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The fine of 1 billion VND is not large for investors, so it is not a solution to overcome the debt of people's pink books, lawyer Nguyen Duc Thinh assessed.
The fine of up to 1 billion VND for investors who are slow to issue pink books to apartment buyers according to the draft decree on administrative penalties for land violations proposed by the Ministry of Natural Resources and Environment is considered not new and lacks deterrence as it did in the current Decree 91.
Penalties for investors who violate by not submitting documents, not providing, or providing incomplete documents to carry out procedures for granting pink books to home buyers:
Is the above fine enough to deter and reduce the current situation of thousands of houses waiting for pink papers? What is the appropriate fine?
YouthRecord comments from readers, experts and authorities surrounding this story.
Ms. Nguyen Thuy Tuong Vy (block A1, Opal Riverside apartment building): Suffering in hundreds of ways because the house does not have a pink book
I bought an apartment at Opal Riverside (Hiep Binh Chanh ward, Thu Duc city, Ho Chi Minh city) in 2018 but until now I have not received the pink book.
Every time I do procedures related to home ownership, I have to ask for confirmation from the investor (confirming that I am the owner of the apartment and have not been granted a pink book).
People registering for permanent residence must bring a stack of documents (including drawings, sales contracts, confirmation from the investor, house handover minutes...) to prove legal residence.
Parents who want to give away a house or make a will must ask the investor.
To sell a house, the old owner must be granted a certificate of ownership by the investor. After selling to the new owner, the investor will confirm the new owner.
The apartment is worth several billion, but currently only one bank (affiliated with the investor) accepts to approve mortgage loan applications with quite high interest rates. Moreover, loans are only granted in cases where the apartment is mortgaged to buy the apartment itself.
We, the residents, do not care how much the investor is fined, but we need the investor and the authorities to find a way to resolve the issue to avoid people's rights being disadvantaged.
Ms. Nguyen Thi Van Mong (member of the management board of Opal Riverside apartment building): Management under great pressure
The fine of 1 billion VND is insignificant compared to the investor or the project. If the investor intentionally violates for a greater benefit, the fine is not enough to deter. It must be punished in other forms such as including it in the investment conditions for the next project or being rated low on the market transparency scale...
Mr. P.D.H. (Hoang Anh Gia Lai apartment building, Da Nang city): Not fair to us.
I bought an apartment in Hoang Anh Gia Lai apartment building in 2014 and paid in full. 422 apartments have pink books, but the last 10 or so are stuck.
In 2017, the Da Nang Department of Finance required the investor to pay an additional 5.5 billion VND in financial obligations. The investor has not paid yet, so the Da Nang Land Registration Office has "temporarily suspended" the issuance of pink books for the remaining apartments.
We sued the investor in court, the verdict forced the investor to complete the procedures to issue pink books to the remaining households of the apartment building.
However, the authorities still do not resolve the issue. The matter involves the government and the investor, but the people are the ones who suffer in the end.
Mr. Phan Nguyen Khoi (Muong Thanh apartment building, Da Nang city): Inconvenient in every way due to investor's mistakes
I have lived in Muong Thanh apartment since 2017 after paying the full amount as agreed in the apartment purchase contract.
Suddenly, the government discovered that the investor had built without permission and forced them to fix the problem. Until now, I still don’t know when my house will be granted a pink book.
800 households live in the apartment building but are not allowed to establish a management board, are not allowed to register their residence, which means their children cannot go to the right school near their home, and if they want to get a citizen ID card, they have to return to their old place of residence...
As for mortgaging apartments to borrow money, banks immediately reject the application. People suffer a lot, and administrative procedures are not confirmed by local authorities.
If the investor makes a mistake, the investor will be sanctioned. If the people have fulfilled their obligations, their rights must be resolved. If the government does not intervene, the investor will remain "inactive" and the people will continue to suffer.
Dr. Nguyen Huu Cuong (Chairman of Hanoi Real Estate Club): The fine is too low.
In my opinion, in addition to the investor's responsibility, we should also consider the case of fault of the parties. For example, if some customers intentionally delay in completing their financial obligations, what will be the penalty level?
There are also reasons why local state management agencies are slow, have not determined land prices, land use fees, due to changes in tax policies or fire prevention and fighting agencies have not yet accepted...
Sometimes, the procedure is delayed because an individual or agency is afraid of responsibility and intentionally causes difficulties. All of these cases must be examined for consideration and handling.
If the fault is due to the investor not fulfilling financial obligations or having construction violations or other violations that lead to the project not being eligible for a pink book, the investor must take responsibility.
The fine of no more than 1 billion VND is too low, it must be increased to ensure the rights of home buyers.
Ms. Do Thi Hang (former Head of the Apartment Management Board in Nam Tu Liem District, Hanoi): It is necessary to apply fines on a percentage of revenue.
In my opinion, a fine of 1 billion VND without effective measures to force investors to complete procedures to issue pink books to residents will not solve the problem.
Maybe the investor should impose a fine based on a percentage of the project's revenue so that they can remedy the consequences.
There should be regulations that if investors do not fulfill their commitments to customers, their business registration and operations will be suspended...
Punishment must show investors the consequences of their violations to ensure fairness. I also propose that the State must supervise and urge investors to prepare documents to issue pink papers to residents.
Lawyer Nguyen Duc Thinh (Ho Chi Minh City Bar Association): The fault is not only the investor's
The biggest problem that leads to many apartments and housing projects not having pink books today is not only the fault of the investors. In fact, many projects with slow pink books today are the fault of the investors and management agencies. In fact, in Ho Chi Minh City and neighboring provinces, there are not many projects with smooth legal procedures.
Land laws are issued, then adjusted, amended, or even abolished from the previous documents. Many documents are not issued in a timely manner. Enterprises are stuck if the project is prolonged, forced to choose the option of "running and queuing at the same time". Some projects carry out legal procedures in parallel. Some investors accept "shortcuts" to get the project "launched" early, but when it comes to issuing pink books to home buyers (the final step), it gets stuck and prolonged...
The fine of 1 billion VND is not large for investors, so imposing a high fine is not the only solution to overcome the situation of "debt" of pink books. The State must also publicize the legal problems and the responsibility to resolve them of each project so that people do not just cling to the investors when the pink books are delayed.
Representative of a real estate corporation: The investor is very eager to issue a pink book.
In addition to the obligation to comply with the law, after residents are granted the pink book, the investor receives 5% of the remaining value (a significant revenue for a project). The investor always wants customers to receive the pink book soon. However, the process of making documents to grant pink books to home buyers is increasingly difficult and often delayed for many reasons.
The current processing procedure of the HCM City Land Registration Office also takes a lot of time compared to the 50 days prescribed by law. Not to mention that there are cases where people in the authorities are afraid of being held personally responsible, so they are not decisive and enthusiastic in working with businesses to resolve difficulties.
Associate Professor, Dr. Nguyen Quang Tuyen (Vice Chairman of the Council of Hanoi Law University):Stop new projects if violations are not corrected
The investor's failure to issue pink papers to residents as committed is a breach of contract.
The fine of 1 billion VND for investors who are slow to issue pink papers to hundreds, even thousands of residents is not enough of a deterrent. 1 billion VND is sometimes only equal to 10m2apartment.
If the investor intentionally violates or repeats the violation many times, it is necessary to apply measures to stop the implementation of new projects for 2-3 years or until the old project's violations are corrected.
Lawyer Nguyen Tien Lap (Hanoi Bar Association):Residents sue investor for compensation
Home buyers can sue the investor to request proper performance of the home purchase contract.
It is important that the sales contract contains clear commitments regarding obligations, performance deadlines and penalties for violations.
If all residents sue, the compensation will be greater and will also affect many other activities of the investor, so the damage is predicted to be greater in all aspects.
This is a sufficient sanction to deter investors who intentionally "hang" the pink papers of home buyers.
Department of Natural Resources and Environment of Ho Chi Minh City: Ho Chi Minh City has punished 21 cases.
Since Decree 91 took effect, Ho Chi Minh City has fined investors of 21 projects for delaying procedures to issue pink books to home buyers with a fine of VND7.744 billion. Three projects have filed fines and are awaiting a decision.
The Department of Natural Resources and Environment also identified many projects that have not been granted certificates, but the investors did not violate regulations on the time limit for certificate issuance procedures and have directed related procedures according to regulations.
In September 2023, Ho Chi Minh City still had 30,061 applications eligible for pink books, but investors and home buyers had not yet submitted their applications. The City Land Registration Office has sent an official dispatch to project investors and apartment management boards urging them to submit applications for certificates. For projects with problems related to additional financial obligations, the Department of Natural Resources and Environment will coordinate with departments, branches and investors to speed up the determination of additional financial obligations. In cases where there are changes in planning but do not increase the land use coefficient and it is determined that no additional financial obligations are required, the certificates will be considered for issuance.
For projects that are being mortgaged by investors at credit institutions, investors are required to release the mortgage on land use rights and submit the original land use right certificates of the project for the Land Registration Office to correct. Currently, some investors have not taken this step, so the Department of Natural Resources and Environment has not completed the procedures to issue certificates to residents in the project. Typical examples are Khang Gia apartments (Go Vap), Duc Khai apartments (District 7), 4S Linh Dong apartments (Thu Duc City)...
Article 29 of the draft decree on "Regulations on administrative sanctions for violations in the land sector" (the Ministry of Natural Resources and Environment is seeking comments) stipulates that investors who do not submit documents for procedures to issue red books or do not provide or do not provide complete documents for customers who submit their own applications for red books as prescribed will be fined up to 1 billion VND. The time of violation is calculated from the date the investor hands over the house, construction works, land to the buyer or from the time the lessee has paid in full as agreed to the time of making a record of administrative violations.
In addition to the penalty, the investor is required to submit documents or provide complete documents to the buyer, lessee of the house, construction work, and the transferee of land use rights to submit documents themselves to complete the procedures for granting certificates according to regulations.
This provision is also included in Decree 91/2019 on administrative sanctions for violations in the land sector (effective from January 5, 2020).
Mr. Hoang Hai (Director of the Department of Housing and Real Estate Market Management, Ministry of Construction): Will strengthen inspection and handling
Recently, the Ministry of Construction has advised the Government to submit to the National Assembly for approval the Housing Law (amended), the Real Estate Business Law to replace the 2014 Housing Law, the 2014 Real Estate Business Law.
These two laws have amended and supplemented many contents related to the responsibilities and obligations of investors in implementing housing construction investment (including apartment buildings). This aims to publicize real estate information, ensure transparency in housing development, and protect customers in apartment purchase and sale transactions.
Specifically, Article 37 of the Housing Law stipulates that the handover of housing to buyers or hire-purchasers shall only be carried out after the completion of the acceptance of the housing project. Article 39 stipulates that within 50 days from the date of handover of the housing to the buyer or from the date the hire-purchaser has fully paid the agreed amount, the investor must submit a dossier requesting the competent authority to issue a pink book to the buyer.
Article 6 of the Law on Real Estate Business also stipulates the disclosure of information on projects and future housing (location, scale, construction progress, usage functions, etc.). The new law also stipulates the disclosure of information on available housing such as: certificates of ownership of housing. In particular, there are provisions on handling violations in the delay in granting pink books for apartment buildings to buyers.
On the home buyer's side, to avoid the situation where the investor delays in handing over the pink book, it is necessary to proactively learn carefully about the legal information of the housing project, the investor's reputation, and have the right to request the investor to provide information about the project according to the law.
Buyers also need to carefully study the contents and agreements of the sales contract to protect their legitimate rights and interests. At the same time, promptly report and make recommendations to competent authorities when detecting violations by investors in construction investment and housing transactions.
Mr. Nguyen Duc Lap (Director of Real Estate Research and Training Institute): A standard procedure is required for disassembly.
In addition to the investor's responsibility, there are many other reasons such as overlapping legal regulations, lack of close monitoring by state agencies, and lack of handling and prevention of violations. Most of the problems in issuing pink certificates can be seen from the project implementation stage but are not handled promptly. When the pink certificates are issued, they are difficult to handle because the time is too long, the regulations change, and the process is inconvenient.
To remove obstacles in issuing pink books, ministries and branches must have specific instructions, even issue a standard procedure for localities to implement. Old obstacles need to have a mechanism to remove and thoroughly handle before issuing pink books to home buyers.
From this point onwards (when the new Land Law, Housing Law and Real Estate Business Law come into effect), state agencies must have measures to closely monitor new projects so that they do not get stuck, and the delay in granting pink books to home buyers in new projects will end.
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