A Hanoi draft resolution says apartment buyers in projects with violations may complete procedures to receive property certificates after developers fulfil their financial obligations.
The draft resolution of the Hanoi People's Council sets out a special mechanism for handling land and construction violations at 12 projects linked to businessman Le Thanh Than. The city proposes rules for issuing certificates of land-use rights and ownership of land-attached property to homebuyers.
The projects include the HH1, HH2, HH3 and HH4 apartment complexes in Linh Dam, Hoang Liet Ward. Buyers there have not received certificates because of legal problems that have continued for years.
According to an impact assessment by the Hanoi Department of Construction, projects linked to Le Thanh Than's companies have multiple violations involving land, planning and construction. Certificates have been issued for some apartments at VP3, VP5, CT6 Kien Hung and CT5 Tan Trieu, while VP6 and HH1, HH2, HH3 and HH4 in Linh Dam have not received them.
To address the problems, the draft says that after a developer fulfils its financial obligations, including repayment of unlawful gains from construction violations and land-related payments, it must complete the documents and send them to the competent authorities so certificates can be issued to homebuyers.
The draft also would allow homebuyers to file applications directly if a developer has fulfilled its financial obligations but has not completed the documents for the authorities.
In that case, the authority responsible for issuing certificates must receive and process the application according to the rules.
For structures allowed to remain, financial obligations include repayment of unlawful gains from construction violations. The amount would be based on the extra floor area compared with the plan or permit, multiplied by the construction price when the structure was actually put into use and by 50%.
Land-related payments would be calculated using the land price in the official price table multiplied by a coefficient set by the city People's Committee when it approves keeping the structure in its current form.
According to the draft submission, the special mechanism is intended to resolve long-running problems at 12 projects, protect homebuyers' lawful rights, and fully collect land-related payments and unlawful gains from construction violations.
The city also says that allowing a violating structure to remain under the special mechanism does not legalise the violation or invalidate effective inspection conclusions, court judgments or enforcement decisions.
The Hanoi People's Committee will decide the specific list of structures, parts of structures or areas that may remain, remain subject to conditions, or be demolished. The decision will be based on reviews and assessments by specialised agencies.
More than 10 years without certificates: residents fear relocation
A Dantri reporter visited the HH Linh Dam complex. Many residents said they were worried because it remains unclear whether they can continue using their apartments or whether the buildings will be included in a relocation plan.
Quynh, a resident of the 35th floor of HH3A, said her family had lived there for more than 10 years but still had no certificate. After learning about the plan to handle the violations, she was most worried that the family's life, including the adults' work and the children's schooling, would be disrupted.
Dao Van Nam, 72, who lives on the ninth floor, was also concerned about compensation if residents have to move. He said the amount of money was important, but residents also needed to know whether it would be enough to buy another home and how officials would address families' schooling and daily life.
Pham Van Nhe, born in 1953, supported the city's plan to handle the violations but asked that relocated households receive suitable accommodation and that conditions for the children's and grandchildren's daily life and education be protected.
For apartments allowed to remain, Nhe hopes the long-running legal problems will be resolved so homebuyers can receive their certificates.
Sources: Dân Trí
