Regarding violations of regulations on submitting dossiers for the issuance of land use right certificates and home ownership certificates (red books), the Ministry of Construction has proposed penalties in the draft Decree on administrative sanctions in the construction sector. The proposal suggests that investors who fail to submit dossiers for the issuance of certificates to homebuyers or lease-purchasers will face fines based on the duration and scale of the violation.
Specifically, for violations lasting 50 days to 6 months, fines range from VND 30-50 million for projects under 50 apartments or individual houses; VND 50-80 million for 50 to under 200 units; and VND 80-160 million for 200 units or more.
 The Ministry of Construction proposes fines of up to VND 1 billion for investors failing to submit dossiers for red books. Photo: Hồng Khanh |
For violations lasting 6-12 months, proposed fines are VND 160-200 million for under 50 units; VND 200-300 million for 50 to under 200 units; and VND 300-500 million for 200 units or more.
For violations lasting 12 months or more, fines range from VND 200-300 million for under 50 units; VND 300-500 million for 50 to under 200 units; and VND 500 million to 1 billion for 200 units or more.
The violation period is calculated from the date the investor hands over the apartment or individual house to the buyer, or from the date the lease-purchaser completes payment as agreed, until the violation report is filed. If the investor rectifies the violation after the deadline, the period is calculated until the rectification date.
The remedial measure requires the submission of dossiers for the issuance of certificates as per regulations.
In practice, disputes between investors and residents persist in many apartment buildings in Hanoi and Ho Chi Minh City. One cause stems from investors failing to fulfill their responsibility of obtaining red books for residents, with many projects experiencing delays in dossier submission.
Currently, such violations are regulated under point k, clause 3, Article 58 of Decree 16, with penalties under land law.
However, the Ministry of Construction notes that clause 3, Article 17 of the Law on Real Estate Business mandates that within 50 days from handing over the house to the buyer or from the lease-purchaser’s full payment, investors must submit dossiers for red book issuance, unless the buyer or lease-purchaser submits them. Based on this, the ministry has added this behavior to the draft.
Hồng Khanh
– 13:13 05/11/2025
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