Spending billions to buy land, for nearly 10 years, many customers at Dai Thanh project (Thanh Tri, Hanoi) are ‘stuck’ on land without red book, not built …
Investors selling real estate are not legal enough
Thanh Tri District People’s Committee has just issued 8 enforcement decisions forcing the implementation of remedial measures at the Dai Thanh mixed-function project (Dai Thanh project).
Coercive decisions of Thanh Tri District People’s Committee clearly state the reason that there have been administrative violations in the field of land; Voluntary conversion of non-agricultural land other than residential land to residential land without permission of a competent state authority.
Mr. Pham Van Trung – a case with a enforcement decision, said that this is a temporary work his family built on the land that the Dai Thanh project bought in 2014 but has not been granted a land use right certificate. (red book), not built, not imported, not recorded as “resident” …
Temporary houses built at Dai Thanh project were forced to demolish
“The project has been publicly sold on the exchange since 2012. The adjacent umbrella I bought has a contract, full invoices from 2014 for more than 2 billion VND. After that, the new client fell back to the project with incomplete legal procedures. Up to now, it has been nearly 10 years that customers have not been able to be “owners” on purchased land. I made a temporary house for living because waiting for construction for too long, so far the government has made a decision to restrict demolition while the investor of the project has not been seen, ”Mr. Trung said urgently.
“To be able to buy land here, the maternal family, the paternal side had to accumulate money to borrow money, for the end of 2019, some of our families were forced to build temporary corrugated iron houses for residence. Then Thanh Tri district made a decision to enforce 8 houses and others in the next time while the investor did not make any move ”, a customer shared.
Recognized at Dai Thanh project in the adjoining house, many plots were solidly built and inhabited, but all were in a state of no red numbers. Customers said there were about 250 adjacent houses, 30 temporary houses built on a total of 500 lots. Last time, the People’s Committee of Thanh Tri district forced eight cases of building temporary houses here.
As per your investigation PV VietNamNet, in the Profile of the sale and purchase contract of adjacent houses in Dai Thanh project, the seller is the No.1 private construction enterprise in Dien Bien province, signed by Mr. Le Thanh Than as the Representative Director.
In the terms of house delivery, the contract also states: Except for cases where the customer builds crude, the enterprise will hand over the crude house to the customer after 18 months from the date of signing the contract.
By 2016, the Government Inspector concluded No. 2386 / KL-TTCP clearly stated: “According to the law, the Dai Thanh project continues to carry out the following procedures: approving housing projects, moving land use purposes, land allocation decisions, on-site land hand-over and ground clearance, especially the fulfillment of financial obligations to the State. The above conditions, by the time of the investor inspection, have not been completed. Although the procedures have not been completed as prescribed, the enterprise is still implementing the project. At the time of inspection, the project has completed 6 apartment blocks, adjacent apartments, villas and have been sold out to buyers. Thus, the parties involved in the project (Dai Thanh Joint Stock Company, Hai Phat Joint Stock Company and No. 1 Private Construction Enterprise of Dien Bien Province) violated the provisions of the Investment Law, Construction Law, Land Law. band…
After many years, through 9 dialogues, but petitions about shortcomings and recommendations of customers related to a series of mistakes at Dai Thanh project are still deadlocked.
In May 2019, the People’s Committee of Thanh Tri district issued a document 1030 / UBND-QLĐT, saying: “Due to the inadequate legal basis of the project’s procedures as prescribed by law, the households are not eligible to issue red books. This leads to inadequate construction conditions according to the approved planning ”.
“From the investor’s mistakes, the government’s lax of management, now land buyers like us are” crying halfway “. Having spent billions to buy land without a place to live, we have to rent a house, have to pay debts, rent, and our children cannot study at the right level … ”- said the customer.
The investor said he could not promise
On April 5, the representative of the No.1 private construction enterprise in Dien Bien province and the representative of the people who bought the land of Dai Thanh project had a meeting related to many issues at the project.
Speaking at the meeting, Mr. Do Trung Kien, Deputy Director of Construction Private Enterprise No. 1 in Dien Bien Province, said that the information that the project ghost and voluntarily convert to non-agricultural land is not correct, no. are grounded.
During the meeting, residents asked businesses to answer all questions about when to build a permanent house under a contract to live ?; Time of the right to be granted a land use right certificate ?; Synchronous infrastructure completion time ?; Ask the investor to compensate the buyer for the temporary house demolition ?.
Some people who were coerced were very frustrated and asked businesses to compensate for their demolition and provide clarity on when to build a house, when to have a red book and when to build infrastructure.
“Enterprises must have a clear time when they can build a house, when will they have a red cover, when will their infrastructure be finished? Request that business come to meet each destroyed household to compensate,” said a customer.
The resident representative also requested to compensate for the house rent of 5 million VND / month for the households who have not yet built a house until the legal issue is resolved. Request the investor to provide documents proving that the residential land purchased is urban residential land, not non-agricultural land as decided by the District People’s Committee.
Meanwhile, business representatives answered, not promising to build, time to make red books.
Dai Thanh project (Ta Thanh Oai commune, Thanh Tri district, Hanoi) is invested by Private Construction Enterprise No. 1 in Dien Bien province as an investor.
The project has a scale of 17ha, including adjacent houses, villas and 6 high-rise buildings, the rest are gardens, trees, kindergartens and other public areas. Currently, the high-rise buildings at the project have been completed and put into operation.
Recently, CQĐT, Hanoi Police has proposed to prosecute Mr. Le Thanh Than (Chairman and CEO of Bemes Company, Chairman of Muong Thanh Group) for deceiving customers.
At CQĐT, 488 customers who bought 488 apartments were not issued with information red books, when they signed the apartment sale and purchase contracts, they did not know that the apartments at CT6 Kien Hung project built wrongly planned, because they trusted Mr. Than. built according to the approved design.
Customers request the competent authority to issue the red book and handle the investor. If they cannot issue the red book, they request the investor (Bemes Company) to pay back the house purchase.
Conclusion of the investigation stated, Mr. Le Thanh Than admitted the violation. Mr. Than Khai, due to his haste in grasping business opportunities, has not yet completed the administrative procedures to submit to competent authorities to adjust the 1/500 detailed construction planning of the project.
On July 31, 2019, Mr. Le Thanh Than made a request to overcome the consequences of the case according to 3 options.
During the investigation, Mr. Than chooses the remedial plan to negotiate with home buyers at CT6 Kien Hung to buy the house or pay back the house, then demolish CT6 Kien Hung house, but until the time comes In July 2020, Bemes Company recently negotiated with more than a dozen households agreeing to return their homes.
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