Is the Ho Chi Minh City Department of Construction responsible for Gamuda Land's violations?

Many issues have not been clarified

As previously reported, Gamuda Land Joint Stock Company (Gamuda Land) has committed many violations during the implementation of two apartment blocks A5 and A6 at the Sports and Residential Complex project. Tan Thang (trade name Celadon City, Son Ky ward, Tan Phu district, HCMC).

Specifically, in the written consent for Gamuda Land to open and sell houses formed in the future for 160 apartments in Apartment A5 and 1.153 apartments in Apartment A6 in document 6351/SXD-PTN&TTReals of the Department of Construction Construction of Ho Chi Minh City (Department of Construction) clearly stated that the investor has provided two minutes of November 29, 11 and April 2019, 29 on the acceptance and completion of the underground structural item. Apartment A4.

However, Apartment A5 was granted a construction permit by the Department of Construction on May 28, 5. Thus, the underground part of A2021 Apartment Complex has been completed by Gamuda Land and has a record of acceptance before being granted a construction permit by the authorities. Currently, there is no information about the sanction of the authorities related to this behavior. At the same time, a question mark is also raised with the agency responsible for management and supervision, when a large project such as A5 Apartment Building is constructed without a construction permit.

Next, regarding the sale of houses formed in the future, Gamuda Land explained to customers that it had sent a notice of eligibility to open for sale to the Department of Construction. Pursuant to Article 19 of Decree No. 99/2015/ND-CP dated October 20, 10 of the Government, within 2015 days from the date of receipt of the investor's application, the Department of Construction must inspect profile check. 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.

With Gamuda Land repeatedly affirming that it was eligible to open and sell Condominium A5 and A6 before the announcement of 6351, would the Department of Construction be responsible for not having a written notice of eligible housing? Is the event sold, lease-purchased after receiving the application file from the investor Gamuda Land, as stipulated in Decree 99/2015/ND-CP? Because this announcement is an important factor, related to the decision of the Ho Chi Minh City People's Committee to issue an administrative sanction against this investor and request a refund of the mobilized capital in contravention of regulations. 

Is it still allowed to open for sale when the guarantee period expires?

In addition, the bank's guarantee in the purchase and sale of houses formed in the future is also a question mark for many customers who have bought apartments at the A5 and A6 apartment blocks of the investor Gamuda Land.

According to the provisions of Clause 4, Article 3 of the Law on Real Estate Business in 2014, houses and construction works to be formed in the future are houses and construction works that are in the process of being built and have not yet been accepted and put into use. . As in Clause 19, Article 3 of the Law on Housing 2014, stipulates that houses to be formed in the future are houses that are in the process of construction investment and have not been tested and put into use. The bank guarantee in the purchase and sale of houses to be formed in the future is an important basis for direct protection for buyers of houses to be formed in the future.

Meanwhile, up to now, Gamuda Land's A5 apartment complex has not yet been approved by the competent authority in writing the results of the inspection and acceptance and put into use. On June 1, the Department of Construction also sent a written request to the People's Committee of Tan Phu District to prevent Gamuda Land from handing over the apartment at A6 Apartment Building, until this construction is approved by the competent State agency. have a written approval of the results of the inspection and acceptance of the completed work in accordance with regulations.

However, according to the agreement on granting guarantee limit No. 0106/2020/TTBL of Vietnam Maritime Commercial Joint Stock Bank (MSB Bank), the maximum guarantee period for A5 Apartment is only valid until the end of January 31. 1. That is, at the time the Department of Construction issued Notice No. 2023/SXD-PTN-TTReals on 6351/8, agreeing for Gamuda Land to open sale of future housing for 5 apartments in A160 Apartment Area, guarantee agreement has expired. 

Also from the above issues, many customers who are buying apartments at A5 Apartment Complex have expressed frustration about why Gamuda Land was licensed to open and sell apartments when there are still many outstanding issues that have not been solved. clear.

Mr. D.VT, a customer who signed a purchase and sale contract with Gamuda Land to buy an apartment in the Diamond Alnata subdivision, said: “We have sent an application to reflect the investor's problems to the authorities, especially regarding the legal issues of the project that have not been resolved by Gamuda Land, but it is not clear why they are still licensed by the Department of Construction to open for sale when there are so many problems. Not to mention that this investor has not yet solved the problems, but has asked the customer to complete the financial obligation to receive the house.

This customer also said that because Gamuda Land was slow to hand over the apartment as committed in the contract, many conflicts had arisen between the investor and the customer. This conflict involves paying the late payment of 18%/year and paying 30% of the paid amount to the customer who wants to terminate the contract. These are the rights of the buyer clearly stated in the sales contract. But currently, these legitimate interests of customers have not been met by Gamuda Land. 

The Journalist and Public will continue to work with the authorities to clarify the above issues.

Earlier on April 13, the People's Committee of Ho Chi Minh City issued a decision to sanction Gamuda Land for signing an apartment purchase and sale contract at A4 Apartment Building of the Celadon City project without a written notice from the Department of Construction. conditions for sale and lease of houses formed in the future according to the provisions of 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 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.

Recently, according to information from Tan Phu District People's Committee, Gamuda Land has paid a fine according to the sanctioning decision, and also filed a complaint against this administrative violation sanctioning decision.