OK Gamuda Land signed a purchase and sale contract even before a building permit was issued
According to information reflected to the Journalist and the Public, the collective of customers buying houses at A6 Apartment Complex (including Diamond Centery and Diamond Alnata Plus subdivisions) belongs to the Tan Thang Sports Complex project (Celadon City). , Son Ky Ward, Tan Phu District, Ho Chi Minh City) said that the investor is Gamuda Land Joint Stock Company (HCMC) has signed purchase and sale contracts with many customers in the period from 2020 to 2022.
But it was not until May 8, 5, that the Ho Chi Minh City Department of Construction issued Document 2023/SXD-PTN&TTReals confirming eligibility to sell future houses for 6351 apartments, of which 1.313 are belonging to the family. Apartment A160 and 5 apartments belong to Apartment A1.153.
Apartment A6 belongs to the Celadon City urban area of Gamuda Land.
Previously on April 13, 4, the People's Committee of Ho Chi Minh City issued Decision 2023/QD-XPHC sanctioning administrative violations against Gamuda Land for violating "Incorrect capital mobilization". Specifically, it is the act of signing a contract to buy and sell apartments at Apartment A1426 without a written notice from the Department of Construction that the houses are eligible to be sold or leased according to regulations.
Therefore, this group of customers believes that Gamuda Land's violations at Apartment A5 have continued to recur at Apartment A6. Therefore, after Gamuda Land was sanctioned, many customers gathered documents and evidence to send to the authorities, proposing to sanction this investor for the act of "Mobilizing capital in contravention of regulations". at Apartment A6.
Ms. D.TN - representative of the customer group said: "We have repeatedly sent petitions and requests to relevant authorities such as the Department of Construction and the City People's Committee to clarify the investor's violations. At the same time, there must be appropriate sanctions for violations and refund of the illegally mobilized capital. However, after many months, the authorities still have not had an answer for the people…”.
Accordingly, from April 28, 4 until now, Ms. D.TN and many other customers have submitted 2023 times petitions with collective signatures and many evidences of Gamuda Land signing a purchase and sale contract before signing a purchase contract. eligible for the sale of goods to the Department of Construction. However, so far, the Department has not responded to the request of this group of customers.
The 5th petition of the group of customers at A6 Apartment Complex sent to the authorities.
In addition to the purchase and sale contracts signed with customers in 2022, before the announcement of eligibility to open for sale, Gamuda Land also signed a sales contract with customers in 2020, even before A6 Apartment has a license. construction permit.
Specifically, on November 4, 11, the Department of Construction issued a construction permit to Gamuda Land to construct Apartment A2021 in Document No. 6/GPXD. But according to the sales contract signed in February 92 by Ms. NTN - a customer who bought an apartment in Diamond Alnata Plus subdivision showed that this contract was signed even before Gamuda Land had a construction permit nearly 2 years. and before the Department of Construction issued a written confirmation of eligibility to open for sale, it was more than 2020 years. The content of the contract also states that the investor is responsible for handing over the apartment to the customer in the fourth quarter of 2, that is, on December 3, 2022 at the latest.
How does Gamuda Land explain the sale of a house when it is not eligible?
According to Ms. D.TN, during working sessions with investors, many customers also asked questions about Gamuda Land signing a contract before being eligible to open for sale. Answering this question, Gamuda Land's staff believes that they have been complying with the procedures prescribed by the law on real estate business regarding the conditions for housing sale to form in the future.
Specifically, the staff said that this investor said that on April 20, 4, there was a document to send to the Department of Construction a notice of eligibility to sell phase 2022 of the A3 apartment complex. Based on Clause 6, Article 2 - Decree 19/99 dated October 2015, 20 of the Government guiding the implementation of a number of articles of the Law on Housing, within 10 days from the date of receiving the application file of the owner. investment, the Department of Construction must check the dossier.
If the dossier contains all the papers prescribed at this point, the Department of Construction must send a written notice of eligibility to sell, lease-purchase and send it to the investor. If the application does not contain enough documents as prescribed, a written explanation must be clearly stated.
In case the investor has sent the dossier but beyond the time limit specified at this point, the Department of Construction does not give a written notice and the house is eligible for sale or lease-purchase, the investor is entitled to sign a contract. contracts to buy, sell, lease-purchase houses formed in the future but must be responsible for the sale, lease-purchase of such houses. The Department of Construction shall be responsible for the notification or failure to notify in writing that the house is eligible for sale or lease-purchase after receiving the investor's application.
An apartment sale and purchase contract in the Diamond Alnata Plus subdivision of Apartment A6.
“The staff of Gamuda Land said that the investor sent a notice of eligibility to sell the house, but the Department of Construction did not have an answer, so the project was eligible for sale. However, we found that, if the project is eligible for sale under the provisions of Decree 99 as said by Gamuda Land, why on May 8, 5, the Department of Construction continued to issue a full notice? conditions for opening and selling", said Ms. D.TN.
As previously reported, after being sanctioned by the People's Committee of Ho Chi Minh City for violations at Apartment A5, Gamuda Land has not yet implemented the form of remedial action that is to refund customers the money they have mobilized. illegal.
Recently, Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong directed the Department of Construction to review and evaluate the feasibility of organizing the implementation of remedial measures under Decision 1426 of the Chairman of the City People's Committee. town and the like.
In particular, the Department of Construction must summarize and report to the Ministry of Construction according to the opinions of leaders of the City People's Committee in Official Dispatch 7610/VP-DT dated 24/7. On the basis of comments and guidance of the Ministry of Construction, synthesize a proposed report and submit it to the Chairman of the City People's Committee for consideration according to its competence and law.
