According to a report by the Ho Chi Minh City People's Committee, there are currently over 81,000 houses in the city that have not yet been issued land ownership certificates. Of these, 8,372 houses have received tax notices and are awaiting tax payment from their owners; 19,958 houses are undergoing procedures for land ownership certificates but have been temporarily suspended to complete additional financial obligations; 10,277 houses in 18 projects have had their land ownership certificate issuance procedures temporarily suspended due to ongoing inspections and investigations; 8,918 houses have not been issued land ownership certificates due to regulations on new types of real estate; and 4,657 houses have not been issued certificates due to obstacles such as redefining the area of common land in apartment buildings, collecting outstanding payments, and reviewing the eligibility of homebuyers. In addition, 28,907 houses have not been issued land ownership certificates because the developers or homebuyers have not yet submitted the necessary documents.
From 2014 to the present, the number of applications for land ownership certificates for commercial housing projects in the city has increased year by year, with the rate of processed applications reaching 64.6%.
The Ho Chi Minh City People's Committee stated that, to date, more than 81,000 houses have not yet been granted ownership certificates due to various reasons such as: project planning adjustments, determination of additional financial obligations, construction violations, new types of real estate, projects under inspection and investigation, and projects with difficulties regarding social housing obligations…
Furthermore, the process of compiling administrative violation records faces many obstacles, such as difficulty in determining the handover date of the houses or the large number of houses in a project, leading to difficulties in identifying violations.
Homebuyers in apartment buildings hope to receive ownership certificates so they can settle down.
To expedite the issuance of land ownership certificates, the Ho Chi Minh City People's Committee has issued numerous documents. These include decentralizing and delegating the functions and tasks of the Ho Chi Minh City People's Committee in issuing land ownership certificates for commercial housing projects; issuing regulations on coordinating the resolution of procedures for land allocation, land leasing, land use conversion, and the issuance of new or replacement land ownership certificates… In addition, the Ho Chi Minh City People's Committee has also approved internal procedures for handling administrative procedures under the authority of the Ho Chi Minh City Land Registration Office.
To expedite the issuance of land ownership certificates to homebuyers, the Ho Chi Minh City People's Committee has directed the Department of Natural Resources and Environment to address the following obstacles: projects without legal issues, only awaiting confirmation of completion of financial obligations; developers delaying the submission of applications for land ownership certificates; new types of real estate; projects requiring additional financial obligations; other obstacles; and projects currently under inspection and investigation. Solutions must be studied to resolve these six groups of difficulties and obstacles. This includes outlining solutions, timelines, responsibilities, and reporting requirements on progress and results.
The Ho Chi Minh City People's Committee also directed the Department of Natural Resources and Environment to work directly with investors who are late in submitting documents to clarify the reasons. In cases where investors intentionally fail to submit documents without justifiable reasons, violations will be resolutely handled according to the law.
Regarding issues related to the Department of Construction such as: investors violating construction laws; projects with foreign individuals or organizations as owners; projects with difficulties regarding social housing obligations, the Department of Construction must develop a plan to resolve these difficulties and obstacles.
Reportedly, during the period 2020-2022, the Ho Chi Minh City Department of Natural Resources and Environment advised the City People's Committee to fine 10 businesses for failing to submit, providing, or providing incomplete documents for the issuance of land ownership certificates to homebuyers, with a total fine amount exceeding 4.1 billion VND.
In addition, the Inspectorate of the Department of Construction handled violations in 33 projects and advised on the issuance of 69 administrative penalty decisions.
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