Apartment residents are waiting endlessly for their land ownership certificates.

Tien Dong June 2, 2023 11:11

(Baonghean.vn) - Despite being completed, even handed over and occupied by residents, many apartment projects in Nghe An province, mainly in Vinh City, have still not been able to hand over the Certificate of Land Use Rights and Ownership of Housing (commonly known as the "red book") to residents.

Frustrated because they haven't received their land ownership certificate yet.

At the end of April, residents of the Bao Son apartment building located on Le Loi Street, Hung Binh Ward (Vinh City) simultaneously protested.People are holding banners demanding that the developer hand over the land ownership certificates.This is considered the "last straw," as residents of this apartment building have been living there for nearly five years but have still not received their land ownership certificates, even though they have fulfilled all their financial obligations to the investor.

Mr. NXT, a resident who bought an apartment in this building, said: His family bought an apartment measuring 79 square meters.2Despite having bought and lived in the house for nearly five years, Mr. T's family, as well as hundreds of other households, have still not been able to receive their land ownership certificates.

Mr. NXT stated that his family had paid all the required fees from the developer since purchasing the house, with only 50 million VND remaining to be paid to the authorities upon receiving the land title deed. Although the developer promised to provide the deed shortly after moving in, they have waited almost 5 years without seeing it.

What angers residents of this apartment building is that, despite having invested a significant amount of money, all they wanted when buying their apartments was a certificate of ownership to prove their rights, but they still haven't received one. Furthermore, many families who want to sell their apartments to move to a house or use the land title as collateral for bank loans are unable to do so.

The Bao Son apartment building on Le Loi Street, where residents protested demanding land ownership certificates in late April 2023. Photo: Tien Dong

Mr. Phan Thanh Son, Chairman of the Hung Binh Ward People's Committee, said: Immediately after the incident where residents of the Bao Son apartment building on Le Loi Street displayed banners demanding land ownership certificates, the Ward People's Committee coordinated with the city and worked with the investor. According to Mr. Son, because some construction items of this apartment building did not conform to the design in the past, the authorities requested repairs and rectification. To date, the competent authority has not yet inspected and licensed the building for operation, so the issuance of land ownership certificates to residents has not been carried out.

The same "weary" wait for land ownership certificates is also happening to many residents at the T&T Victoria apartment building on Quang Trung Street. Although they have completed all the procedures and were promised by the developer's representative that they would receive their certificates in May 2023, they have yet to receive them.

Mr. NTH, a resident who purchased an apartment in this building during the initial phase, stated: His family was one of the first households to buy an apartment in this building. On February 3, 2023, his family received a notice from the Vinh City Tax Department regarding the payment of registration fees, and by February 10, 2023, they had completed the payment to the State budget. After paying the registration fees, Mr. H handed over the documents to the investor to process the issuance of the land ownership certificate and was promised that he would receive it by May. However, as June arrived, Mr. NTH still had not received his land ownership certificate.

At the T&T Victoria apartment building, many residents have yet to receive their land ownership certificates. Photo: Tien Dong

It is known that the T&T Victoria apartment building project was also once a "notorious" project when it arbitrarily added 3 more floors (from 25 to 28 floors), exceeding the permitted height and being fined for administrative violations by local authorities.

Contacting someone who claimed to be a representative of the developer in charge of processing documents for issuing land ownership certificates to residents at the T&T Victoria building project, we received the answer that the first and second batches of certificates have already been issued. However, in reality, many households, despite being told they are on the list for the second batch, have still not received their certificates.

Besides the aforementioned apartment buildings, many completed apartment building projects in Vinh City have yet to issue land ownership certificates to residents.

For example, the Thanh Vinh apartment and office complex project, invested by Thanh Vinh Investment, Production and Trading Joint Stock Company, has 168 apartments but has not yet completed the issuance of land ownership certificates to residents. Similarly, the 5-story apartment building project of Construction Joint Stock Company 9.1, with 31 apartments, has been completed and residents have moved in, but the issuance of land ownership certificates has not yet been finalized...

The province currently has 110 real estate development projects that include apartment buildings, comprising 142 structures. Of these, 96 buildings have been constructed and put into use, providing 14,685 apartments.

Expeditiously expedite the process of preparing documents for issuing land ownership certificates to the people.

According to statistics, the province currently has 110 real estate development projects with apartment buildings, comprising 142 apartment complexes. Currently, 96 apartment complexes have been built and put into use, with 14,685 apartments; 46 apartment complexes are under construction or yet to be built. The highest concentration is in Vinh City, with 93 completed and operational apartment projects containing 14,262 apartments (11,815 land ownership certificates have been issued).

In addition, out of a total of 14,685 apartments built, developers have so far transferred ownership and issued appraisal notices for 13,135 apartments to residents; and have issued 12,187 land use right certificates (corresponding to 12,187 apartments) to households and individuals. Specifically, in the period from January 2022 to May 29, 2023, the entire province issued 3,877 land use right certificates (corresponding to 3,877 apartments).

Vinh City has the highest concentration of apartment buildings in the entire province. Photo: Tien Dong

According to a representative from the Land Registration Office, there are currently 948 apartments that have not yet been issued land ownership certificates. Of these, 723 apartments are due to families not yet needing the certificates; some residents have not fulfilled their financial obligations to the developer; and some households have even refused to cooperate with the developer in preparing the necessary documents for the certificate issuance.

Additionally, there are 225 apartments that have not yet been issued land ownership certificates because some new projects have announced the assessment of transfer conditions according to Clause 22, Article 1, Decree No. 148/2020/ND-CP, on amending and supplementing a number of decrees and regulations detailing the implementation of the Land Law, so the investors are notifying households and individuals to prepare documents for certificate issuance.

Regarding the resolution of outstanding issues and obstacles in issuing land use right certificates to citizens, on December 30, 2021, the Provincial People's Committee issued Plan 815/KH-UBND to address the backlog in issuing land use right certificates, house ownership certificates and other assets attached to land for households and individuals in the province.

Accordingly, the Provincial People's Committee requests the People's Committees of districts and the Department of Natural Resources and Environment, specifically the Land Registration Office, to implement the plan synchronously, focusing all resources and seriously completing the set plan. For real estate projects, including high-rise apartment building projects, a specific work plan is needed for each investor, guiding and urging land users to declare and register land and assets attached to the land, and to carry out the procedures for preparing documents to apply for land use certificates according to regulations...

In Vinh City, many apartment projects have issued land ownership certificates to residents, but many others have yet to complete the process, causing considerable frustration among the people. Photo: Tien Dong

Immediately afterwards, the Department of Natural Resources and Environment also directed the Land Registration Office to work with 140 investors of 156 projects to guide and urge the preparation of documents and propose to the Provincial People's Committee solutions to resolve difficulties in granting land use rights certificates to transferees in real estate business projects, including apartment buildings.

Mr. Nguyen Cong Thanh, Deputy Director in charge of the Land Registration Office, said: To complete the process of issuing land ownership certificates to residents in apartment complexes, relevant agencies and departments need to regularly urge investors to complete construction projects according to the project schedule and prepare dossiers to submit to the Department of Natural Resources and Environment for appraisal of transfer conditions. Investors who have transferred apartments to residents must carry out the procedures for registration and issuance of land ownership certificates to residents according to regulations.

In particular, regular reviews and inspections are necessary for developers who are behind schedule, fail to fulfill their financial obligations, or do not promptly complete the procedures for issuing land ownership certificates to residents after they have received the land. Increased inspections are needed to detect and strictly handle cases of legal violations when the conditions for buying and selling land and housing in housing development projects are not yet met.

"For the developer, after the residents have fulfilled their financial obligations, they need to notify the residents to cooperate in completing the procedures and preparing the necessary documents. The developer can submit the registration and issuance of the land title on behalf of the residents or provide the documents for the residents to register themselves. In addition, residents also need to cooperate with the developer in fulfilling their financial obligations and completing the necessary documents and procedures for obtaining the land title according to regulations," Mr. Thanh emphasized.

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Apartment residents are waiting endlessly for their land ownership certificates.
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