LIST OF ABBREVIATIONS
Civil Code | |
BTNMT | Ministry of Natural Resources and Environment |
BTP | Ministry of Justice |
CP | Government |
Labor | Land Law |
ND | Decree |
State Bank of Vietnam | Vietnam Bank for Agriculture and Rural Development South branch of Dien Bien province |
QSDD | |
SDD | Land use |
TCQSDD | Mortgage of land use rights |
TCTD | Credit institution |
TTLT | Joint Circular |
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LIST OF TABLES
Table 3.1: Area and structure of land types in Dien Bien province in 2017 41
Table 3.2: Purpose of capital use of cases participating in land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, period 2013-2017 51
Table 3.3: Statistics of subjects participating in land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch over the years 2013-2017 54
Table 3.4: Statistics on land types participating in land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, period 2013 - 2017 58
Table 3.5: Total value of assets participating in mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Provincial Branch 62
Table 3.6: Value of land use rights participating in mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch by administrative unit in the period 2013 - 2017 65
Table 3.7: Number of applications for mortgage registration of land use rights at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, period 2013-2017 69
Table 3.8: Status of mortgaged assets being land use rights at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, period 2013 - 2017 72
Table 3.9: Statistics on the number of cases of land use rights mortgage cancellation at the Vietnam Bank for Agriculture and Rural Development, Dien Bien province branch, period 2013-2017 74
Table 3.10: Statistics on the number of cases of land use rights mortgaged assets being handled to recover debts at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, period 2013-2017 76
Table 3.11: Statistics of information of survey participants on land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch 78
Table 3.12: Statistics on the purpose of using capital to mortgage land use rights at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch. 79 Table 3.13: Statistics on land types participating in mortgage of land use rights at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch. 80
Table 3.14: Statistics on capital levels that the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, lends when participating in land use rights mortgage 82
Table 3.15: Statistics on the number of trips during the process of mortgaging land use rights to borrow capital at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch 83
LIST OF IMAGES AND CHARTS
Figure 3.1: Administrative diagram of Dien Bien province 31
Figure 3.2: Mortgage procedure for land use rights of the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch 47
Chart 3.1: Structure of entities participating in land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, 2013-2017 55
Chart 3.2: Statistics on the number of land plots participating in land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch in 2017 60
Chart 3.3: Growth rate of cases of land use rights mortgage registration at the Bank for Agriculture and Rural Development 71
Chart 3.4: Satisfaction rate of people in Dien Bien province when participating in land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch 84
THESIS INFORMATION
Student name: Ngo Yen Ngoc Class: CH2B.QDD Course: 2
Instructor: Dr. Nguyen Thi Hai Yen
Topic name: "Evaluation of the current status of land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch"
Main contents researched in the thesis and results achieved:
Mortgaging land use rights is one of the traditional, popular and regular loan security measures in banking credit activities. Dien Bien province in recent years, along with the development of socio-economy. The demand for loans of people is increasing.
Land use right mortgage activities are much more dominant than other asset mortgage activities (accounting for about 90%). Typically, in 2017, the statistics of land use right mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, showed an increase of 2,443 land plots participating in land use right mortgage activities, with a value of up to 3,159,979 million VND. According to the survey results, 98% of the total votes felt satisfied and only 2% of the total votes felt dissatisfied after participating in land use right mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch.
During the process of mortgaging land use rights at the Vietnam Bank for Agriculture and Rural Development, Dien Bien branch, there are still certain difficulties. From there, solutions are proposed such as legal education and propaganda, investment in infrastructure construction, and improving staff skills to better serve the people in the whole Dien Bien province.
INTRODUCTION
1. Urgency
Nowadays, commercial banks play an increasingly important role in regulating the national economy. In banking activities, lending is the basic activity, bringing the most benefits to the bank itself and is also the basic need for capital of borrowers. Land is a special type of property, owned by the entire people, with the State as the representative owner. Land use rights are a property right or in other words, it is also a type of property, so it is also the subject of property mortgage. Therefore, land use rights mortgage also has the common characteristics of property mortgage. However, because the subject of land use rights mortgage is a type of "special property", the law has specific, strict and separate regulations on land use rights mortgage.
Mortgaging land use rights is one of the traditional, popular and frequent loan security measures in banking credit activities due to the outstanding advantages of this type of asset (real estate with high value and high stability). Accordingly, the lender (credit institution) agrees with the borrower (borrower) on using land use rights as collateral for the loan. The agreement is expressed in the form of a contract. The land use rights mortgage contract must be made in writing, notarized, authenticated and registered in accordance with the law on registration of secured transactions. In case the customer cannot repay the loan and if the two parties do not have another agreement, the land use rights will be processed to recover the debt.
The law on mortgage of land use rights is composed of legal documents such as: Land Law, Civil Law, Banking Law... Through each historical period, it can be seen that the law always has appropriate adjustments.
changes in society, economy,... However, each legal system has certain limitations and shortcomings, many regulations are not consistent, overlapping, contradictory, this has caused many shortcomings in practical application, causing difficulties for households, individuals, businesses and banks.
Currently, the level of urbanization and integration is rapid. The banking system is promoting the socio-economy, helping people have many opportunities to invest in business and develop the economy, improving sustainable life. However, besides the positive factors, there are many cases where it is very difficult to put land use rights into operation in the credit market smoothly, negatively affecting social stability as well as the rights and legitimate interests of the parties.
Dien Bien province is located in the northwest of the country, a mountainous area, bordering Laos and China. The people here are mainly ethnic minorities, doing agriculture, with low education level, little understanding of the law and exploiting their own rights. This leads to people being hesitant when they need to mobilize capital for personal purposes and encountering many difficulties.
Vietnam Bank for Agriculture and Rural Development is a unit with a wide network in most districts and towns of Dien Bien province. It is trusted by the people of the whole province and has an extremely important position in credit activities in general and in the mortgage of land use rights to borrow capital for personal purposes in particular.
In that context, I chose to research the topic: " Evaluating the current status of land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch"
2. Research objectives
Assess the current status of land use rights mortgage at the Vietnam Bank for Agriculture and Rural Development, Dien Bien province branch according to the provisions of the 2013 Land Law.
Proposing solutions to improve the efficiency of land use rights mortgage activities in Dien Bien province.
3. Scientific and practical significance of the topic
Study the law on land use rights mortgage, including specific understanding of the concept and characteristics to prove that land use rights mortgage is a measure to secure loans that is commonly and frequently applied, thereby creating opportunities and conditions for land users to access capital to develop production and business, on the other hand, creating opportunities for credit institutions to expand and perform well the role of financial intermediary, bringing credit capital to all subjects in need of capital in society.
Based on the assessment of the current status of land use rights mortgage activities at the Bank for Agriculture and Rural Development of Vietnam, Dien Bien province branch, practical application, analysis of shortcomings and problems surrounding regulations on land use rights mortgage, the thesis proposes recommendations and solutions to improve the effectiveness of current legal regulations on land use rights mortgage.