Violations have not been handled
On May 8, 5, the Department of Construction of Ho Chi Minh City approved for Gamuda Land Joint Stock Company (Gamuda Land) to open and sell future houses for 2023 apartments in Apartment A160 and 5 apartments in Apartment A1.153 in the project of Tan Thang Sports and Residential Complex (trade name Celadon City, Son Ky ward, Tan Phu district) in document 6P6351.
However, through research in this document of the Department of Construction, a lot of information shows that in addition to the violations that have been sanctioned by Gamuda Land, there are still other issues that have not been pointed out.
Specifically, according to the legal documents provided by Gamuda Land to the Department of Construction, including the minutes GLHCM/A5.1/RICONS/HTGD/PHANNGAM/001 dated November 29, 11 and A2019.EPSW/FCS/CSI/POC/5.2 dated April 001, 29 on acceptance and completion of the underground structure item of A4 Apartment Building.
Diamond Alnata apartment complex of Celadon City project is having many conflicts between customers and investors.
Meanwhile, Apartment A5 was granted license number 68/GPXD by the Department of Construction to allow this investor to be allowed to build the work on May 28, 5. Thus, the underground part of Apartment A2021 has been completed by Gamuda Land and has a record of acceptance before obtaining a construction permit.
Looking at the case from a legal perspective, lawyer Nguyen Van Tuan - Director of TGS Law Firm (Hanoi Bar Association) said that according to the provisions of Clause 39, Article 1 of the revised Construction Law 2020, Clause 1, Article 107 stipulates that the commencement of work construction must ensure the following conditions:
Having construction ground to hand over in whole or in part according to the construction progress; Having a construction permit for works requiring a construction permit as prescribed in Article 89 of this Law; Having the approved construction drawing design of the work item or starting work;
The investor has signed a contract with the contractor to carry out construction activities related to the work commenced in accordance with the provisions of law; Take measures to ensure safety and protect the environment during construction; The investor has sent a notice of the construction commencement date to the local state management agency in charge of construction at least 3 working days before the time of construction commencement.
In addition, if the work is subject to a construction permit, the procedures for applying for a construction permit must be carried out before construction can begin, including the foundation.
How will Gamuda Land be punished?
Regarding the sanctioning of construction investors without a construction permit, lawyer Nguyen Van Tuan said that the sanctioning of this behavior is prescribed in Articles 14 and 15 of Decree 139/2017/ND-CP.
According to Clause 4, Article 14 on violations against regulations on starting construction of works, it is clear that in case of starting construction without a construction permit as prescribed, they will be sanctioned according to the provisions of Clause 5, Article 15 of this Decree. The fines for acts of organizing the construction of works without a construction permit which, according to regulations, must have a construction permit are as follows:
A fine of between VND 10 million and VND 20 million shall be imposed for building separate houses in conservation zones, historical-cultural relic sites or constructing other works that do not fall into the cases specified at Points b and c of this Clause; A fine of between VND 20 million and VND 30 million shall be imposed for building separate houses in urban areas; A fine of between VND 30 million and VND 50 million shall be imposed for construction of works requiring the preparation of economic - technical reports on construction investment or formulation of construction investment projects.
Lawyer Nguyen Van Tuan – Director of TGS . Law Firm
"In addition to the fine, the construction may also be stopped within 60 days from the date of making the minutes to carry out the procedures for applying for a construction permit, if the 60-day time limit fails to present the construction permit, the measure of forced demolition will be applied," said lawyer Nguyen Van Tuan.
Also related to Apartment A5 of the Tan Thang Sports and Residential Complex project, earlier on April 13, Gamuda Land was sanctioned for signing an apartment purchase and sale contract without a written notice from the Department of Construction that it was eligible to sell or lease future housing in accordance with the law.
Pursuant to Clause 4, Article 58 of Decree 16 in 2022 of the Government, the People's Committee of Ho Chi Minh City has decided to fine Gamuda Land 900 million VND for the act of raising capital in contravention of regulations. 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.
