Land Law 2003, Civil Code 2005, Housing Law 2005 and Real Estate Business Law 2006 and guiding documents. Only then can we clearly see the relationship between home ownership, land use rights and the role of procedures and order of recognition of home ownership, land use rights and their transactions in the real estate market. The above analysis and research will contribute to clarifying the shortcomings of current laws on this issue and on that basis, make recommendations to overcome the overlap of related regulations and procedures.
From the above analysis, I have chosen the topic " Aspects of land use rights associated with housing ownership rights under Vietnamese law " for research.
3. Purpose and scope of research
Land use rights and home ownership rights are legitimate rights of owners and users. They not only help owners and users solve the essential living needs of a person's shelter, but are also increasingly becoming an important transaction object of the market economy. From the characteristics of State ownership of land, the relationship between the State and land users needs to be resolved more flexibly so that the above rights become rights that are not just nominal. So how is the granting of this right marked by the State through the granting of certificates being carried out? Is it effective? Has it really played a role in promoting the development of the market economy? Therefore, the purpose of the research topic is based on the views of the Party and the State on land and housing policies, policies on developing the market economy and together with practice to clarify the consistency in the implementation of home ownership rights and land use rights; Study the provisions of Vietnamese law on housing ownership and land use rights associated with housing, thereby finding solutions to improve the law on land use rights.
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Land use rights associated with housing ownership to promote the healthy development of the real estate market in a market economy.
This is a complex topic related to land, housing and real estate market. However, in relation to the land field, the thesis, in addition to general theoretical issues on land use rights, mainly focuses on residential land, which is land attached to housing. Therefore, the scope of the research topic is determined within the scope of current laws regulating housing ownership, land use rights and real estate market (Civil Code 2005, Land Law 2003, Housing Law 2005, Real Estate Business Law 2006 and guiding documents), without foreign elements.
4. Research methods
To make the topic highly effective in practice, in the process of researching the topic, the author used research methods such as.
+ Dialectical materialism method
+ Historical method
+ Comparison method
+ Analysis method
+ Synthesis and evaluation method
5. New scientific contributions of the thesis
Through the process of researching and analyzing legal regulations on land use rights, house ownership rights, land use rights associated with house ownership rights, the thesis has the following new points: The thesis has analyzed and evaluated the theoretical basis of land ownership issues; legal regulations on land use rights associated with house ownership rights and the relationship between them. Based on those assessments, the author also proposed a number of solutions to contribute to further improving the legal regulations on land use rights associated with house ownership rights and issues related to this content that need to be resolved.
When the laws on home ownership and land use rights are linked, binding, and mutually supportive, it will not only soon solve the housing problem but also bring about healthy development of the real estate market, contributing to promoting the development of our country's young economy in the right direction.
6. Structure of the thesis
In addition to the Introduction, Conclusion and References, the Thesis consists of three chapters:
Chapter 1. General issues on land use rights and land use rights associated with housing ownership rights.
Chapter 2. Legal provisions on land use rights associated with housing ownership rights.
Chapter 3. Solutions to improve the law on land use rights associated with home ownership rights in Vietnam.
CHAPTER 1
GENERAL ISSUES ON LAND USE RIGHTS AND LAND USE RIGHTS
ASSOCIATED WITH HOME OWNERSHIP
1.1. General concepts of land use rights
1.1.1 Land ownership and land use rights
Land, a valuable natural resource, has always been considered a top priority factor of the living environment, a particularly important and irreplaceable means of production. Therefore, land ownership has always been a fundamental issue of every regime that has existed in the historical periods of our country. Throughout our country's history, there have been different regulations on land ownership. If in the 1946 Constitution we established many forms of land ownership, by the 1953 Land Reform Law we had two main forms of ownership remaining: State ownership and farmer ownership, then by the 1959 Constitution we recognized three forms of ownership including: State ownership, Collective ownership and Private ownership of land. In the 1980 Constitution and again in the 1992 Constitution, the land ownership regime was established as: Land is owned by the entire people and managed by the State (Articles 17 and 18 of the 1992 Constitution). The current regime of ownership of land by the entire people in our country is not unique in the world, but in the past in a number of countries, both socialist and capitalist countries, the issue of State ownership of land existed. The regime of State ownership of land naturally leads to the formation of the land use rights regime.
Land use rights, regulations, conditions, and forms of land use by individuals and organizations. The land use regime is determined by the dominant production relations in society [38, p. 513]. Land use rights are the right to exploit the useful properties of land to serve the goals of national economic development. “ It is a special type of property - means of production, limited and fixed in space in terms of area but existing indefinitely in time and capable of being
long-term profitability " [27, p. 8]. This is a special advantage of land compared to other means of production. Thus, land use rights are first of all an economic right, the right to exploit the useful properties of land to serve the socio-economic development goals of the country, it satisfies the needs and brings material benefits to the users in the process of land use [39, p. 92]. This right answers the question: what is the purpose of having land use rights? Of course, those are the economic benefits that the subjects naturally aim for, that is, to bring income, build houses, do business, make a living associated with their profession, etc. So when the land owner has income, it will more fully demonstrate the economic ownership of the land use right.
The State generally protects land users in the following rights: To be granted a land use right certificate; to enjoy the fruits of labor and investment on land; to enjoy benefits from State projects on the protection and improvement of agricultural land; to receive guidance and assistance from the State in improving and enriching agricultural land; to be protected by the State when others infringe upon their legitimate land use rights; to complain, denounce, and sue about violations of their legitimate land use rights and other violations of land laws (Article 105 of the 2003 Land Law). As the representative of land owners, the State does not directly use land but assigns it to organizations, households, individuals, or foreign investors for long-term, stable use through the development and approval of land use plans and projects to determine the purpose of use for each specific type of land. Therefore, when those rights are violated or not protected, land users have the right to request State protection.
The right to participate in civil transactions on land such as the right to convert, transfer, lease, sublease, inherit, donate land use rights; the right to mortgage, guarantee, contribute capital using land use rights; the right to be compensated when the State reclaims land (Clause 1, Article 106 of the 2003 Land Law). Land users are entitled to exercise
These rights are exercised when the following conditions are met: Having a land use right certificate; the land is not in dispute; the land use right is not seized to ensure enforcement of judgment; within the land use term. This right was first recognized in the 1993 Land Law, and continued to be inherited and developed in the Law amending and supplementing a number of articles of the 1998 and 2001 Land Laws and the 2003 Land Law. The right to choose the form of land use is stipulated in Article 108 of the 2003 Land Law. Based on financial capacity and investment needs, benefiting from land use, land users choose the most beneficial form of land use to exploit the land effectively. If they have financial capacity, they will receive land with payment, if their financial capacity is weak, they will rent land, if they want to use it stably and long-term, they will switch from land lease to land allocation with payment. This is a new right added in the 2003 Land Law, demonstrating the concern and protection of the rights and legitimate interests of land users, creating conditions for land users to choose the most effective and suitable form of land use.
Land ownership and land use rights are not identical for the following reasons:
Firstly , “ Land ownership is a complete and entire right ” [38, p. 93], it includes the basic rights of possession, use and disposal , while land use rights do not have all the powers like ownership rights. Secondly, not everyone who has legal land use rights has the right to transfer the entire land use rights (Clause 1, Article 106 of the 2003 Land Law). For example, when an economic organization is leased land by the State in the form of paying annual land rent, it only has the right to mortgage, guarantee, and contribute capital with its own assets attached to the leased land, but is not allowed to exercise the rights to transfer, mortgage, guarantee, and contribute capital with the leased land use rights (Article 111 of the 2003 Land Law). Thirdly , “ not for any type of land, the user has all nine powers ” as prescribed by law [38, p. 94].
1.1.2. Legal characteristics of land use rights
Land use rights as a legal institution have the following characteristics:
Firstly, “ Land use rights are derivative rights ” from land ownership rights [38, p. 93].
Like owners of other properties, land owners have the right to possess, the right to use and the right to dispose of. However, the characteristics of the land ownership regime under Vietnamese law have given land use rights much broader powers than those of an owner. Land use rights are separated from land ownership rights and become a separate institution. With the regime of ownership of land by the entire people, with the State representing and uniformly managing and exercising the power of the owner, the State grants land use rights to organizations and individuals through many forms and turns them into subjects with the right to use land but not the right to own land, although in reality, in many cases, land users have been land owners for many generations. The State guarantees land users the right to exploit and use land, especially in the implementation of civil transactions on land.
Second, land use rights are a type of property rights.
According to the Vietnamese Dictionary, ownership is understood as " The right to possess, use and dispose of one's property " [31, p. 787], meaning that the property owner has three basic powers: the right to possess, the right to use and the right to dispose in the set of rights of the subject to the object. Thus, the right to use land is one of the three basic powers in the set of rights of the land owner. According to the provisions of Article 181 of the 2005 Civil Code, the right to use land is a property right " a right with value in money and can be transferred in civil transactions " . This right is assigned by the State to economic organizations, households, individuals in the country, Vietnamese people residing in Vietnam.