Implementation of the law on the right to transfer, contribute capital, and mortgage land use rights of land users in Vietnam today

civil or not; in the case of land subject to land recovery that has been mortgaged at a bank or is being seized or auctioned to execute a judgment or decision of the Court, can the State recover it or not? How is compensation for the mortgagee in that case resolved?; (iii) Supplementing regulations allowing mortgage acceptance using land use rights and assets attached to leased land with annual rental payment; amending the regulations in the 2013 Land Law on "mortgage, guarantee using land use rights" to "mortgage using land use rights" to be consistent with the provisions of the Civil Code.

2.5.2. Solutions on organizing the implementation of laws on the rights to transfer, contribute capital, and mortgage land use rights

2.5.2.1.Improving the business environment

The 2013 Land Law specifically stipulates the rights of individuals and organizations using land, including the rights to transact land use rights (LURC). In addition to the Land Law, the Civil Code and other relevant documents also stipulate quite specifically how to exercise the rights and obligations of individuals and organizations using land.

However, currently, to carry out transactions related to land use rights, people need to go to many different agencies and organizations such as notaries (or commune-level People's Committees), tax offices, land use rights registration offices... This leads to individuals and organizations having to spend a lot of time because they have to learn and travel to many agencies to carry out administrative procedures, leading to increased costs.

Maybe you are interested!

Also according to current regulations, in the process of implementing a series of procedures related to contracts and real estate transactions, individuals and organizations must prepare many different sets of documents to resolve at competent agencies and organizations with duplicate documents and unnecessary documents.

The settlement of administrative procedures in the chain of procedures occurs in a state of separation between notarization and registration of land use rights and assets attached to land, so efficiency is reduced.

State management is not high, so illegal acts such as fraud in terms of usage rights, fake documents, concealment of property disputes, tax evasion, etc. can be committed. In some cases, due to fear of troubles when performing contracts

In transactions, people authorize notary organizations to complete the remaining procedures, but there is no interconnected mechanism and no State supervision, causing people to incur high service costs.

In order to simplify administrative procedures, create favorable conditions for individuals and organizations in carrying out procedures related to real estate transactions; at the same time, link responsibilities in handling administrative procedures between agencies and organizations in carrying out the chain of procedures on the rights of individuals and organizations regarding land and assets attached to land, contributing to directly impacting the socio-economic development in general, there should be initiatives to connect notarization procedures, registration of land use rights, assets attached to land and taxes.

2.5.2.2. Institutionalizing the interconnection model

Based on the current regulations and implementation of the above procedures, it is expected that the interconnection process will connect notary organizations, land use rights registration offices and tax authorities. Accordingly, the person requesting notarization (individual or organization) will only directly contact the notary organization.

Here, the person requesting notarization declares his/her will regarding the transfer, donation, mortgage, capital contribution, etc. of land use rights and assets attached to land. After receiving the notarization request dossier, the notary organization is responsible for contacting relevant agencies and organizations such as land registration offices, tax offices, and construction offices to look up and verify information to ensure the authenticity and legality of the contract and transaction contents.

Notary organizations also organize for parties to directly sign contracts and transactions in front of notaries; on behalf of the parties, contact tax authorities and land use rights registration offices to carry out registration procedures.

Sign land and property changes, pay taxes and return the final results to individuals and organizations requesting notarization.

If this interconnected model is applied, it is expected to reduce the burden of administrative procedure compliance costs for individuals and organizations because they only have to travel twice (instead of 8-10 times as at present) with one focal point being the notary organization.

Furthermore, the interconnection process also simplifies, shortens, and eliminates repetitive procedures and document components between procedures. Institutionalizing the interconnection model will create conditions for public and transparent service fees authorized for notary organizations, giving people the opportunity to enjoy quality services at reasonable prices.

2.5.3. Solutions to improve the capacity of propaganda and law enforcement when transferring, contributing capital, and mortgaging land use rights

Up to now, the 2013 Land Law has only been implemented for a short time, so in order to facilitate the implementation of the provisions of the Land Law on transfer, capital contribution, and mortgage of land use rights, ensuring the interests of land users and the interests of the State, in the coming time we need to improve the capacity to propagate land law in general and the provisions of the Land Law on the rights to transfer, capital contribution, and mortgage of land use rights in particular, especially specific provisions on the conditions for exercising the rights of land users; conditions for investors to receive land use rights to implement investment projects; administrative procedures when exercising these rights... The propaganda and training of the Land Law, Decrees and Circulars guiding the implementation of the 2013 Land Law must ensure the leadership and direction of the Party and the regulations of the Central Government.

Regularly organize training courses to improve the propaganda capacity of those working in land management. In order to propagate and popularize

Disseminate current land law policies widely to land users, mobilize land users to voluntarily comply with legal regulations in general and when conducting transactions in the land use rights market.

Along with strengthening and improving the quality of the staff working in the dissemination and education of land law, at all levels of Party committees, authorities, and land management agencies, it is necessary to clearly orient the content that needs to be disseminated and disseminated in each period, on the basis of closely following the Party's guidelines and policies, the State's legal policies in socio-economic development, ensuring national defense and security and in accordance with the requirements of the political tasks of the sector and locality, from the characteristics of the area and the propaganda objects to develop and implement a plan to disseminate and propagate the provisions of land law, including the provisions on transfer, capital contribution, and mortgage of land use rights; linking the dissemination and propaganda of land law provisions with the practical implementation of the law. ... The correct and appropriate orientation of the content of propaganda has been effective, contributing to raising awareness of the law and the sense of law observance of officials and people. In addition to content orientation, it is necessary to innovate the form of dissemination and propaganda of land law provisions to suit the characteristics of the subjects and localities to convey land law in general and the law on transfer, capital contribution, and mortgage of land use rights in particular to the people. Forms of dissemination and propaganda of traditional land law provisions continue to be improved and implemented in a variety of ways such as: oral propaganda, compilation and publication of documents, propaganda on mass media; organizing law learning competitions, integrating legal content into cultural and artistic competitions; model of law clubs at the grassroots level; legal bookcases; grassroots mediation activities; legal aid activities, legal advice. Through teaching and learning law in schools, it has helped officials and people easily access and understand the law. In addition,

Many forms of propaganda and dissemination of new land law regulations have been implemented, such as: Application of information technology in the dissemination and dissemination of land law regulations. Websites of the Government, ministries and branches all have separate directories updating the content of relevant legal regulations... Signing commitments not to violate the law for subjects such as members of organizations, people in residential areas; investigating and surveying public opinion to collect feedback information, grasp the needs and requirements of the law to determine appropriate content and propaganda measures are also highly effective. Dissemination and education through public opinion gathering sessions on the content of draft laws, draft legal documents... also create favorable conditions for people to access the law right from the drafting stage.

CONCLUDE

The Constitution of the Socialist Republic of Vietnam and the provisions of the law on land stipulate that land belongs to the entire people, with the State as the representative owner and unified manager. Only the State has three powers: the right to possess, the right to use and the right to decide on land. Other entities (land users) are only granted the right to possess and use the land area allocated, leased and recognized by the State, but they do not have the right to decide on land. However, the law also stipulates the rights to transfer, contribute capital, and mortgage land users - with the goal of protecting their legitimate rights and interests and encouraging economic development...

Regulations on the rights and obligations of land users in general and regulations on the rights to transfer, contribute capital, and mortgage land use rights of households, individuals, and enterprises are among the basic regulations of land law; regulations on land users having the right to transfer, mortgage, and contribute capital using land use rights were born since the 1993 Land Law was promulgated and continued to be inherited, amended, supplemented, and perfected in the 2013 Land Law to meet the requirements of land management and use in the period of continuing to promote industrialization, modernization of the country, and international integration. These regulations have contributed to building and promoting the development of the real estate market in our country and creating a close connection between the land market and the capital market. The practical application of regulations on transfer, mortgage and capital contribution using land use rights shows that besides undeniable successes, some contents of current laws also reveal shortcomings and limitations that hinder production and business activities.

In practice, when land users exercise their rights to transfer, contribute capital and mortgage land use rights in localities for very diverse purposes, including legitimate and illegitimate purposes such as receiving transfers and contributing capital to land use rights for "money laundering", "tax evasion", "bribery"... this has made the land market economy increasingly complicated, and legal regulations are not strong enough to regulate the relationships in the transfer, mortgage and contribution of capital to land use rights for land users.

The provisions of the law on land do not have equality in the payment of land rent and the right to mortgage the right to use leased land to borrow capital at credit institutions between domestic organizations and individuals with Vietnamese people residing abroad, foreign organizations and individuals investing in Vietnam.

The current market economy (financial market, credit market, real estate market, stock market, labor market, science and technology market...) in the world in general and in Vietnam in particular has strongly impacted the economy of Vietnam in the current period. The market economy, besides creating incentives for domestic and foreign enterprises to develop, also makes it very difficult for many enterprises in production and business activities, especially in the period when the credit market has high interest rates, the real estate market has hot times, and frozen times, which has had a great impact on investors. Virtual land prices also lead to difficulties for households, individuals, and enterprises in transferring, contributing capital and mortgaging land use rights. The situation of waiting, waiting for the right time, and litigation arising in land-related transactions is inevitable in the current market economy.

Administrative procedures when land users are households, individuals, and enterprises exercising the right to transfer, contribute capital, and mortgage land

Land use rights have been basically improved in the direction of simplifying administrative procedures, procedures under the "One-stop" mechanism have partly created favorable conditions for land users to take advantage of time, effort and money in the process of carrying out their transaction procedures, the 2013 Land Law and Decrees and Circulars have specifically regulated and guided the order and administrative procedures when land users exercise the right to transfer, contribute capital and mortgage land use rights, creating conditions for households, individuals and businesses to participate in the land market in general and the real estate market in particular to be more vibrant; However, with the current market economy, when services, consulting... are strongly developing, the needs of land users in the process of implementing the right to transfer, contribute capital and mortgage land use rights are increasing, administrative procedures in the land sector have shown many points that are not suitable with reality, so the completion of administrative procedures in the land sector, especially procedures in the transfer, capital contribution and mortgage of land use rights, is very necessary.

Tax, fee, charge and monetary policies in the current stage of the market economy have had a great impact on households, individuals and enterprises when exercising the right to transfer, contribute capital and mortgage land use rights; although our State has issued financial policies suitable for the market economy with the impact of international financial mechanisms, due to fluctuations in the financial system that do not follow certain rules, the adjustment of the law in financial stages still has a significant impact on land users when exercising their rights, thereby partly affecting the awareness of financial obligations of households, individuals and enterprises towards the State when they exercise their rights according to the provisions of law.

Implementation of the law on the right to transfer, contribute capital, and mortgage land use rights of land users in Vietnam today - 10

Comment