Difficulty in managing apartment transfers
(Baonghean) - One of the current difficulties and shortcomings in apartment buildings and urban areas in the province is the roundabout situation in transferring apartments and residential land and lax management of administration, household registration, security and order.
Roundabout transfer
Buying a house for investment, then selling it when the price is high, buying land and then selling it in circles, not finding the owner anywhere is quite common in apartment buildings and urban areas. Therefore, the name on the registration (land title) is one person and the person staying is another is quite common. Because of buying houses and land for speculation, it leads to the situation of delay in completing real estate procedures and making red books.
Mr. Nguyen Xuan Quan, Deputy Director of Tecco Company added: Currently, the process of issuing new certificates from July 1, 2014 must go through the Department of Natural Resources and Environment to approve and appraise the entire project, then the city will issue individual certificates. For apartments, recently, the new law stipulates that within 30 days from the date of handing over the apartment, the investor must instruct the residents on how to make certificates. However, many home buyers do not need to make certificates and just leave them there.
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Tecco Company's new apartment complex in Vinh Tan ward (Vinh city) is about to be completed. |
According to the latest data from Vinh City, the city has received dossiers to grant certificates to transferees of 17/17 apartment projects and 21/24 townhouse and villa projects that have been inspected for transfer conditions by the Department of Natural Resources and Environment. Specifically, it has received over 2,100 dossiers and has processed the granting of certificates at 81.2%, including nearly 2,000 apartment buildings and nearly 250 villas and townhouses. There have even been nearly 200 dossiers completed but people do not want to come and pay money to get the cover.
The number of apartment files that investors submit to the City People's Committee to issue certificates to households and individuals receiving transfers has only reached 75% (as of August 2015); for villas and townhouses, this rate is much lower, nearly 50%.
Faced with this difficulty, on May 5, 2015, the Provincial People's Committee issued Official Letter No. 2670/UBND.DC agreeing with the proposal of the Department of Natural Resources and Environment in Official Letter No. 1573/BC-STNMT dated April 17, 2015. Accordingly, for the transfer of apartments and land through many owners, if the transferor cannot be contacted, the investor must have a commitment to take responsibility for the above sale. However, according to the opinion of some investors in Vinh City, the transfer between households is a civil transaction, but now the State requires the investor to have a commitment to take responsibility for the above sale, which is very difficult, and the investor cannot control everything. In addition, there is also the reason that some households have not paid the investor in full, so the records have not been completed.
For townhouses and villas, the inability to issue land titles is also due to the investor not constructing in accordance with the approved design and planning.
Difficulty in population management
In apartment buildings and new urban areas, there are frequent fluctuations in population due to changes in buying, selling, transferring, renting, and lending between households, so the management of land use, housing use, and population is not easy. Almost every household knows each other, and when they come and go, they close their doors, and there are few relationships, transactions, or friendliness. Therefore, it leads to some problems such as an unpleasant incident in an apartment that is only discovered a few days later...
The situation of no cultural house, no kindergarten, no block leader, no residential area leader, no one to manage the administration, living in one place but having a different household registration still exists, especially in some newly established urban areas and residential areas. Some investors are focused on profit and lack experience and human resources in administrative management.
Also, due to the lack of a community center, it is difficult to organize meetings, leading to limited dissemination of the Party's guidelines and policies and the State's laws. In addition, due to the characteristics of apartment buildings and new urban areas, which are mainly young people working in agencies and enterprises, the arrangement of personnel to participate in work in residential blocks, groups, and social organizations is difficult. Coordination between some investors of apartment buildings and new urban areas with local authorities is still limited, so there is still a situation of lax management in some apartment buildings and urban areas.
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Vinh Tan urban area of Investment and Development Company No. 30 in Vinh Tan lake is having many families coming to build houses. |
According to Mr. Tran Van Son, Vice Chairman of Vinh City People's Committee: The city will require investors to focus on completing the dossiers that have been appraised by the Department of Natural Resources and Environment and submit them to the City People's Committee. In case the dossiers have not been submitted to the City People's Committee, the investors must make a list of cases where the dossiers are with the investors and with households, clearly stating the reasons for not submitting the dossiers to the City People's Committee for handling and reporting to the Provincial People's Committee.
In cases where the investor has notified many times but the household does not cooperate or register with the state agency, the investor is required to make a list and report to the City People's Committee for punishment according to Article 12, Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government.
For households that have not paid the full amount to the investor, or households that are having disputes with the investor about the area of the house assigned to the household being different from the area in the contract, it is recommended that the investor take measures to resolve the matter or sue these subjects in civil court.
Regarding strengthening civil and administrative management in urban and residential areas: Investors are required to adjust planning to ensure that new apartment buildings and urban areas have community spaces. In case there is not enough space to build a cultural house, there must be enough space for community rooms.
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