No Inspection of Construction Status Allowed During Property Registration Changes in Ho Chi Minh City

According to the perspective of the Ho Chi Minh City Department of Natural Resources and Environment, requiring an inspection of construction status when processing housing registration changes is inconsistent with current legal regulations and administrative reform policies. Mr. Nguyen Toan Thang, Director of the Ho Chi Minh City Department of Natural Resources and Environment, officially confirmed this view in a notice sent to the city's Land Registration Office, emphasizing that such inspections are unnecessary and contrary to the goal of optimizing administrative procedures.

Recently, many citizens have reported that during the process of handling property registration changes for houses and attached structures that have already been issued certificates of ownership (Red Book), some branches of the Land Registration Office still require an inspection of the construction status. This has caused significant inconvenience, wasted considerable time, and notably reduced citizens' satisfaction, violating the spirit of administrative reform and modernization of state governance. Such unnecessary procedures have led to unnecessary complexity, increased pressure on citizens, and made processes that should be streamlined and efficient more cumbersome.

Mr. Nguyen Toan Thang stressed that requiring an inspection of houses and construction status is an additional procedure without a clear legal basis. This practice is contrary to the government's administrative reform policy, which aims to simplify administrative procedures and improve document handling efficiency. These cumbersome procedures not only waste citizens' time and money but also decrease the efficiency of administrative bodies, creating unnecessary barriers for organizations and individuals seeking to realize land ownership and usage rights. The requirement to add these procedures also increases the risk of abuse of power, providing opportunities for negative elements in the management process.

According to the provisions of Decree 101, for houses and structures that have been issued ownership certificates, when processing registration changes, the receiving agency is only allowed to refuse or suspend processing if there is a request from other competent authorities. Thus, the branches of the Land Registration Office have no authority to independently conduct construction status inspections during the registration change process. This regulation aims to ensure transparency and consistency in the land registration process, limit inappropriate interference from local authorities, and thereby protect the legal rights of citizens. It also helps avoid overlapping responsibilities among agencies and ensures uniformity in state management.

Moreover, Ho Chi Minh City has issued regulations that clearly delineate the responsibilities for managing construction order, which fall under the jurisdiction of the Department of Construction and district- and commune-level People's Committees. Inspecting, detecting, and handling construction order violations are the duties of appointed officials, civil servants, and inspectors. This clear division of responsibilities helps enhance the efficiency of state management, avoids the shirking of duties among functional agencies, and ensures that all construction works strictly adhere to planning and construction regulations, thereby contributing to maintaining urban order.

As of now, Ho Chi Minh City has issued over 182,000 Pink Books to residents in the first six months of 2024, a significant increase compared to the same period last year. This is the result of ongoing efforts by competent authorities to simplify procedures and improve document processing efficiency. Land revenue reached VND 17,050 billion, an increase of 56% compared to 2023. Ho Chi Minh City is accelerating the issuance of Pink Books to ensure citizens' legitimate rights while generating revenue for the national budget, thereby promoting infrastructure and public project development. This growth is not only reflected in budget revenue but also shows significant improvements in administrative procedures, creating more favorable conditions for residents and investors.

On November 5th, the People's Committee of Ho Chi Minh City established a special task force to address issues related to the issuance of land use rights and property ownership certificates for commercial housing projects within the city. This task force includes representatives from various related agencies such as the Department of Natural Resources and Environment, Department of Construction, and district-level People's Committees, ensuring coordinated and synchronized efforts in handling difficulties. The goal of the task force is to expedite the issuance of Pink Books, resolve long-standing issues, protect the rights of homebuyers, and enhance public confidence in the legal system. The establishment of this task force reflects the city's commitment to addressing difficulties and improving the efficiency of issuing land use rights certificates, which has been a source of public dissatisfaction in recent times.

Addressing various inadequacies in the procedures for registering property changes is an important step towards improving the quality of public administrative services, helping citizens more easily register and utilize property ownership, and thereby fostering the sustainable development of Ho Chi Minh City's real estate market. When administrative procedures are simplified and made more transparent, citizens' trust in the state management system will be strengthened. This is not only a key factor in improving administrative efficiency but also a necessary condition to attract more investment resources into the real estate market. A convenient and efficient administrative environment will promote safer, more transparent, and more sustainable real estate transactions.

The establishment of the task force and the simplification of administrative procedures are concrete measures aimed at ensuring the legitimate rights of citizens, helping them feel legally secure about their properties. This reform not only has a positive impact on the real estate market but also contributes to improving the quality of life for Ho Chi Minh City residents. The city's strong commitment to administrative reform, enhanced transparency, and the creation of a favorable legal environment will be the foundation for building a healthy, friendly, and sustainable real estate market. These efforts not only help reduce the pressure on administrative bodies but also improve the efficiency of state management, thereby bringing practical and comprehensive benefits to the community.