Difficulties in managing apartment transfers.

(Baonghean) - One of the difficulties and shortcomings in apartment complexes and urban areas in the province today is the convoluted process of transferring apartments and land, as well as lax administrative management, household registration, and security and order.

Circular transfer

Buying houses for investment purposes, intending to resell when prices rise, or buying land and then repeatedly reselling it without being able to find the original owner, is a fairly common situation in apartment complexes and urban areas. Therefore, it's quite common for the name on the land registration certificate to be one person while someone else actually lives there. Because these houses and land are bought for speculation, delays in completing land registration procedures and obtaining land ownership certificates often occur.

Mr. Nguyen Xuan Quan, Deputy Director of Tecco Company, added: Currently, the process of issuing new land ownership certificates from July 1, 2014, requires the Department of Natural Resources and Environment to review and appraise the entire project before issuing individual certificates at the city level. For apartment buildings, the new law stipulates that within 30 days of handing over the apartment, the developer must guide residents on how to obtain the land ownership certificate. However, many homebuyers do not need the certificate and simply leave it as is.

Tecco Company's new apartment complex in Vinh Tan ward (Vinh City) is nearing completion.

According to the latest figures from Vinh City, the city has received applications for land use certificates for 17 out of 17 apartment projects and 21 out of 24 townhouse and villa projects that have been inspected by the Department of Natural Resources and Environment. Specifically, over 2,100 applications have been received and 81.2% of them have been processed and certificates issued, including nearly 2,000 apartments and nearly 250 townhouses and villas. There are even nearly 200 completed applications where residents are unwilling to pay the fees to receive their land titles.

The number of apartment building applications submitted by developers to the City People's Committee for the issuance of certificates to households and individuals receiving transfers has only reached 75% (as of August 2015); for villas and townhouses, this rate is even lower, at 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 Document No. 1573/BC-STNMT dated April 17, 2015. Accordingly, for the transfer of apartments and land through multiple owners where the transferor cannot be contacted, the investor must commit to taking responsibility for the aforementioned transactions. However, according to some investors in Vinh City, the transfer between households is a civil transaction, but now the State is requesting the investor to commit to taking responsibility for such transactions, which is very difficult, and the investor cannot control everything. In addition, there is also the reason that some households have not yet paid the investor in full, so the necessary documents have not been prepared.

For townhouses and villas, the inability to obtain land ownership certificates is also due to the developer constructing the buildings not in accordance with the approved design and planning.

Difficulties in population management.

In apartment complexes and new urban areas, there are frequent population changes due to transactions involving buying, selling, transferring, renting, and lending between households, making land use, housing use, and population management difficult. Most households keep to themselves, closing their doors when they return home, with little interaction or friendly relations. This often leads to problems, such as incidents occurring in an apartment that are only discovered days later…

The lack of cultural centers, kindergartens, neighborhood leaders, and administrative management, along with the problem of residents living in different locations, persists, especially in some newly established urban and residential areas. Some developers prioritize profit and lack experience and manpower in administrative management.

The lack of community centers also makes it difficult to organize residents' meetings, leading to limitations in disseminating the Party's guidelines and policies, and the State's laws. Furthermore, due to the characteristics of apartment complexes and new urban areas, which are predominantly inhabited by young people working in agencies and businesses, assigning personnel to participate in community work and social organizations is challenging. Coordination between some developers of apartment complexes and new urban areas and local authorities remains limited, resulting in lax management in some areas.

The Vinh Tan urban area, developed by Investment and Development Company No. 30 at Vinh Tan Lake, is seeing many families building houses there.

According to Mr. Tran Van Son, Vice Chairman of the Vinh City People's Committee: The city will require the investor to focus on completing the dossier that has been appraised by the Department of Natural Resources and Environment and submit it to the City People's Committee. If the dossier has not been submitted to the City People's Committee, the investor must compile a list of cases where the dossier is held by the investor or by a household, clearly stating the reasons for the delay, and report this to the City People's Committee for handling and reporting to the Provincial People's Committee.

For cases where the investor has repeatedly notified but the household has not cooperated or registered with the state agency, the investor is required to compile a list and report it to the City People's Committee for penalties in accordance with Article 12 of Government Decree No. 102/2014/ND-CP dated November 10, 2014.

For households that have not fully paid the developer, or households that are in dispute with the developer regarding the area of ​​the house allocated to them differing from the area stated in the contract, and therefore cannot register their ownership, the developer is requested to take measures to resolve the issue or initiate legal action against these parties in civil court.

Regarding strengthening civil and administrative management in urban and residential areas: Developers are required to adjust planning to ensure that apartment complexes and new urban areas have community spaces. If there is insufficient space for a community center, then adequate space for a community activity room must be provided.

Pearl