Despite the submission of numerous official letters and the receipt of guidance documents from authorities, residents still can’t hold pink books for their properties including houses and apartments.
One of the projects with prolonged delays in the issuance of pink books is Hiep Binh Chanh residential area located in Hiep Binh Chanh Ward of Thu Duc City which is considered a high-class urban area for its many high-rise buildings and villas. Housing and apartment owners in this residential area have not been granted pink books for nearly 20 years.
An owner of a villa located on Street 14 moaned about significant delays in obtaining the necessary pink book for his residence. Despite having purchased the land in 2010 and subsequently completing the construction of his villa in 2011, he continues to await the issuance of this crucial document. He said that he has submitted numerous petitions to relevant authorities, but the matter remains unresolved.
The investigation revealed that the Hiep Binh Chanh residential area project received approval from the authorities in 2001, with K&N Construction Investment Consulting Company which later became known as Dai Hai Investment Joint Stock Company designated as the investor.
Subsequently, K&N Company entered into a business cooperation agreement with the Ho Chi Minh City branch of Song Da Corporation. Despite the signing of both the capital contribution and land allocation contracts, the investor permitted another individual to use the land as collateral for a bank loan. Furthermore, there were instances where the investor transferred land use right certificates to several plots of land to multiple parties, who then proceeded to mortgage those properties with the bank.
In 2021, the Ho Chi Minh City Police Investigation Agency launched an investigation and charged Director Ngo Xuan Truong of Dai Hai Company with the offense of ‘Abuse of trust to appropriate property’. Truong was expected to finalize the processes for dividing the land plot and transferring the land use right certificates to the individuals who purchased land in the Hiep Binh Chanh residential area project. However, he failed to fulfill these responsibilities and instead continued to sign sales contracts and transfer the land plots to other parties for the purpose of securing bank loans.
During continued investigations related to the Hiep Binh Chanh residential area project, in June 2023, former Chairman Luu Quang Lam of the Board of Directors of Dai Hai Company was also prosecuted for the crime of ‘Fraudulent appropriation of property’.
Chairman Pham Van Hung of the People's Committee of Hiep Binh Chanh Ward in Thu Duc City shared that the issuance of pink books at Hiep Binh Chanh residential area is being stuck when there is a document from the investigation agency requesting to stop the settlement, due to being related to the criminal case.
Similarly, residents of Tin Phong apartment building in District 12 have been waiting for their pink book for nearly 10 years.
The Department of Natural Resources and Environment of Ho Chi Minh City has confirmed that the apartment building qualifies for a pink book; however, over 400 households have yet to receive the certificate.
An additional instance of the postponement in the distribution of pink books is the Khang Gia Tan Huong apartment project on Tan Huong Street in Tan Phu District. The project, which began in 2016, is being developed by Khang Gia Real Estate Investment and Development Joint Stock Company (Khang Gia Company).
The investor, following the sale of the apartments to residents, made an arbitrary decision to convert the commercial floors into 71 apartments and constructed several other unlicensed items. These apartments were subsequently introduced to the market, attracting buyers who moved in. It is important to note that these 71 apartments were not originally intended for residential use, as they were part of the commercial center.
In response to the above violations, the Ho Chi Minh City People's Committee assigned the police to investigate and verify the division of commercial floors into apartments and illegal transfers in the apartment building. Concurrently, it directed the Department of Construction and the People's Committee of Tan Phu District to address matters pertaining to unauthorized construction activities. By the close of 2020, the Ho Chi Minh City Police launched a formal investigation and brought charges against General Director of Khang Gia Company Trinh Minh Thanh for the offense of ‘Fraudulent Misappropriation of Property’.
Still reeling from the unsettling news of the investor becoming embroiled in legal complications, the residents were dealt an even greater blow in 2022 when they learned, to their profound dismay, that a financial institution had issued an official announcement regarding its intention to seize the entire apartment building. This action, as the residents later discovered, was taken in an effort to recover outstanding debts incurred by Khang Gia Company, which had previously mortgaged the property and borrowed substantial sums of money from the bank, leaving the community in a state of deep uncertainty and concern about their homes and future.
Meanwhile, Khang Gia Go Vap apartment building (Go Vap District) is also invested by Khang Gia Company, and after decades of living there, residents have not yet been granted pink books.
Head Nguyen Quoc Dung of Khang Gia Go Vap apartment building management board revealed that the apartment building consists of 3 blocks with more than 1,100 apartments and rows of townhouses, which were put into use in 2013.
During the course of the project, the investor committed numerous construction violations that undermined the integrity of the building. These included repurposing the community house area to construct apartments for sale, unilaterally converting the designated commercial service and parking areas into kiosks and residential units and making unauthorized alterations to the fire escape staircase system. Originally approved at the standard level N3, the staircase was downgraded to level N2, a modification that failed to meet technical requirements and resulted in the structure not receiving approval for fire prevention and safety compliance.
For many years, residents of this apartment building have sent dozens of petitions to the authorities asking for intervention to resolve the issue of granting pink books, but it has not been resolved yet, said Head of Khang Gia Go Vap apartment building management board Nguyen Quoc Dung.
