Difficulties in granting Certificates of land use rights and house ownership rights for real estate projects in Vinh City

(Baonghean)Recently, Vinh City People's Committee received 191 application files for certificates from households and individuals who received transfers of apartments and townhouses and was only able to issue 2 certificates to 2 households who bought houses at Doi Cung Apartment Complex, but then withdrew the certificates due to some problems...

According to the staff of the Department of Natural Resources and Environment of Vinh City: "The issuance of certificates to households and individuals receiving land use rights transfers is facing difficulties because according to regulations, the issuance of certificates to buyers can only be carried out after the investor has completed the procedures and been certified by the competent authority for the right to own houses and construction works on the land. However, in reality, investors have only been granted certificates of land use rights, but have not completed the procedures and have not been certified for the right to own houses and construction works on the land, so the People's Committee of Vinh City does not have enough basis to issue certificates to buyers of apartments, townhouses, and villas. Therefore, investors need to work directly with the provincial Land Use Rights Registration Office as soon as possible to complete the procedures for registering the right to own assets on the land before resubmitting the dossier to the City People's Committee...".

Through research, it is known that according to regulations, when the construction investment is completed, the investor of the housing development project must conduct acceptance of the project, hand over the technical infrastructure and social infrastructure to the local government or specialized management agency according to the approved project content or according to the investment approval document... However, currently in Vinh City, investors have not completed all construction items, have not handed over the technical infrastructure and social infrastructure, but still propose to issue certificates of ownership of houses and construction works to the owners. A reality that is currently very difficult to solve is that investors in urban areas and apartment buildings have sold houses and land before the 2005 Housing Law took effect, but the contract was only signed between the investor and the transferee without being certified by a notary public, and the contract was established in violation of the law. Currently, the house and land have been put into use, the investor cannot re-establish the transfer contract according to the new form prescribed in Decree No. 71/2010/ND-CP dated June 23, 2010 of the Government. This causes difficulties in the process of processing the dossier for granting certificates of land use rights and housing ownership rights.

Currently, Vinh City People's Committee has received a total of 191 application files for certificates from households and individuals receiving transfers of apartments and townhouses belonging to the Doi Cung Apartment Complex project (Hanoi Housing Investment and Development Joint Stock Company No. 30); Tecco Apartment Project - Quang Trung Ward (Tecco Central Joint Stock Company); Vinaconex 9 Apartment Project - Nghi Phu Commune (Construction Joint Stock Company No. 9); Phu Tho Villa and Townhouse Project - Nghi Phu Commune (Phu Tho Infrastructure Investment and Construction Company Limited), but due to the problems mentioned above, the work of granting certificates has not been carried out smoothly.

To create momentum for the real estate market and especially to ensure the rights of households and individuals who are granted land use rights and housing ownership certificates, the Provincial People's Committee needs to soon have positive and synchronous solutions to remove difficulties and obstacles in granting certificates to buyers of apartments and houses in urban areas for the Vinh City People's Committee to implement.