Why has the Hoa Binh Green Da Nang Project not been granted a "red book" for each apartment?
The Department of Natural Resources and Environment of Da Nang City believes that Hoa Binh Company has not implemented the contents according to the instructions, so there is no basis to carry out the procedures for granting the Certificate of Apartment Use Rights at the Hoa Binh Green Da Nang Project.
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| The Danang Green Peace Complex project must adjust the land use term to no more than 50 years according to the provisions of the land law. |
The Department of Natural Resources and Environment of Da Nang City has just responded to Dau Tu Newspaper about the problems and problems regarding land at the Hoa Binh Green Complex Project in Da Nang (also known as Da Nang Golden Bay Project, Hoa Binh Green Da Nang) invested by Hoa Binh Company Limited.
Accordingly, on October 7, 2019, the Department of Natural Resources and Environment of Da Nang City commented and instructed Hoa Binh Company Limited to contact the Land Registration Office to adjust the land use term to no more than 50 years according to the provisions of the land law; contact the Department of Finance to fulfill financial obligations according to the conclusion of the Government Inspectorate; contact the Department of Construction to adjust the planning and design documents, complete acceptance and put the project into use; contact and provide all documents related to the Project for the Department of Natural Resources and Environment to inspect and determine the land price due to the change of land use purpose, adjust the planning, report to the City Land Valuation Council for appraisal and submission to the City People's Committee for approval.
“After completing the above contents, the investor shall contact the Department of Natural Resources and Environment to carry out the procedures for granting a Certificate according to Article 72 of Decree 43/2014/ND-CP of the Government”, informed the Department of Natural Resources and Environment of Da Nang City.
However, the Department of Natural Resources and Environment of Da Nang City believes that, to date, Hoa Binh Company Limited has not completed the contents according to the instructions on October 7, 2019. Therefore, the Department of Natural Resources and Environment of Da Nang City has no basis to carry out the procedures for granting Land Use Rights Certificates for each apartment.
As reported by Dau Tu Newspaper, the land used to build the Da Nang Green Peace Complex Project was previously owned by Seaprodex Thuan Phuoc Real Estate Joint Stock Company (abbreviated as Seaprodex Thuan Phuoc). This company was granted 3 land use right certificates by the Da Nang City People's Committee on June 21, 2011.
Specifically, Land Use Right Certificate No. BE 601575, area 4,581 m2 (land plot No. 11, map sheet No. 78); Land Use Right Certificate No. BE 601576, area 3,640 m2 (land plot No. 10, map sheet No. 78); Land Use Right Certificate No. BE 601577, area 3,016 m2 (land plot No. 7, map sheet No. 78).
The strange thing about these 3 land use right certificates is that, although this is land for production and business facilities, it has a long-term use period. After that, Hoa Binh Company received the transfer of all the rights to use the 3 above-mentioned land plots from Seaprodex Thuan Phuoc and the change was registered by the Da Nang City Land Registration Office on June 30, 2016.
On October 12, 2016, the People's Committee of Da Nang City issued Decision No. 6916/QD-UBND allowing Hoa Binh Company to change the land use purpose from business land to urban residential land for an area of 4,283 m2 out of a total area of 11,237 m2 at the Da Nang Green Peace Complex Project, with a land use term of 50 years.
Next, in Official Dispatch No. 8815/UBND-SXD of the People's Committee of Da Nang City issued on October 25, 2016 on approving the investment policy of the Da Nang Green Peace Complex Project, it is stated that customers (owners) of 960 commercial apartments have ownership rights and are granted certificates of ownership of residential apartments; 768 hotel apartments have ownership rights and are granted certificates of ownership like commercial apartments.
It is worth mentioning that, in this document, the People's Committee of Da Nang City set the operating period of the Da Nang Green Peace Complex Project at 50 years. Meanwhile, according to the Land Use Rights Certificate No. BE 601575, BE 601576, BE 601577 issued by the People's Committee of Da Nang City to Seaprodex Thuan Phuoc, the land use period is long-term.
In 2019, the Department of Natural Resources and Environment of Da Nang City found that the land use term was different from the project's operating period, so it advised the People's Committee of Da Nang City to extend the land use term accordingly and the investor must fulfill the arising financial obligations. However, to date, this issue has not had any significant changes.
It should be reiterated that in Conclusion No. 2852/KL-TTCP dated November 2, 2012 of the Government Inspectorate, 5 land plots of Seaprodex Thuan Phuoc were on the list of land use right certificates (land for production and business granted for a long term) that were not in accordance with regulations. The three land plots that Hoa Binh Company received from Seaprodex Thuan Phuoc are among these 5 land plots.
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