The law contributes to perfecting regulations on registration of ownership of houses and construction works in our country.
3. Research purpose and tasks
3.1. Research purpose
The research aims to:
- Systematize and contribute to the development of theoretical and practical basis for perfecting the law on registration of ownership of houses and construction works;
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- Identify the shortcomings and inadequacies of the law on registration of ownership of houses and construction works based on the assessment of the current implementation status in comparison with the laws of some countries in the world in this field;
- Propose orientations and solutions to contribute to improving the law on registration of ownership of houses and construction works.
3.2. Research tasks
Based on the above purpose, the research tasks of the topic are determined as:
- Collect, review and comment on Party documents and State policies related to the protection of property rights in general and the registration of ownership of houses and construction works in particular;
- Collect, systematize, and analyze regulations directly related to registration of ownership of houses and construction works in Vietnam;
- Evaluate and review reports summarizing the implementation of laws on registration of ownership of houses and construction works in Vietnam;
- Research the State's macro-level policies and solutions on managing the registration of ownership of houses and construction works;
- Collect, compare and contrast current regulations on registration of ownership of houses and construction works with relevant regulations of a number of countries in the world.
4. Research object and scope
The law on registration of ownership of houses and construction works is a topic with broad research content and is related to many other legal fields.
However, within the limited scope of a Master's thesis in law, the author only focuses on studying the current regulations directly related to the registration of ownership of houses and construction works. These regulations are contained in the following laws:
- The Constitutions of 1946, 1959, 1980 and 1992;
- Civil Code (CC) 2005;
- Law on Construction 2003;
- Housing Law 2005;
- Investment Law 2005;
- Law on Real Estate Business 2006;
And the guiding documents for implementation are applied in Vietnam.
Male.
5. Research methods
To achieve the research objectives of the topic, the thesis used the following methods:
The main research methods are as follows:
- Research methodology of dialectical materialism and historical materialism of Marxism-Leninism; Ho Chi Minh thought and the Party's viewpoints and guidelines on building a multi-sector market economy in general and property ownership in particular;
- The synthesis, comparison, contrast, historical methods... are used in Chapter 1 to study theoretical issues on the law of registering ownership of houses and construction works;
- The method of analysis, commentary, and inductive method are used in Chapter 2 when studying the legal status of registration of ownership of houses and construction works;
- The method of interpretation, argumentation, and analysis is used in Chapter 3 when researching, developing orientations and solutions to unify and perfect the law on registration of ownership of houses and construction works.
6. New contributions of the thesis
The thesis is researched and demonstrates scientific value through the following basic contributions:
- Comprehensively systematize the theoretical basis of housing and construction ownership registration activities as well as laws in this field in Vietnam;
- Evaluate Vietnamese law on registration of ownership of houses and construction works in comparison with the laws of some countries in the world on this issue, in order to identify the advantages and limitations, shortcomings as well as the causes of the shortcomings as a basis for proposing solutions;
- Provide orientations and some solutions to contribute to perfecting and unifying the law on registration of ownership of houses and construction works to meet the requirements of industrialization, modernization and international economic integration.
7. Thesis layout
In addition to the introduction, conclusion and list of references, the content of the thesis includes 3 chapters:
- Chapter 1: Overview of theoretical issues on the law of registration of ownership of houses and construction works;
- Chapter 2: Current status of Vietnamese law on registration of ownership of houses and construction works;
- Chapter 3: Orientation and solutions to unify the law on registration of ownership of houses and construction works in Vietnam.
Chapter 1
Overview of theoretical issues on the law of registration of ownership of houses and construction works
1.1. Concept of housing and construction works
1.1.1. Concept, characteristics and classification of housing
1.1.1.1. Concept and characteristics of housing
Currently, housing is considered one of the most valuable assets of each household and individual. According to Article 1 of the 2005 Housing Law, housing is "a construction for the purpose of residence and serving the living needs of households and individuals ". Thus, to be called housing, it is necessary to meet two factors:
Firstly, housing must be a construction work created by humans through labor combined with construction materials and equipment attached to the house through scientific and technical measures for construction (must be a construction work according to the provisions of the law on construction);
Second, this construction work is built to serve the housing needs and other regular living needs of households and individuals such as: to maintain life, to be a cultural space for a group of people with family relationships (marriage relationships, blood relationships, foster relationships) living together in one house, to be a place to worship ancestors, a place to exchange and meet members of many generations, of the family, to serve the need to maintain the lineage...;
In fact, the phrase "housing" is not always understood in its true nature. In the field of sociology, many people often use the phrase "accommodation" instead of "house"; in the field of security, the phrase "housing" is sometimes replaced by the phrase address or residence (temporary or permanent residence) of each individual when officials and civil servants in the industry perform public duties... If understood in the usual way, talking about accommodation means talking about the place of residence, the place of living, the residence of each person. However, accommodation cannot replace the name "house", because accommodation is a general term, referring to a place of residence in a space.
and at a certain geographical location of a person, does not describe the shape, characteristics, luxury of the place of residence. Everyone has a place of residence, a place of residence, but that place of residence may not be called a house, because it does not meet the criteria of a house according to the provisions of housing law. For example: living on a boat, on a floating house, living in slums...;
To distinguish houses from construction works or places of residence, housing law has given the following characteristics of houses:
Firstly, houses must be built by humans according to specific design standards and regulations and built with materials prescribed by the State;
Second, housing must always be attached to land, have sufficient conditions for classification and classification according to regulations and have a certain lifespan;
Third , housing must be designed with full functionality to serve the living and working needs of households and individuals, such as: having a living room, a common room, a kitchen, and ancillary facilities (bathroom, toilet); in which the ancillary facilities can be built in a closed system within the same apartment or built separately.
Currently, in the goal of striving to build our country into a rich, strong country, with a fair, democratic and civilized society, the State has considered the criteria for people to have decent housing and adequate area as second only to the criteria for food. Striving for people to have a rich life also means creating conditions for everyone to have housing according to prescribed standards, because housing not only reflects the criteria of "rich people" but is also one of the criteria for having a "civilized, modern" life.
Thus, in essence, housing is only built for residential purposes. The design and construction of housing must be suitable for the living and working needs of households and individuals.
1.1.1.2. Housing classification
The Housing Law introduces the concept of housing to distinguish between housing and other types of buildings that are not housing such as offices, restaurants, hotels and other construction works, thereby helping relevant agencies easily apply the law when implementing.
implementing state management activities. Housing is built to serve the residential purposes of many different subjects in society. Depending on the construction purposes of different users, there are many different housing development methods. Accordingly, housing invested in and developed by organizations and individuals for sale or rent according to market demand is called commercial housing; housing built by households and individuals is called individual housing; housing invested in and built by the State to arrange for subjects who are cadres and civil servants subject to mobilization and rotation to rent is called official housing; and housing invested in and built by the State or organizations and individuals for social subjects with low incomes to rent or rent-purchase is called social housing. The method of determining housing development methods based on the user as above is only relative, mainly serving as a basis for the State to have preferential mechanisms in investing in developing these types of housing, not to serve the management work after construction investment.
In addition to the above-mentioned classification of housing development methods, the housing law also bases on the types of materials used to build houses, the quality of houses and the equipment attached to houses to classify houses into different levels, from level 1 to level 4; in which level 4 houses are the lowest quality and the highest level is level 1. There are also temporary houses, but this type of house is not included in the list of house classification, because it is only built with temporary materials, not meeting the standards for house classification according to regulations. The classification of houses into 4 levels is for a number of purposes:
One is to determine the age (lifespan) of the house. For example, the prescribed life span of a level 4 house is 20 years, while the life span of a level 1 house is 80 years;
Second, to determine the investment rate of 1m2 of housing. Housing has different levels.
have different construction costs (investment costs), for example: level 1 houses have higher investment rates than level 4 houses;
Third, to calculate the selling price and taxes and fees when doing financial procedures with state agencies. Housing with different construction costs will have different selling prices and financial contributions;
Based on the purpose of use and origin of construction, the 2005 Housing Law and its implementing documents have divided housing into the following types:
- Apartment building: is a house with two or more floors, with walkways, stairs and infrastructure systems used by many households and individuals, and is the place of residence and living of many households and individuals. In the previous subsidy period, this type of house was mainly invested in by the State and partly taken over from the old regime to distribute to officials and employees. When switching to a market economy, the State abolished the subsidy mechanism on housing, old apartment buildings were gradually priced and sold to households renting them. Currently, in addition to the old apartment building fund mentioned above, new commercial apartment buildings have been established and are becoming increasingly popular in urban areas and large cities where population density is high and land area is limited.
There are two types of apartment buildings, including high-rise apartment buildings and low-rise apartment buildings. According to the provisions of the law on construction, high-rise buildings are buildings with 9 floors or more, while low-rise buildings are buildings with less than 9 floors. The above classification is to apply technical standards and regulations in construction to ensure safety during use.
- Adjacent houses: Are houses built adjacent to each other (also known as townhouses) on the street, street frontage or in alleys, lanes... Houses are built close to each other but do not share walls or foundations. This type of house usually has a frontage facing the street, alley, or lane. Adjacent houses are a type of individual house attached to the independent land use rights of households and individuals. The construction area of the house is equal to or smaller than the land use area. Depending on each type of urban area, the State regulates the design standards, the construction of adjacent houses is also different. This type of house is usually low-rise (maximum height of about 8 floors) and is designed for a household to use separately, independently, not for many households to use together like an apartment building.
To ensure urban landscape and architecture, housing laws have stipulated that townhouses in projects must ensure a minimum construction area of 50m2 and have
The frontage width is not less than 5m. The law does not control the maximum construction area or height of this type of house, but according to the urban architecture management regulations of each locality, depending on the type of urban area and each housing development project, this type of house has a construction area of about 80m2 to 100m2 , on a land area of about 100 to 120m2 and the investor is only allowed to build a maximum height of no more than 4 floors.
- Villa: This is a separate house with a yard, garden (trees, lawns, flower gardens...), a fence and a separate entrance. The villa has full rooms, living rooms (dining room, bedroom, common room...), auxiliary rooms (toilet, kitchen, warehouse, garage...). One floor has at least 2 rooms facing the yard or garden, with high or relatively high equipment and amenities; one, two or three sides facing the road or street. Villas are similar to townhouses in that they have separate, independent land use areas. This is a special type of house and has the highest exchange value on the market. Due to the large construction area and land use area, high construction investment costs, the price of this house is often much more expensive than other types of houses. Currently, villas are often built in commercial housing projects or rural areas with favorable land conditions. The number of villas invested in construction in each housing development project is not much to serve a small number of people with financial capacity.
Current housing laws do not regulate the minimum land area for building villas, but there are regulations on design standards for this type of house, according to which villas cannot be built with more than 3 floors and the construction area must not exceed 50% of the land area. According to current Vietnamese construction standards, the minimum land area of a single villa is about 250m2 / unit and a semi-detached villa is about 140m2 / unit. In fact, depending on each housing project, the land area used to build each villa also fluctuates from about 180m2 to 500m2 , with an average of about 350m2 .