HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
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PHAM QUYNH LAN
LAND USE RIGHTS LEASE AGREEMENT
MASTER'S THESIS IN LAW
HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
PHAM QUYNH LAN
LAND USE RIGHTS LEASE AGREEMENT
Major : Economic Law
Code : 60 38 01 07
MASTER'S THESIS IN LAW
Scientific advisor: Associate Professor, Dr. Nguyen Thi Que Anh
COMMITMENT
I hereby declare that the Thesis is my own research work. The results stated in the Thesis have not been published in any other work. The figures, examples and quotations in the Thesis ensure accuracy, reliability and honesty. I have completed all subjects and paid all financial obligations as prescribed by the Faculty of Law, Vietnam National University, Hanoi. Therefore, I write this Declaration to request the Faculty of Law to consider so that I can defend the Thesis.
Thank you very much!
GUARANTEE
Pham Quynh Lan
LIST OF ABBREVIATIONS
BLDS: Civil Code
LĐĐ: Land Law
QSDD: Land use rights
Land user: Land user
GCNQSDD: Certificate of land use rights
Cover Page Pledge Table of Contents
List of abbreviations
INDEX
Page
INTRODUCTION 1
CHAPTER 1 6
THEORETICAL ISSUES ON LAND USE RIGHT LEASE AND LAND USE RIGHT LEASE CONTRACTS 6
1.1. General overview of land use rights and land use rights lease. 6
1.1.1. Concept and characteristics of land use rights 6
1.1.2. Concept and characteristics of land use right lease 13
1.1.3. The role of land use rights leasing in a market economy 18
1.2. General overview of land use right lease contract 19
1.2.1. Concept and characteristics of land use right lease contract 19
1.2.2. Contents of land use right lease contract 25
1.2.3. Form of land use right lease contract 26
CHAPTER 2 31
LEGAL STATUS ON LAND USE RIGHT LEASE CONTRACTS 31
2.1. Overview of Vietnamese law on land use right lease and land use right lease contracts from 1993 to present 31
2.1.1. Period from 1993 to 2003 31
2.1.2. Period from 2003 to present 33
2.2. Subject of land use right lease contract 36
2.3. Subject of land use right lease contract 38
2.4. Rights and obligations of the parties in the land use right lease contract 42
2.4.1. Rights and obligations of the lessor 42
2.4.2. Rights and obligations of the lessee 45
2.5. Procedures and formalities for registration of land use right lease 50
2.5. Termination of land use right lease contract 52
2.6. Current status of law application in resolving disputes over land use right lease contracts 53
CHAPTER 3 58
DIRECTIONS AND SOLUTIONS TO IMPROVE THE LAW 58
ON LAND USE RIGHT LEASE CONTRACT 58
3.1. Directions for perfecting the law on land use right lease contracts 58
3.2. Some solutions to improve the law on land use right lease contracts 60
3.2.1. Perfecting legal regulations on the form and content of contracts 60
3.2.2. Perfecting legal regulations on the effective time of contracts 62
3.2.3. Perfecting legal regulations on land lease conditions 63
3.2.4. Completing some other regulations on land use rights lease 65
3.3. Some supplementary solutions to improve the quality of law enforcement on land use right lease contracts 66
CONCLUSION 72
LIST OF REFERENCES 74
APPENDIX 1
INTRODUCTION
1. Urgency of the topic
From ancient times to the present, land has always been considered a valuable natural resource, and human history has witnessed many wars arising from the struggle for this invaluable asset. Land is often mentioned as a special means of production, as the location for distributing residential areas and economic sectors, as a basic part of the national territory, but more importantly, land is one of the most important components of the living environment [33], a place that witnesses the growth and development of mankind, a place associated with it, are extremely great historical, material and spiritual values.
After more than four thousand years of history of building and defending the country, every inch of land of the Vietnamese homeland today is the result of the struggle and sacrifice of generations of people. During the feudal period and the period of colonial and imperialist invasion, the land was always in the hands of the ruling class, until the success of the August Revolution, the birth of the Democratic Republic of Vietnam, the land truly belonged to the people. The first Land Law of our country was promulgated after the success of the August Revolution on December 29, 1987, affirming that "land belongs to the entire people and is managed by the State", however, the land law at this time only stipulated that "The State ensures that land users enjoy legal rights on the assigned land, including the right to transfer and sell the fruits of labor and investment results on the assigned land when the land is no longer used and the land is assigned to others for use according to the procedures prescribed by law" [31, Article 3]. With the promulgation of the 1992 Constitution, many important contents were changed, on that basis, the 1993 Land Law concretized the spirit of the Constitution, marking a new turning point when allowing subjects to have the right to transfer, lease, and lease land.
Land use right lease, this is the basic premise for land relations to operate in accordance with the market mechanism. Following that spirit, the 2003 Land Law and most recently the 2013 Land Law continue to regulate the transfer of land use rights including conversion, transfer, lease, sublease, inheritance, mortgage, guarantee, donation, capital contribution with land use rights. In recent years, in addition to land use right transfer transactions, land use right lease transactions have become more and more popular due to their flexibility, simplicity and suitability to the economic conditions of production and business entities. Along with the development of the economy, the more land use right lease transactions are carried out, the more conflicts, disputes and violations of the law arise in this activity. This is the main reason for students to research and understand the legal nature of land use right lease contracts, thereby contributing opinions and perfecting land law. From the above reasons, the student decided to choose the topic " Land use rights lease contract" as the topic of the master's thesis.
2. Research status of the topic
In recent times, research by experts and scientists has focused mainly on the current state of the law and the practical application of the law on the transfer of land use rights and the land use rights market, such as the doctoral thesis in law "Theoretical and practical basis for donating land use rights" by author Nguyen Hai An, the master's thesis in law "Land use rights transfer contract - Theoretical and practical issues" by author Nguyen Hoai Nam, the master's thesis in law "Building and perfecting the law on the land use rights market in Vietnam" by author Nguyen Thi Nga, the doctoral thesis in law "Law on the transfer of land use rights in real estate business in Vietnam" by author Nguyen Thi Hong Nhung, the master's thesis in law "Some issues on the transfer of land use rights" by author Nguyen Hai An, the master's thesis in law " Some issues on the transfer of land use rights" by author Nguyen Hai An, the master's thesis in law "Some issues on the transfer of land use rights" by author Nguyen Hoai Nam, the master's thesis in law " Contracts for the transfer of land use rights - Theoretical and practical issues" by author Nguyen Hoai Nam, the master's thesis in law " Building and perfecting the law on the land use rights market in Vietnam " by author Nguyen Thi Nga, the doctoral thesis in law " Law on the transfer of land use rights in real estate business in Vietnam" by author Nguyen Thi Hong Nhung, the master's thesis in law "Some issues on the transfer of land use rights" by author Nguyen Hai An ...The law on the transfer of land use rights in real estate business in Vietnam " by author Nguyen Thi Hong Nhung, the master's thesis in law " Some issues on the transfer of land use rights" by author Nguyen Hai An, the master's thesis in law "The law on the transfer of land use rights " by author Nguyen Hai An, the master's thesis in law " The law on the transfer