A decade without a title deed leaves Linh Đàm residents facing two unfavorable options: return the apartment for a refund or swap for an equivalent unit at Thanh Hà Urban Area

Residents living in the HH Linh Đàm high-rise area in Hoàng Liệt Ward, Hanoi, have expressed disagreement with two options proposed to address alleged investor violations: returning the apartment in exchange for a refund of the purchase price, or exchanging it for an equivalent apartment in the Thanh Hà Urban Area. The feedback is being collected through a survey sent to residents related to projects led by Private Enterprise No. 1 of Điện Biên Province (Bemes) as the investor.

Survey proposals and residents’ responses

According to the survey, authorities are collecting residents’ views on how to handle the investor’s alleged violations for both cases where buyers purchased directly from the investor and cases where apartments were purchased from individuals. Two options are presented:

• Return the apartment to receive back the purchase price.
• Compensate with another apartment of equivalent value at Thanh Hà Urban Area.

Residents are also allowed to propose other solutions if they do not agree with the two options above. The survey additionally requests information including apartment characteristics and purchase price. For buyers who purchased directly from the investor, respondents are asked whether they were notified in advance that the apartment might not be granted a land-use rights certificate.

Background: construction and legal completion issues

HH Linh Đàm has been widely known for construction violations and rezoning issues. Documents cited in the article indicate the project was approved for 27 floors, while actual towers reach 36–41 floors, exceeding the approved plan. Thousands of units have not yet received legal completion or “pink slips” (land-use rights certificates).

Despite the lack of pink slips for many units, apartment prices have reportedly increased sharply over time. At launch in 2015, prices were about 13.5–15.5 million VND per m2 (roughly 700 million to over 1 billion VND per apartment). By 2024–2025, secondary market prices commonly rose to 35–45 million VND per m2, with some units reaching 50 million VND per m2.

Residents say neither option is acceptable

Many residents argue that neither proposed option adequately addresses their situation in practice.

Mr. Phúc: refund or relocation would disrupt long-term life

Mr. Phúc, a resident in building HH3, said his family has lived there for many years, making it difficult to accept either returning the apartment or moving elsewhere. He said the issue is not only the value of the asset but also the long-term attachment to the home, including investments of time and effort to stabilize life, from work to children’s schooling.

He argued that receiving money at the original purchase price is not reasonable given real estate price increases over nearly ten years. In his view, a refund at the original price would likely be insufficient to buy an equivalent apartment in the same area or nearby. He also said buyers would suffer a significant loss through no fault of their own.

Regarding the exchange option, he said it is also not fully convincing because moving involves additional costs and risks to living standards, infrastructure, and the living environment.

“We want to stay and be granted pink slips for the purchased apartment, rather than choosing between two options that are both detrimental,” Mr. Phúc said.

Mr. Việt: buyers face “double loss” under a single mechanism

Mr. Việt, who repurchased an apartment in 2025 for more than VND 2.6 billion, said both options place buyers at a disadvantage—especially those who repurchase at market prices. He described this as a “double loss,” arguing that buyers who repurchase at market prices higher than the original purchase price would suffer greater losses if a single mechanism is applied.

He said the buyer pays at market price, but applying the original price would be unfair. Mr. Việt proposed a more reasonable calculation approach to protect the rights of different buyer groups.

Legal perspective on contract disputes and remedies

Lawyer Tran Vi Thoai, Director of IB Legal Vietnam, said the matter is primarily a civil relationship arising from the apartment sale contract between the investor and the buyer. For apartments that fall under construction beyond approved floors or permits, transactions face high risk of annulment due to failure to meet legal conditions for sale.

In such cases, the legal consequences would be handled under the Civil Code 2015. The parties would return what they have received, and the party at fault would compensate for damages. The lawyer said buyers have grounds to demand the return of money paid and compensation for actual damages.

However, the lawyer noted that demanding payment at market price is not an automatic consequence of invalid contracts. It can only be considered if the parties reach an agreement or if buyers can prove actual damages.

“Options such as taking back money, exchanging for another apartment, or continuing to stay are essentially negotiation matters between the parties. If no agreement is reached, the dispute will ultimately be resolved in court,” the lawyer noted.

Call for timely solutions

With the situation still unresolved, many HH Linh Đàm residents are urging authorities to provide quick solutions to protect legal rights and stabilize homebuyers’ lives.

Duy Anh