Law on tourism real estate business in Vietnam

LIST OF REFERENCES 185

APPENDIX 1 198

APPENDIX 2 201

INTRODUCTION

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1. Urgency of the topic

Since the implementation of the renovation policy initiated by our Party in 1986, transforming the economy into a socialist-oriented market economy, many new types of businesses have emerged and developed strongly, including real estate business. This type of business is attractive due to the high rate of return on investment capital. The strong development of the real estate market in the world and in Vietnam in recent times is proof that this market has been and is a central market, a bridge with strong connections to the capital market, the labor market, the raw material market and other types of service markets in the economy; they have great appeal and play an important role in stimulating and creating momentum for other markets in the market economy to develop, contributing to maintaining macroeconomic stability and promoting economic growth in recent years.

Economic growth has led to the continuous improvement of people's living standards and the positive impact of international integration has made tourism one of the country's key economic sectors. This has created a need to provide a large number of high-quality tourism real estate products such as luxury hotels, luxury resorts, tourist apartments (condotels), tourist villas (resort villas), tourist townhouses (shoptels), commercial townhouses (shophouses) ... Realizing that this is a potential market with great room for development, many domestic and foreign investors and real estate investment corporations have invested in providing many high-quality tourism real estate products. The tourism real estate market segment is developing strongly in coastal localities with strengths in developing resort tourism or areas and localities with potential and strengths in forest tourism, traditional cultural tourism, spiritual culture, culinary culture and tourism serving entertainment, exploration, adventure... which were previously absent in the market. It is forecasted that in the near future, tourism real estate will continue to develop strongly along with socio-economic development and especially the growth of the tourism industry. Besides the meaning of infrastructure serving tourism, tourism real estate brings great benefits to the

related parties. The operation of tourism real estate contributes to solving employment for workers, increasing revenue for the state budget from value added tax, corporate income tax, personal income tax. In the context of the increasingly popular sharing economy, tourism real estate is a particularly suitable form to increase investment profits with vacation sharing agreements.

The real estate business law has been formed and regularly amended and adjusted, creating a legal framework to put the real estate market into oriented operation, with a common legal mechanism for entities to enter the market, to carry out investment and business activities and comply with state management. However, to have a suitable and synchronous legal corridor for a market with many specific characteristics in terms of products, investment and project operation such as the tourism real estate market, we are really lacking many specific regulations. In fact, the system of policies and laws on tourism real estate business in our country has not kept up with the vibrant and strong development of this market segment. Many localities are confused in managing tourism real estate products, many tourism real estate products have been born, have been traded on the market but still do not have an official name, many bottlenecks and barriers of the market but there is no legal mechanism or there is but it is not complete, specific and suitable to solve effectively. Objectively, it can be affirmed that the tourism real estate market has and is still having a large gap in terms of strategic orientation for completion and development. A series of issues and questions are raised for the tourism real estate market that currently do not have satisfactory answers such as: what is tourism real estate, what products are included, how investors can access land through what method is reasonable to implement investment projects for each type of tourism real estate product on the basis of consistency without creating "precedent unique to each locality"; the issue of establishing ownership of tourism real estate for customers; The investor's responsibility in fulfilling commitments to customers buying tourist real estate... Along with that, there is a need for a legal system in which freedom of business is guaranteed, the market is stabilized, the rights of related parties are protected, and effectiveness and efficiency are ensured.

State management avoids arbitrariness. Moreover, with the desire for a comprehensive, unified, and appropriate legal corridor, capable of adapting to the increasingly diverse development of the market, attracting more and more large domestic and foreign investors to turn "dead" lands, lands that have been "forgotten" in the past into new lands, turning real estate in its original, potential form into valuable real estate, on the basis of sustainable development; contributing to promoting production development, contributing to economic growth, social stability and improving people's lives.

From the current situation of the lack of specific legal regulations to regulate the arising issues and demands of the tourism real estate market as mentioned above, along with the wishes and expectations for a healthy and prosperous tourism real estate market in the future, contributing significantly to making Vietnam a tourism powerhouse in the future, the PhD student chose the topic "Law on tourism real estate business in Vietnam" as his doctoral thesis in law.

2. Research purpose and tasks

2.1. Research purpose

The research objectives of the thesis are:

First, build a legal theoretical foundation to regulate the tourism real estate market.

Second, find out the limitations and shortcomings in the regulations of the current legal system, along with the bottlenecks in the practice of law enforcement in the real estate market in general and the tourism real estate market in particular and the causes of those limitations and shortcomings.

Third, seek solutions to perfect the law and improve the effectiveness of law enforcement to regulate the tourism real estate market in a specific, complete and comprehensive manner, ensuring effective State management of the market, ensuring market rules and international integration; ensuring safety for market participants; maximizing the potential and strengths of the tourism real estate market segment on the basis of sustainable development.

2.2. Research tasks

Based on the research purpose, the thesis identifies specific research tasks as follows:

Firstly, systematize and clarify theoretical issues on tourism real estate, tourism real estate market and legal theory regulating tourism real estate market based on discussion of concepts, terms, the role of tourism real estate market in economic, political and social life and the objective necessity of legal regulation of tourism real estate market; clearly define the content and requirements of the law regulating tourism real estate business. Study theoretical bases and research hypotheses to better identify the development trend of tourism real estate market and forecast the trend of legal adjustment of tourism real estate market;

Second , analyze and evaluate the current status of laws and law enforcement practices for the tourism real estate market, especially the laws regulating tourism real estate business activities. Thereby, it aims to objectively evaluate the achieved results and especially point out the limitations, inadequacies, and gaps in the laws regulating the tourism real estate market, and the consequences arising from the practices of this market on the basis of clearly identifying the causes of that situation.

Third , the thesis provides orientations and proposes solutions to improve the law, improve the effectiveness of law enforcement for the tourism real estate market in the coming time based on the analysis and assessment of the current situation of the tourism real estate market, the legal system regulating tourism real estate and closely linked to the goals and strategies of economic and social development of the country on the basis of the market economy and international integration according to the orientation set forth by the Party, with the development strategy of Vietnam's tourism industry in the future.

3. Research object and scope

3.1. Research subjects

The research objects of the topic are:

- The Party's viewpoints and guidelines on building and perfecting laws on

Real estate business in general and the law on tourism real estate business in particular in a socialist-oriented market economy.

- Study the legal regulations on tourism real estate business in the overall interdisciplinary law, including the general laws regulating investment and business activities such as: Enterprise Law, Investment Law, Civil Code, to the regulations directly regulating tourism real estate investment and business activities specifically in specialized Laws such as: Real Estate Business Law; Tourism Law; Land Law; Environmental Protection Law; Investment Law, Construction Law, Planning Law and implementing documents ... to have a comprehensive assessment of the advantages and limitations of current laws on tourism real estate business.

- Researching laws and experience in managing and developing the tourism real estate market of some countries in the world and the trend of adjusting laws for the real estate market in the coming time to have proposals for Vietnam in the process of perfecting laws and improving the effectiveness of law enforcement for the tourism real estate market in Vietnam.

- Practical implementation of the law on tourism real estate business in our country to assess the advantages and disadvantages in law enforcement; at the same time, identify the objective needs and requirements of the tourism real estate market, thereby proposing reasonable and effective solutions in building and perfecting the law and in the practice of developing the tourism real estate market.

3.2. Scope of research

The topic “Law on tourism real estate business in Vietnam” has a wide scope of research and is related to many areas of law such as land law, civil law, corporate law, investment law, housing law, tourism law and real estate business law. However, within the time limit and to fit the capacity of a doctoral thesis in law, the author limits the scope of research to the following specific issues:

- Regarding legal documents: The thesis limits the study to regulations directly related to tourism real estate investment and business activities of entities.

investment through specific regulations stipulated in a series of interdisciplinary documents as mentioned in the research object section. Legal regulations on real estate business before 2014 were also studied to evaluate, compare, and clarify the development of real estate business law through historical periods. Along with that, the research and updating of the latest documents up to the time of thesis completion and Drafts on amendments to related Laws were also focused on and researched by the Thesis to ensure the timeliness of the research issue.

- Regarding content : The law on tourism real estate business is a large, interdisciplinary legal system, regulated in many different aspects: state management, market management, regulating the business activities of investors in tourism real estate products. The thesis does not study the business activities of accommodation establishments and other tourism services.

- About space: The thesis studies the practical implementation of the law on tourism real estate business nationwide.

- Regarding time: The thesis studies the practice of law enforcement on tourism real estate business from 2006 (the year of promulgation of the Law on Real Estate Business 2006) to present.

4. Methodology and research methods

The thesis is based on the methodology of Marxism-Leninism, Ho Chi Minh thought, the viewpoints and guidelines of the Party and the State on the socialist-oriented market economy and international integration, on the orientation of real estate market development. To achieve the research results, the author of the thesis used the following basic research methods:

i) Systemic, interdisciplinary methods are used throughout all chapters of the thesis.

ii) Analytical methods, evaluation methods, and commentary methods are used throughout all chapters of the thesis.

iii) Commentary method, evaluation method, analysis method...

used in Chapter 1 when evaluating the overall research situation of the topic and the theoretical basis of the thesis.

iv) The methods of collection, analysis, comparison and interpretation are mainly used in Chapter 3 when studying the current legal status of tourism real estate business and enforcement practices in Vietnam.

v) Historical method is used to study the process of formation and development of law on tourism real estate business in Vietnam in Chapter 2 of the thesis.

vi) The synthesis method, inductive method, analytical method, commentary method... are mainly used in Chapter 4 of solutions to perfect the law on tourism real estate business and improve enforcement efficiency in Vietnam.

5. New contributions of the thesis

As the first research work at the doctoral thesis level on the topic of Law on tourism real estate business in Vietnam , with independent and serious research, the thesis has the following basic new contributions:

Firstly , the thesis is the first work to comprehensively, systematically and comprehensively research the theoretical premises of tourism real estate, tourism real estate market and legal theory of tourism real estate business based on the foundation of economic and market theories with the methodology of dialectical materialism of Marxism-Leninism and Ho Chi Minh's thought on the Socialist rule of law state.

Second, the thesis studies the law on tourism real estate business in the overall interdisciplinary and multi-sectoral legal system that has an intertwined relationship, directly affecting and influencing the tourism real estate market in general and tourism real estate investment and business activities in particular. The explanations on the current status of tourism real estate business law are combined with an assessment of the practical implementation of real estate business law through actual cases and the "bottlenecks" that have not been resolved in the current tourism real estate market.