According to the Department of Natural Resources and Environment of Binh Thuan province, the Aloha Beach Village apartment project in Thuan Quy commune, Ham Thuan Nam district (Binh Thuan province), owned by Viet Uc Investment - Trade - Service Joint Stock Company (hereinafter referred to as Viet Uc Company), was granted an investment certificate (No. 48121000196) by the People's Committee of Binh Thuan province. The apartments in the project are for sale and long-term lease, with a total investment of 290 billion VND, a total area of approximately 15 hectares, and a completion and operational date of 2017.
Regarding land procedures, the Department of Natural Resources and Environment of Binh Thuan province stated that Viet Uc Company was granted multiple land use right certificates by the People's Committee of Binh Thuan province at different times, from 2008 to 2019.
Many homebuyers from Ho Chi Minh City to Binh Thuan province who purchased properties in the Aloha Beach Village project are hanging banners demanding their homes.
Why hasn't the project been issued a land title yet?
According to the Department of Natural Resources and Environment of Binh Thuan province, as of now, 55,560 m² of land has been allocated to Viet Uc Company, including 31,738 m² of rural residential land (46 land use right certificates) and 13,382 m² of commercial and service land (5 land use right certificates). Approximately 10,439 m² of shared infrastructure land has not been issued land use right certificates. The remaining area of 89,585 m² is currently occupied by local residents, as Viet Uc Company has not yet reached a compensation agreement with them.
In official document No. 2481, dated November 28, 2019, the Binh Thuan Land Registration Office determined the land use fee that Viet Uc Company must pay to be 20 billion VND (for the entire project of 145,145 m² , provisionally calculated using coefficient K). However, due to the prolonged pandemic, the investor has not yet paid the land use fee.
Binh Thuan police were present at the Aloha Beach Village project to explain to homebuyers that they should remain calm and submit petitions to the relevant authorities or file lawsuits in court to claim their legitimate rights, without causing any disruption to public order and security.
According to the Department of Natural Resources and Environment of Binh Thuan province, Article 1 of Government Decree No. 148/2020, amended by Decree No. 10/2023 dated April 3, 2023, stipulates that only after the project is completed will the land use right certificate, ownership certificate for houses and assets attached to the land, be issued for the apartments that Viet Uc Company has transferred to customers.
This is the reason why, from 2017 to the present, Viet Uc Company has been unable to provide land ownership certificates ("red books") to homebuyers, even though customers have paid 95% of the house value.
Despite knowing about the violations, they still allowed the construction project to proceed.
According to a report from the Binh Thuan Department of Construction, the Rubi 1 and Rubi 2 blocks of the Aloha Beach Village project have been largely completed but have not yet been inspected and approved by the competent authorities, nor have they been granted land use right certificates or ownership certificates for the houses and assets attached to the land.
Customers who bought houses in the Aloha Beach Village project in Binh Thuan province flocked to the developer's private residence in Binh Thanh District, Ho Chi Minh City, demanding their homes.
During the project implementation, the investor, Viet Uc Company, constructed the administrative building, Ruby 1 block, and Ruby 2 block without a construction permit, resulting in the Chief Inspector of the Binh Thuan Department of Construction issuing administrative penalties (decisions No. 01/QD dated April 3, 2017 and No. 02 dated July 26, 2017).
Furthermore, the investor proceeded with the construction of the lobby of Ruby 1 building in violation of the granted permit. Consequently, the Chief Inspector of the Department of Construction issued another decision imposing administrative penalties (No. 04/QD dated May 15, 2020). The investor complied with these decisions and paid the fines as required.
After the completion of the Ruby 1 and Ruby 2 buildings, during an inspection by the land management authorities to compile the cadastral records, it was discovered that the positioning of the building foundation for both Ruby 1 and Ruby 2 encroached on the internal traffic area between the two buildings.
Police in Binh Thanh District explained to homebuyers that they are not allowed to cause disturbances.
Specifically, block Ruby 1 overlaps by 18m² with plot number 45 on map sheet number 12 (for which the Department of Natural Resources and Environment of Binh Thuan province has issued a land use right certificate for commercial and service purposes).
Similarly, the Ruby 2 block overlaps by 40m² with the land area for which the company is currently undergoing procedures to apply for land allocation and lease with the competent authorities (i.e., building on 40m² of land that has not yet been allocated).
Despite these violations, it is unclear why the authorities in Binh Thuan province still allowed the project to continue construction until it was nearly completed.
Homebuyers flocked to the company chairman's private residence demanding their homes.
Mr. Phan Dinh Mai, representing 54 customers from Ho Chi Minh City who purchased houses in the Aloha Beach Village project, said that after media reports, Viet Uc Company sent an invitation to customer representatives to come to the company's office on Dien Bien Phu Street, Binh Thanh District, Ho Chi Minh City on June 9th for a meeting. "However, we refused to work with the company representative and instead requested Mr. Tu Van Phuoc, the chairman and general director, to meet with the customers to finalize the commitments. We went to Mr. Phuoc's house, but he refused to see us," Mr. Mai said angrily.
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