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However, the fact that the implementation of certification in Hanoi still face many difficulties and obstacles.
Last weekend, the Standing Committee of the Hanoi People’s Council met at the Department of Natural Resources and Environment on the results of land registration, issuance of land use right certificates and house ownership and other assets attached to land in the city.
According to the report of Hanoi Natural Resources and Environment Department, by the end of 02/2017, Hanoi has issued certificates to more than 1.3 million land plots, accounting for 90.46%. There are more than 252,000 land plots have not been issued certificates, of which 55,658 parcels are eligible for certification, the remaining land is difficult to obtain.
For the housing development projects, there were 279 projects, investors submitted dossiers to the Department of Natural Resources and Environment, 178,278 apartments were sold and handed over. Up to now, 146,884 apartments have been issued certificates, reaching 82.39%, and 31,394 apartments have not been issued the certificates.
The Hanoi Department of Natural Resources and Environment has set up many working groups in the districts, joining the specialized team of the city to solve the problems in each area.
Mr. Nguyen Huu Nghia said that from the beginning of 2016, this agency advised the City to issue many documents and organized the implementation of the paper. At the same time, the Department also instructs the districts to carry out professional content and monthly deal with the land users directly. Department directly has to have many conferences with all investors who have the housing development projects in Hanoi, directly deal to remove obstacles, support the investors to make the dossier to issue the paper to the home buyers.
“We even had to go to the administration of each building to make a paper declaration. Then the administrative reform, receiving direct records from the home buyers without the investors, “said Nghia.
Although there have been many positive changes in the past time, in order to meet the deadline of June 2017, the land use right certificate will be basically granted to organizations, individuals and households in accordance with the Resolution Of the National Assembly and the Prime Minister’s Directive, Hanoi still has many issues that need the guidance from the relevant agencies.
At the housing development projects, through evaluation of 279 projects, Mr. Nghia said, there are many reasons leading to the status of housing is not eligible for the paper. The process of urbanization, market
Real-estate fluctuates, develops “hot”, leading to many investors deploy projects massively, violate land legislation, violate construction law.
Some construction projects are not in accordance with the detailed planning, the design or license. The violations range from increasing the area, increasing the density of the building, increasing the number of floors, increasing the number of flats, transforming technical floors into offices or dwellings, transforming the service floors into commercial ones. …
Many projects transfer or change the land uses purpose, but do not carry out the procedures as prescribed, violate the land law. Haven’t completed the legal procedures, but the investor has built and sold houses. There have been the cases which land was allocated to agencies and units for the housing construction unit but had been divided into workers.
Some projects have not yet fulfilled the financial obligation on land, land use levies. In some cases, due to violations of land legislation leading to financial obligations, but not yet processed.
Not to mention, there are many projects, houses have been completed, handed over to customers, but the investors delayed to submit dossiers to carry out procedures to issue certificates to the home buyers. When the owner fails to submit the file, the management agency has no basis to issue the paper.
According to Mr. Nghia, there are many cases, buyers are delayed by the investor, or mortgaged purchase contract at the bank, so there is not enough paperwork necessary to carry out procedures for certification. A lot of apartments are bought and sold. In these cases, the buyer does not submit the papers to complete the procedure of issuing the certificate.
There are also the overlapping policy issues, inconsistencies, slow guidelines, many changes, difficult to implement … these issues make the issuance of certificates to the project is unsold, “Mr. Nghia said.
There are more than 1,000 housing development projects in Hanoi, but only 279 have been sold and handed over to the Department of Natural Resources and Environment for certification. There are many projects that have been handed over, but not submitted the document leading to the home buyers cannot complete the procedure.
In addition to the issue of books for the project, the issuance of books for individuals and households is also difficult.
Statistics from the Hanoi Department of Natural Resources and Environment show that in the 252,000 parcels without certificates have more than 12,000 land plots were plagued by planning. Many of the areas in the planned projects, but not yet deployed, should affect people’s lives.
At a meeting of Ha Noi’s People’s Council with Thanh Xuan district last week, a leader of Ha Dinh ward, where a large number of families in the greenery planning around Ha Dinh Lake, has risen the reality of the low-roofed house, not being built by planning delays. While this is a stretch area, the residents live first, the planning is followed.
Instruction of Ha Noi Party Committee and Ha Noi People’s Committee all require to deal with the remaining problems, but the problems in the Ha Tinh area, Thanh Xuan district are waiting for direction to resolve.
In addition, in the Hai Ba Trung district, Thanh Xuan district … there are many cases using land originated in violation of the law. The verdict of the court has already reclaimed the land, the inspection conclusions have suggested the withdrawal, but so far not recovered. Households and individuals are still managing and using.
In this case, the Department of Natural Resources and Environment recommends that, if the land is used stable and in accordance with the planning, there is no dispute or litigation, the Department of Justice shall coordinate with the Court to review the comment and consider granting the certificate to the people.
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