Illegal Housing Sales and Unauthorized Capital Mobilization
The Lam Dong Provincial Inspectorate has recently released its inspection findings regarding the Social Housing Project in Nam Gia Nghia Ward, Lam Dong (formerly Nghia Tan Ward, Gia Nghia, Dak Nong). The project is developed by ESG Vietland Company.
According to the Lam Dong Inspectorate, the project spans an area of 17,821.2 square meters. Initially, the land was designated for official residences, with Phat Global Mineral Construction Investment Joint Stock Company as the developer. However, the project was terminated in March 2017. In June 2017, the Dak Nong Provincial People’s Committee assigned Beton 6 Construction and Transportation Joint Stock Company (Beton 6) as the new developer, officially approving the investment policy on September 6, 2017.
Social Housing Project in Nam Gia Nghia Ward, Lam Dong, developed by ESG Vietland Company. Photo: Vu Long.
During its implementation, the project underwent four adjustments to its investment policy by the Dak Nong Provincial People’s Committee. These adjustments included changing the developer from Beton 6 to ESG Vietland (a wholly-owned subsidiary of Beton 6) and extending the project completion deadline to Q4/2022. Despite these extensions, the project continues to face delays.
By March 2025, the Dak Nong Inspectorate (now the Lam Dong Inspectorate) initiated an inspection and verification process for the project. The inspection revealed numerous serious violations, including illegal housing sales, unauthorized capital mobilization, and falsified documentation.
Specifically, out of 106 sales contracts, ESG Vietland conducted transactions with 99 buyers who had not yet been approved as eligible for social housing (violating the 2014 Housing Law). The total mobilized amount exceeded 96 billion VND.
The company also exceeded construction permits by adding 524.58 square meters of area and 4,720.05 square meters of floor space, altering the usage of the attic and first floor, and falsifying acceptance records worth nearly 96.3 billion VND. They used illegal VAT invoices issued by Dia Thien Thai Gia Lai Investment Joint Stock Company to legitimize disbursements.
Remarkably, the units were handed over to buyers despite the project not having been inspected or completed in terms of technical and social infrastructure—a severe violation of regulations on acceptance before use. Even after being fined, the developer ignored the penalties and failed to rectify the issues, despite being ordered to refund payments for illegally sold units.
Lax Oversight by Authorities
The Lam Dong Provincial Inspectorate’s findings also highlight lax oversight by authorities. Despite identifying at least five violations, the Chief Inspector of the Dak Nong Department of Construction only issued a penalty for one violation.
The Dak Nong Department of Construction explained that the other four violations were overlooked due to concerns that “high penalties would directly impact the project’s progress and cause difficulties for the developer.” The inspection conclusion asserts that this approach does not comply with legal provisions on administrative violation handling.
Additionally, responsible agencies failed to implement adequate inspection and supervision measures, allowing violations (such as unauthorized construction and illegal housing sales) to persist from 2022 to the present without timely intervention or resolution.
As a result, the Lam Dong Inspectorate has recommended transferring the case to the police for criminal investigation into two critical issues: the unauthorized mobilization of over 96 billion VND and the use of illegal invoices to falsify acceptance records. They have also urged tax and credit agencies to scrutinize and clarify violations related to tax declarations and refunds by involved companies.
Furthermore, the Lam Dong Inspectorate has proposed disciplinary action against several individuals from the Department of Construction, the Department of Planning and Investment (now the Department of Finance), and other relevant agencies for their negligence, which led to severe consequences and prolonged violations since 2022.
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