Apartment building promises fall short

When Nguyen Tien Dung moved into the My Vinh building in District 3, he expected to be able to use the kindergarten, gym and food shop within the premises.

Dung had been promised by the building's owner. Thy Trade and Services, that such services were part of his purchase. But the facilities still do not exist.

Many apartment buyers in the city have lodged complaints similar to Dung' s, according to speakers at a seminar organised by the Ministry of Construction and the HCM City's Real Estate Association on November 29.

In response, the city is expected to launch an inspection of apartment buildings and petition the People's Committee to penalise investors who make such false claims, according to Nguyen Van Hiep, deputy head of the city's Department of Construction, who spoke at the seminar.

The disputes between apartment buyers and investors appears to centre on Article 70 of the Housing Law, which states that buyers have a right to use common facilities within apartment buildings.

Lawyer Truong Thi Hoa said the disputes between apartment owners and builders originate from inadequate regulations over use and ownership of common spaces in apartment buildings.

For example, the Ministry of Construction's Decision 08 - on management and use the of apartment buildings - lacks detailed regulations, according to Hoa.

Further muddying the issue is the lack of clarity from guiding documents on Article 70, which has resulted in varying interpretations of the law. Minister of Construction Nguyen Hong Quan said the city should hire a consultant to give guidance to apartment buyers.

To help clarify matters, he said the ministry was devising a new contract form that would designate the rightful owner of common spaces within apartment buildings and specify whether common services, such as a gym, would be included as part of the apartment purchase. (VNS)