To meet the progress of granting land use rights and housing in Vinh City.

(Baonghean) - As of 2014, in Vinh City, there were 46 apartment buildings and new urban areas put into use with about 3,000 households living there. However, only 879 cases were granted the right to use land, houses and other assets attached to land; according to the request of the Provincial People's Committee, in the first 6 months of 2015, Vinh City must basically complete the issuance of certificates for 2,105 households. Nghe An Newspaper had an interview with Mr. Le Quoc Hong, Vice Chairman of Vinh City People's Committee about the above issue.

High-rise apartment complex on Lenin Avenue - Vinh City. Photo: Hoang Vinh

PV:Could you tell us some results in granting certificates to households and individuals who have received land use rights and house ownership rights from organizations investing in building houses for sale in Vinh City up to now?

Comrade Le Quoc Hong:Currently, in Vinh City, there are 46 apartment and new urban area projects that have been put into use. Of these, 65 out of 84 high-rise apartment building projects and 36 villa and townhouse construction projects have been allocated land by the province to investors. According to statistics from the City People's Committee, there have been nearly 3,000 households living in the above projects. Regarding the issuance of certificates to transferees, up to now, investors have submitted 1,246 sets of documents to the city, of which 1,065 sets are apartments in high-rise blocks, 181 townhouses and villas in 17 projects. Of the total 1,246 sets of documents submitted by investors, the City People's Committee has given covers to investors so that investors can give covers to households in 1,011 cases, reaching 81.1%. The remaining investors submitted 146 sets of documents. After inspection, the City People's Committee returned 55 sets of documents to the investors to complete, the rate of returned documents was 4.4%.

PV:In fact, for a long time, the media, especially households, have also reported that investors have been slow in submitting documents as well as in issuing certificates of land use rights to households who have received transfers of houses or land use rights in apartment buildings and new urban areas. So, according to you, what is the biggest difficulty we are facing right now?

Comrade Le Quoc Hong:The first difficulty is that the investor has not actively prepared procedural documents to submit to the Department of Natural Resources and Environment for inspection according to the provisions of Article 72. The second difficulty is that for projects that have been inspected by the Department of Natural Resources and Environment and issued a notice of eligibility to issue a cover to the transferee, the investor has not yet prepared a profile for each household to submit to the city. We assess that the investor has not yet prepared a profile to submit to the city for the following reasons: The transferee has not paid the investor in full; the investor has been issued a cover by the Department of Natural Resources and Environment but the cover is being mortgaged at a commercial bank, so there is no cover to submit to the City People's Committee to issue a cover to the household; the investor cannot contact the transferee because the transferee has leased it to someone else; the transferee has arbitrarily built a floor, changed the structure of the house without the investor's permission, so the cover is not issued. And according to the statistical assessment of the investor sent to the Department of Natural Resources and Environment, there are up to 958 cases falling into the above 4 causes.

PV:In case the money has been paid, the procedures on the people's side have been completed but the investor still does not issue the certificate, what should the households do to protect their rights, sir?

Comrade Le Quoc Hong:In the past, the Provincial People's Committee, related departments and branches, especially the Department of Natural Resources and Environment and the City People's Committee have issued many documents guiding and urging, and the Department of Natural Resources and Environment and the City Land Registration Office have directly worked and guided each household, but some households have not yet cooperated in preparing documents for the city to issue covers. I would like to propose the following ideas:

Firstly, households that have received an apartment transfer or a villa transfer or a plot of land adjacent to a housing development project must register their land with a state agency. This land registration is carried out in accordance with the provisions of Article 95 of the 2013 Land Law, which is to register at the People's Committee of the ward or commune where the land is located or at the district-level land registration office. And after registering the land, people who need to be granted a cover letter must prepare a profile for the investor to complete the profile and submit it to the City People's Committee. That is, to do that, people must complete the payment to the project owner to receive the apartment transfer or receive the plot of land transfer.

Second, in the case of receiving the transfer of a villa plot or a townhouse plot, according to regulations, the district level only issues a certificate to a household when a construction has been built on it, at least the rough construction must be built. Currently, according to the provisions of Article 194 of the 2013 Land Law and specified in Article 41 of Decree 43, it is possible that projects with completed infrastructure can transfer the land plot. Regarding this content, there is no guiding circular. In Nghe An, there have been a number of projects submitting this content, the Provincial People's Committee has assigned the Department of Construction to inspect. The Department of Construction has advised the Provincial People's Committee to submit a document to request opinions from the Ministry of Natural Resources and Environment and the Ministry of Construction. In this case, when there is a guiding document, we will implement it, but currently there is still a requirement to have a construction on that land plot. This means that people who receive the transfer of a villa plot or a townhouse plot must have a construction on the land. According to regulations, the investor builds the project, but in reality, for a long time, people have spent their own money to buy materials and build it themselves. It must follow the approved design of that project.

PV:What policies and solutions does the city have to remove difficulties and speed up the process of granting certificates as required by the province to be completed within the first 6 months of 2015, sir?

Comrade Le Quoc Hong:As of January 31, 2015, there are still 2,105 cases that have not been issued with certificates. The city is responsible for issuing certificates to these households. Following the direction of the Chairman of the Provincial People's Committee, the City People's Committee has specific solutions as follows:

Firstly, for investors in housing development in the city, based on the announcement of the Department of Natural Resources and Environment confirming that they are eligible to be granted a certificate for households, the City People's Committee has sent documents directly to the investors, requesting the investors to prepare documents to grant certificates for households according to the inspection results of the Department of Natural Resources and Environment. Secondly, the City People's Committee requires investors to notify each transferee of the apartment or land plot on which the house has been built and instruct such transferees to complete the documents to be granted a certificate within 5 days from the date of the inspection results of the Department of Natural Resources and Environment confirming that they are eligible to be granted a certificate. In case the investor has transferred the apartment or land lot to the people but is slow to prepare the documents or refuses to prepare the documents, the City People's Committee will organize a public announcement on the mass media and will impose a fine according to the provisions of Decree 102/2014 of the Government. After urging 3 times, if the investor fails to comply, he/she will be fined from 10 million to 500 million VND. Third, the City People's Committee has directed relevant departments, directly the Land Registration Office and the Department of Natural Resources and Environment to coordinate well with the Department of Natural Resources and Environment in the inspection according to the provisions of Article 72 of Decree 43. Fourth, the Department of Natural Resources and Environment and the Land Use Rights Registration Office are required to assign specialized staff to directly work with each investor according to the results of the inspection notice of the Department of Natural Resources and Environment. Fifth, request the Land Registration Office and the Department of Natural Resources and Environment when receiving documents from investors regarding the issuance of certificates to transferees, focus on prioritizing the fastest possible resolution in accordance with the provisions of law. Sixth, monthly, the Department of Natural Resources and Environment and the Land Use Rights Registration Office are responsible for synthesizing data on receiving inspection results from the Department of Natural Resources and Environment, data on issuance of certificates to households to compare and find solutions to speed up the progress in the following period between these two data.

PV:The difficulties and problems in granting certificates of land use rights to households in apartment buildings and new urban areas will put pressure on administrative management of the above residential areas. Do you have any advice for investors in building apartment buildings and new urban areas?

Comrade Le Quoc Hong:The city has Decision 1910 approving the Residential Area Administrative Management Project. And for apartment buildings with 50% of households living there, the city directs investors to establish an apartment building management board to operate that apartment building. The pressure on the state is the pressure of administrative management: First, how to manage, it can be temporary residence, it can be permanent residence. Second, it is necessary to issue certificates to households so that people can exercise their rights as land users while the state can manage that property.

For investors, we have some suggestions as follows: First, for housing development projects, we recommend that investors promptly establish procedures to submit to the Department of Natural Resources and Environment for inspection of the conditions for the city to issue certificates to households in accordance with the provisions of Article 72, Decree 43, dated May 14, 2014 of the Government. If the investor has completed the construction of the project or completed a part of the project without submitting to the Department of Natural Resources and Environment for inspection, the city will not be able to issue certificates to households. Second, when the Department of Natural Resources and Environment has checked the conditions for issuing certificates, it must notify households receiving the transfer of apartments or land plots to complete the documents to submit to the City People's Committee to issue certificates to households. In case the residents still do not cooperate after being notified three times, we request the investor to make a list and report it to the People's Committee of the local commune and the city so that we can impose a fine according to the provisions of Decree 102. Third, we request that on the 25th of each month, the investor make a list of households who come to live in that month in the apartment or land lot to send to the People's Committee of the local ward or commune and send it to the city so that we can monitor and monitor the investor's submission to the Department of Natural Resources and Environment for inspection and the City People's Committee to issue a cover. Fourth, according to the regulations, we request the investor to complete the construction of public works items in that project according to the basic design to ensure urban aesthetics, as well as ensure the living needs of residents when they come to live. And when the construction of these public works is completed, they must be handed over to the city. The city will receive and operate these public works.

PV:Thank you!

PV(Perform)