintenance funds and grant land use rights certificates to residents of Saigon Gateway Condominium and report the results to the Chairman of the People’s Committee of Ho Chi Minh City.