LIST OF ABBREVIATIONS AND TERMS
STT
ABBREVIATIONS | MEANING | |
1 | CN – Construction | Industry - construction |
2 | GCN | Certificate |
3 | Economic - Social | Economic - social |
4 | QSD | Right of Use |
5 | SD | Use |
6 | Secondary School | Junior High School |
7 | TM – DV | Trade - Services |
8 | TX | Town |
9 | People's Committee | People's Committee |
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1
INTRODUCTION
1. Urgency of the topic
Land use right transfer is one of the basic rights of land users as stipulated in the 2013 Land Law. In fact, land use right transfer is an activity that has been taking place regularly and continuously from the past to the present and has existed in many diverse forms. However, it was not until the 1993 Land Law was enacted that land use right transfer was systematically regulated in terms of forms of transfer, as well as procedures for implementing those rights. According to the 1993 Land Law, land users can participate in 5 forms of land use right transfer: conversion, transfer, lease, inheritance and mortgage of land use rights. During the implementation process and after 2 amendments and supplements (in 1998 and 2001), land use right transfer activities were supplemented with new forms, achieving significant achievements, contributing to the improvement of state management of land and promoting the development of our country's economy. In these two amendments, there is an additional form of transfer of rights, which is "capital contribution by land use right value". However, this economy is increasingly developing, especially in the field of land, which is becoming more and more vibrant and diverse, and the 1993 Land Law has revealed many inappropriate points. Therefore, the 2003 Land Law was born to overcome the shortcomings of the 1993 Land Law. Until the 2013 Land Law, the issues of land use right transfer are regulated more strictly and specifically about the number of forms of transfer of rights and procedures for transfer of rights as well as many other related issues.
Vi Xuyen is located in the key economic zone of the province. In recent years, with the attention and investment of the Central Government and the province, the close direction of the Provincial Party Committee - People's Council - Provincial People's Committee, the effective support of the provincial departments, branches and organizations, along with the efforts of the cadres and people in the whole district, Vi Xuyen has achieved encouraging results. The district's socio-economic development has been constantly developing, the development speed and economic growth rate have always been high. In order to proactively attract investment and seize opportunities to create momentum for development, in the coming time, the district will focus on promoting planning and site clearance to build infrastructure for industrial parks and clusters, quickly completing Binh Vang industrial park and industrial clusters.
Tung Ba and Trung Thanh industrial parks and put them into operation. Complete the planning of commune and town centers. The district will also create all conditions for investors to speed up the progress and complete hydropower plants such as Suoi Suu 1, 2; Thanh Thuy 1,2; Song Lo 2,3,4 (Vi Xuyen District People's Committee, 2010) ... It can be seen that in recent years, along with the general development of the whole country, the urbanization speed of the district has also taken place quite strongly, with such rapid urbanization causing the land in the area to fluctuate quite strongly, many residential areas have sprung up, meaning population development, so the transfer of land use rights has taken place quite vigorously and complicatedly, especially in recent years, the implementation of the rights and obligations of the State representing the owner and land user in land management and use has achieved many remarkable achievements but still faces many difficulties in the process of implementing the Land Law. Therefore, to see the existing problems and weaknesses in the state management of land in general and in ensuring the rights and obligations of the State and land users in the process of land management and use, we need to objectively evaluate the achieved results and draw lessons from them to manage and use land most effectively.
Based on the above issues, I conducted research on the topic: "Evaluation of the transfer, donation and inheritance of land use rights in Vi Xuyen district, Ha Giang province in the period 2015 - 2017".
2. Objectives of the topic
- Assess the current status of land use rights transfer, donation and inheritance in Vi Xuyen district, Ha Giang province in the period 2015 - 2017.
- People's assessment of the transfer, donation and inheritance of land use rights in Vi Xuyen district, Ha Giang province.
- Analyze the advantages and disadvantages and propose some solutions to improve the efficiency of land use rights transfer, donation and inheritance in Vi Xuyen district, Ha Giang province.
3. Scientific and practical significance of the topic
3.1. Significance in learning and scientific research
Supplement the knowledge learned in class, learn, acquire practical knowledge and experience and better understand the State management of land, specifically the transfer of land use rights.
3.2. Practical significance
From the research process, the topic helps to find out the advantages and difficulties of land use rights transfer in general and land use rights transfer, donation and inheritance in particular, draw lessons and propose some solutions to overcome, contributing to speeding up the progress of land use rights transfer.
1.1. Scientific basis
Chapter 1
DOCUMENT OVERVIEW
1.1.1. Concept of land use rights transfer
Article 3 of the 2013 Land Law sets out the specific concept of land use rights transfer as follows (Land Law, 2013):
Land use rights transfer is the transfer of land use rights from one person to another through the forms of conversion, transfer, lease, inheritance, donation of land use rights and capital contribution using land use rights.
1.1.2. Conditions for transferring land use rights
Article 188 of the 2013 Land Law regulates the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights; and contribute capital using land use rights. This is a newly regulated content (Land Law, 2013).
1. Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights; and contribute capital using land use rights when the following conditions are met:
a) Have a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
b) Land has no disputes;
c) Land use rights are not subject to seizure to ensure enforcement of judgment;
d) During the land use period.
2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage land use rights, and contribute capital using land use rights, land users must also satisfy the conditions specified in Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The conversion, transfer, lease, sublease, inheritance, donation, mortgage of land use rights, and capital contribution using land use rights must be registered with the land registration authority and take effect from the time of registration in the land registry.
1.1.3. Time to exercise land user rights
Article 168 of the 2013 Land Law stipulates the time for exercising land user rights as follows (Land Law, 2013).
1. Land users are entitled to exercise the rights to transfer, lease, sublease, donate, mortgage, and contribute capital to land use rights when they have a Certificate. In the case of converting agricultural land use rights, land users are entitled to exercise their rights after a decision on land allocation or land lease is issued; in the case of inheriting land use rights, land users are entitled to exercise their rights when they have a Certificate or are eligible to be granted a Certificate of land use rights, house ownership rights, and other assets attached to land.
In case the land user is allowed to delay the performance of financial obligations or is allowed to owe financial obligations, he/she must complete the financial obligations before exercising the rights.
2. The time when the person transfers the land use rights in a housing construction investment project for sale or lease; transfers the land use rights and simultaneously transfers the entire project for an infrastructure construction investment project for transfer or lease after having the Certificate and meeting all the conditions prescribed in Article 194 of this Law.
1.1.4. Some regulations on receiving land use rights
Article 169 of the 2013 Land Law stipulates the receipt of land use rights as follows (Land Law, 2013).
1. The recipient of land use rights is defined as follows:
a) Households and individuals are allowed to receive the transfer of agricultural land use rights through land use right conversion as prescribed in Point b, Clause 1, Article 179 of this Law;
b) Economic organizations, households and individuals are allowed to receive land use rights through transfer of land use rights, except for the cases specified in Article 191 of this Law; Vietnamese people residing abroad are allowed to receive land use rights through transfer of land use rights in industrial parks, industrial clusters, export processing zones, high-tech zones and economic zones.
Foreign-invested enterprises are allowed to receive transfer of investment capital as land use rights value according to Government regulations;
c) Organizations, households, individuals and residential communities are allowed to receive land use rights transfer through receiving land use rights as a gift according to the provisions in Point c, Clause 2, Article 174 and Point e, Clause 1, Article 179 of this Law, except for the cases prescribed in Article 191 of this Law;
d) Organizations, households, individuals and residential communities are allowed to receive land use rights through inheritance of land use rights;
d) Overseas Vietnamese who are eligible to own houses in Vietnam according to the provisions of the law on housing are allowed to receive the transfer of land use rights through the form of purchase, hire-purchase, inheritance, or donation of houses attached to land use rights or are allowed to receive land use rights in housing development projects;
e) Economic organizations and joint venture enterprises receive land use rights transfer through capital contribution in the form of land use rights;
g) Organizations, households, individuals, residential communities, religious establishments, and overseas Vietnamese are entitled to receive land use rights through land allocation by the State; foreign-invested enterprises are entitled to receive land use rights through land allocation by the State to carry out investment projects to build houses for sale or for sale combined with lease;
h) Economic organizations, self-financed public service organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises, and foreign organizations with diplomatic functions are entitled to receive land use rights through land lease by the State;
i) Organizations, households, individuals, residential communities, and religious establishments are entitled to receive land use rights through the State's recognition of land use rights for land that is being used stably;
k) Organizations, households, individuals, Vietnamese people residing abroad, and foreign-invested enterprises are entitled to receive land use rights according to the results of successful conciliation of land disputes recognized by the People's Committee at competent levels.
acknowledgement; agreement in mortgage contract to settle debt; decision of competent state agency on settlement of land dispute, complaint, denunciation about land, decision or judgment of People's Court, decision on enforcement of judgment of enforcement agency that has been executed; document recognizing the result of auction of land use rights in accordance with law; document on separation of land use rights in accordance with law for households or groups of people with common land use rights;
l) Residential communities and religious establishments are entitled to receive land use rights according to the results of successful conciliation of land disputes recognized by the People's Committee of competent authority; decisions of competent state agencies on settlement of land disputes, complaints and denunciations about land, decisions or judgments of People's Courts, and enforcement decisions of enforcement agencies that have been enforced;
m) An organization that is a new legal entity formed through separation or merger according to the decision of a competent agency or organization or a document on separation or merger of an economic organization in accordance with the law is entitled to receive land use rights from the organizations that are legal entities that are separated or merged.
2. Households and individuals are allowed to receive land use rights transfer regardless of their place of residence, except for the cases specified in Clauses 3 and 4, Article 191 and Article 192 of this Law.
1.1.5. Procedures for transferring land use rights
Article 79 of Decree 43/2014/ND-CP stipulates the procedures for transferring land use rights, specifically as follows (Government, 2014).
1. Land users submit 01 set of documents to exercise the rights of land users and owners of assets attached to land.
In case of exercising the rights of a land user over a part of a land plot, the land user shall request the Land Registration Office to measure and separate the plot for the area where the rights of a land user need to be exercised before submitting the application for exercising the rights of a land user.
2. The land registration office is responsible for checking the documents. If the conditions for exercising the rights as prescribed are met, the following tasks shall be performed: