Anxious about buying land in a development project.

The aforementioned project is located in Khanh Binh ward, Tan Uyen city, Binh Duong province, and is invested by Nam Tan Uyen Industrial and Urban Development Co., Ltd., covering an area of ​​over 51 hectares and comprising 3,700 plots.

Tired of waiting for land allocation.

This project is adjacent to the Nam Tan Uyen Industrial Park, located on the DT746 road. It is advertised as a modern, bustling, and thriving residential area in Tan Uyen City, and an ideal place to live and work for all types of people.

However, Mr. Huynh Pham Tuan Anh, Deputy Director of the Department of Construction of Binh Duong province, said that to date, the project has only reached the 1/500 detailed planning stage and has not yet received approval from the Provincial People's Committee for investment policy and land allocation. According to the reporter's investigation, despite lacking complete legal basis, the investor of the Nam Tan Uyen housing project has authorized Nui Hong Real Estate Joint Stock Company - located in Di An City, Binh Duong province - to extensively market the project through authorization contracts.

According to the contract drawn up by the developer, which is a reservation and investment cooperation agreement between the developer and the customer, if the customer agrees to buy in this project, the amount they have to pay is approximately 40%-60% of the product price. Mr. T. said that in 2019, he bought a plot of land in this project for over 900 million VND, and Nui Hong Real Estate Joint Stock Company required him to pay 350 million VND upfront. Although he paid the money a long time ago, Mr. T. has still not received the land from the developer.

In addition to paying the contract price, many customers also have to pay an extra amount to the distributor, Nui Hong Real Estate Joint Stock Company, ranging from 120 million VND to over 1 billion VND. "We are migrant workers from other provinces, and we had to scramble to find the money to buy land, hoping to have a place to settle down and make a living. Yet, more than four years have passed, and the investor still hasn't started the project, leaving us in a state of anxiety," Mr. T. said angrily.

According to our investigation, Nui Hong Real Estate Joint Stock Company is the exclusive distributor for the project. Of the 3,700 land plots, the company retains 500 plots to build houses for sale to customers, while the remaining plots are distributed to several real estate agencies for direct sale to customers. However, in the authorization contract between the investor, Nam Tan Uyen Industrial and Urban Development Company Limited, and Nui Hong Real Estate Joint Stock Company, which our reporter obtained, Nui Hong Real Estate Joint Stock Company is only permitted to visit, explore the market, and advise on products within the Nam Tan Uyen residential area.

Mr. Doan Hong Tuoi, Chairman of the Tan Uyen City People's Committee, affirmed that the Nam Tan Uyen housing project is currently not open for buying, selling, or transferring ownership. Therefore, any buying or selling activity would only involve purchasing the project itself, not the land. "Contracts such as reservation agreements or investment cooperation agreements are merely civil matters; the state will not intervene in case of disputes or if the project fails," Mr. Tuoi advised. He stated that he has repeatedly reminded the investor not to conduct buying and selling activities before the project has completed all legal procedures.

Current status of the Nam Tan Uyen housing project at this time.

Demand that the developer return the money to the customers.

According to our investigation, the Nam Tan Uyen housing project was initially assigned to Nam Tan Uyen Industrial Park Joint Stock Company as the investor, but later, through a joint venture and capital contribution, the project was transferred to Nam Tan Uyen Industrial and Urban Development Company Limited as the investor.

However, it is noteworthy that this project was under the control of a private enterprise, Nam Asia Urban Development Joint Stock Company (this company subsequently appeared on reservation and investment cooperation contracts with customers).

In October 2018, the project's detailed planning (1/500 scale) was approved by the People's Committee of Binh Duong province in Decision 2837. However, the project has not yet been allocated land by the People's Committee of Binh Duong province due to unresolved issues involving a private enterprise and a state-owned entity as the investors.

Regarding this project, hundreds of customers have recently been gathering in large numbers, displaying banners and causing disruption to public order in the area. Recently, the Tan Uyen City People's Committee held a meeting with the project's investor, Nam Tan Uyen Industrial and Urban Development Co., Ltd., along with relevant city units and the Department of Construction. Accordingly, the Tan Uyen City People's Committee requested the investor to assign personnel to coordinate with local authorities to resolve and handle cases of large gatherings causing disruption to public order.

The investor is working with 1,789 customers who signed capital contribution contracts before obtaining the necessary permits; working with the project's distribution units, Nam Asia Urban Development Joint Stock Company and Nui Hong Real Estate Joint Stock Company, on the project's progress and future implementation plans; and will promptly refund capital contributions to customers upon request.

In the coming period, the investor will contact and coordinate with the departments and agencies of Binh Duong province to request the removal of obstacles in the land sector, submitting the proposal to the Provincial People's Committee for approval of the investment policy for the project. This will serve as the basis for completing investment procedures and promptly completing the project according to regulations. The investor will not continue the construction of technical infrastructure until a construction permit is issued by the competent authority.

The investor has been penalized for two violations.

Mr. Huynh Pham Tuan Anh stated that for the Nam Tan Uyen housing project, the investor is currently contacting relevant authorities to complete the necessary legal procedures. The Binh Duong Provincial Department of Construction has also fined the investor for two violations: illegally raising capital through the creation of investment cooperation contracts to circumvent the law, and illegally authorizing a distribution unit. For customers, there are two ways to claim their rights: requesting the investor to return the money or suing in court.

Source: https://nld.com.vn/thap-thom-vi-mua-dat-du-an-196240101194556516.htm