Some real estate projects sell illegal products: Hundreds of customers are "trapped"

Recently, there has been a situation where some housing development projects in Nha Trang City have stopped after selling apartments and land plots, leaving customers behind. For many years, people have continuously filed petitions but have not been resolved.

Selling products without meeting the conditions

According to the reporter's investigation, the An Vien Luxury Hotel and Apartment Complex Project (located in the An Vien Coastal Urban Area, invested by Song Da - Thang Long Joint Stock Company) has sold apartments to hundreds of customers. However, after completing the foundation, the investor stopped construction and then abandoned the project. Present at the project, we noticed that the basement of the project had turned into a deep lake with concrete and iron piles protruding, which was very dangerous and posed a risk of environmental pollution. The project has a total land area of 5,600m2 ^, transferred by An Vien Joint Stock Company to Song Da - Thang Long Joint Stock Company. The project is expected to be 25 floors high and 1 basement, with a total investment of about 688 billion VND. After completing the piles and foundation, the investor stopped construction from 2016 until now. Notably, at the time of construction, Song Da - Thang Long Joint Stock Company mortgaged the above land lot at the Military Commercial Joint Stock Bank; at the same time, it sold apartments in violation of the law to nearly 400 customers, equivalent to about 70% of the project's products.

An Vien luxury hotel and apartment complex has been abandoned for many years.

Similarly, hundreds of customers are also "stuck" at the Phuoc Loi Complex and Housing Project (Phuoc Dong Commune), invested by Happy Real Estate Joint Stock Company . According to the complaint of the customers, although not yet qualified for sale, since 2017, Quang Thanh Real Estate Joint Stock Company (later renamed Happy Real Estate Joint Stock Company ) has signed with customers a "Contract for the implementation of land use rights transfer" at the Phuoc Loi Complex and Housing Project. The investor committed to sign the transfer contract and hand over the land to customers in July 2018. Therefore, about 160 customers have purchased land here. However, up to now, the project is still an empty lot...

Located in the Tan Lap Islet residential area, The Aston Luxury Apartment Project has been promoting the sale of apartments and then stopped construction. According to the reporter's investigation, this apartment building was built on plots HH1, HH2, HH3, with a total area of nearly 11,116m2 ^, transferred by Song Da - Nha Trang Joint Stock Company (investor of Tan Lap Islet Residential Area Project) to VHR Investment Joint Stock Company since 2019. During the process of implementing the basement construction, VHR Investment Joint Stock Company promoted The Aston Luxury Apartment Project to sell apartments when it did not meet the conditions. Many customers have deposited money to choose to buy apartments here. However, in October 2021, the Provincial People's Committee issued a decision to fine the investor 40 million VND for organizing construction without a construction permit.

Customer cry for help

For many years now, customers who bought land at the Phuoc Loi Complex and Housing Project have continuously sent petitions to the authorities. Ms. Nguyen Thi Ngoc Lan (customer representative) said that according to the schedule, customers have paid from 70 to 95% of the contract value for plots of land from 80 to 115m2 ^, in 2017 and 2018. However, the project is slow to implement, the investor does not appear to resolve customer complaints. "We urgently hope that the authorities will take measures with the investor, to help people quickly receive land and stabilize their lives," Ms. Lan said.

Customers who bought apartments at the An Vien Hotel and Luxury Apartment Complex Project are also in a state of restlessness because they have paid the investor for more than 6 years, but the project is still just a bare concrete block. According to Ms. Nguyen Hong Thuy (customer), around September 2015, she bought 40 apartments at this project. On average, Ms. Thuy paid more than 500 million VND for each apartment. In the sales contract, the investor committed to handing over the apartments by the end of 2016, but until now, it is just an abandoned project. Hundreds of customers currently do not know who to contact to claim their houses, because the company keeps changing leaders.

Multiple violations

According to the report of the Department of Construction, although the Phuoc Loi Complex and Housing Project has not met the conditions for purchase and sale, customers have paid 70 - 95% of the land value. The fact that Happy Real Estate Joint Stock Company signed a contract to mobilize capital at the Phuoc Loi Complex and Housing Project is against the law. Through inspection, the Department discovered that the company had put 137 real estate products into business, earning more than 37 billion VND. The Department has requested the company to resolve the liquidation of the contracts, ensuring the rights of customers. However, many customers do not accept the liquidation of the contracts when the investor only wants to return the money received.

Recently, the Department of Natural Resources and Environment has sent a document to the Provincial People's Committee reporting the results of the inspection and review of legal documents and the progress of the Phuoc Loi Complex and Housing Project. According to the report, this project was first granted an investment certificate in 2011 and continuously adjusted the investment certificate and changed the project progress. On May 8, 2020, the Provincial People's Committee issued the third amended investment certificate, with the deadline for completing the entire project being January 31, 2023. Currently, the investor has only built a model house with an area of 75m2; ^has not yet determined the location of the boundary for the land allocated and leased by the State; has not yet completed the construction of technical infrastructure and an 18-storey commercial center; has not yet completed land procedures according to regulations.

Speaking to reporters, Mr. Nguyen Kim Thach - Chief Inspector of the Department of Construction said that the Provincial People's Committee is assigning the Department of Construction to urgently handle the existing problems and violations of Song Da - Thang Long Joint Stock Company related to signing apartment sale and purchase contracts when the conditions for putting real estate into business were not met and the responsibility of this unit in implementing remedial measures at the An Vien Luxury Hotel and Apartment Complex Project. Since 2015, the Department Inspector has issued a decision to administratively sanction Song Da - Thang Long Joint Stock Company for constructing the basement of the project without a construction permit. However, up to now, the investor has not yet paid the fine. Regarding the luxury apartment project The Aston, on June 16, 2022, the Department Inspector issued a document requesting VHR Investment Joint Stock Company and the contractor to stop construction. The reason is that after being granted a license, the investor violated again because the construction of the basement and the basement 2 cover was not in accordance with the construction permit. The company is adjusting the project design to submit to the Ministry of Construction for approval.

The leader of the Department of Construction said that for projects that have sold illegal products, investors are often irresponsible, evasive, and do not actively complete legal procedures to continue implementation. If the project is revoked, will any investor dare to continue implementing this project, how will the consequences be handled?... Recently, the authorities have actively reviewed and handled investors who violated the law, but customers should also consider and learn carefully before putting money down to buy real estate products. If the project does not meet the conditions for sale, buying and selling is very risky, causing disadvantages for customers.

REPORTER GROUP

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