On June 1, 6, the Department of Construction of Ho Chi Minh City sent a document to the People's Committee of Tan Phu District to prevent the handing over of apartments for people to use before the acceptance test was held in accordance with the provisions of Apartment A2023. (belonging to the project of Tan Thang - Celadon City - Celadon City Complex of Sports and Sports Complex, Son Ky Ward, Tan Phu District).
The Department of Construction also submitted a petition to the People's Committee of Ho Chi Minh City to sign and issue a "Decision on sanctioning administrative violations in real estate business activities for Gamuda Land Joint Stock Company (Gamuda Land)". The reason for the sanction is because this investor has handed over the house and construction work to the customer without a written approval of the test and acceptance results from the competent authority to put the housing, infrastructure works society to use according to regulations.
Specifically, Gamuda Land handed over apartments at A5 Apartment Complex (belonging to Tan Thang Sports and Residential Complex Project - Celadon City, Son Ky Ward, Tan Phu District, Ho Chi Minh City) to customers when The State Department of Construction Quality Assessment has not yet received written approval from the State Department of Construction Quality Assessment of the results of the inspection and acceptance of completed works to put them into use as prescribed.
Diamond Alnata subdivision belongs to Gamuda Land's A5 Condominium.
Regarding Gamuda Land's behavior, talking to Journalists and Public Opinion, Lawyer Nguyen Van Tuan - Director, TGS Law Firm (Hanoi Bar Association) said that the sanctioning of violations of this investor specified in Article 18 of Decree 16/2022/ND-CP, providing for penalties for violations against regulations on acceptance of construction works:
Specifically, a fine of between VND 20 million and VND 40 million shall be imposed for one of the following acts: Acceptance is not in accordance with the prescribed order and procedures; Do not send a written request to the construction authority to inspect the pre-acceptance test as prescribed.
A fine ranging from VND 80 million to VND 100 million shall be imposed for putting construction parts, work items or construction works into use before the acceptance test has been carried out as prescribed.
A fine ranging from VND 100 million to VND 120 million shall be imposed for one of the following acts: Acceptance and acceptance when the volume of work has not been performed or the volume of test and acceptance is larger than the actual volume performed, for works using investment capital. public investment, foreign state capital for public investment, PPP projects; The project has been accepted, but the quality of the work is not guaranteed.
Lawyer Nguyen Van Tuan – Director, TGS Law Firm (Hanoi Bar Association)
In addition, the violating investor must also take remedial measures, including:
Within 10 days from the date of issuance of the decision on sanctioning of administrative violations, the investor must send a written request to the competent authority to inspect the pre-acceptance test in accordance with regulations with the acts specified at Point a. b Clause 1 of this Article;
Forcing within a period of 1 to 3 months, the investor must organize the acceptance test of work parts and work items that have been put into use with the acts specified in Clause 2 of this Article;
Forcible re-testing according to the actual construction and forcible recovery of the pre-acceptance and incorrect payment to the investor's account with the acts specified at Point a, Clause 3 of this Article;
Forcible remediation of the quality of the works in accordance with regulations with the acts specified at Point b, Clause 3 of this Article.
“Thus, when an organization puts a construction work into use but has not yet accepted the work, the organization will be fined from VND 80 million to VND 100 million. In addition, it is also required in the period from 1 month to 3 months to organize the acceptance of construction parts that have been put into use”, said lawyer Nguyen Van Tuan about Gamuda Land's violation.
As previously reported, the investor Gamuda Land was issued an administrative sanction by the People's Committee of Ho Chi Minh City on April 13 for signing a contract to buy and sell apartments at A4 Apartment Complex without the written consent of the owner. The Department of Construction announces that it is eligible to sell or lease future houses in accordance with the law.
Pursuant to Clause 4, Article 58 of Decree 16 of the Government in 2022, the People's Committee of Ho Chi Minh City has decided to fine Gamuda Land 900 million dong for improperly raising capital. This company also has to take remedial measures to return the improperly mobilized capital. The time to implement remedial measures is 10 days from the date of receipt of the decision. All costs of organizing the implementation of the remedy shall be borne by this company.
However, up to now, Gamuda Land has not taken remedial measures as in the sanctioning decision mentioned above.
Gamuda Land is the real estate development arm of Gamuda Berhad, Malaysia's leading construction and infrastructure development group. Entering Vietnam market since 2007, Gamuda Land is currently investing in two urban areas, Gamuda City with a scale of 274 hectares in Hoang Mai district, Hanoi and Celadon City with an area of 82 hectares in Tan Phu district, Ho Chi Minh City and a number of projects. other judgment.
Celadon City is a project built on an area of 82 hectares with a total investment of up to 1 billion USD. Currently, this urban area has been implementing many subdivisions including: Ruby, Emerald, Diamond Alnata, Diamond Alnata Plus, Diamond Brilliant, Diamond Centery, and The Glen (Condo Villa).
