HANOI NATIONAL UNIVERSITY FACULTY OF LAW
PHAM TUAN ANH
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IMPROVING VIETNAMESE LAW ON LAND USE RIGHTS TRANSFER TO LIMIT SELF-INTERESTED TRANSACTIONS
MASTER'S THESIS IN LAW
HANOI NATIONAL UNIVERSITY FACULTY OF LAW
PHAM TUAN ANH
IMPROVING VIETNAMESE LAW ON LAND USE RIGHTS TRANSFER TO LIMIT SELF-INTERESTED TRANSACTIONS
Major : Economic Law Code : 60 38 01 07
MASTER'S THESIS IN LAW
Scientific advisor: Dr. DON HONG NHUNG
COMMITMENT
I hereby declare that this is my own scientific research work. The figures, examples and quotations in the thesis ensure reliability, accuracy and honesty. The scientific conclusions of the thesis have never been published in any other work.
THESIS AUTHOR
Pham Tuan Anh
INDEX
Page
Cover Page Pledge Table of Contents
INTRODUCTION 1
Chapter 1 : BASIC THEORETICAL ISSUES ON LAND USE RIGHTS TRANSFER AND PRIVATE INTEREST TRANSACTIONS 7
1.1. CONCEPT OF LAND USE RIGHTS AND LAND USE RIGHTS TRANSFER CONTRACT 7
1.1.1. Concept and characteristics of land use rights 7
1.1.2. Concept and characteristics of contract for transfer of land use rights
land use 11
1.1.3. Types of land participating in the real estate market 13
1.2. CONCEPT OF SELF-INTERESTED TRANSACTIONS IN LAND USE RIGHTS TRANSFER 14
1.2.1 Concept and characteristics of self-interested transactions in land use rights transfer 14
1.2.2. Causes of self-interested transactions in land use rights transfer 17
1.2.3. Impact of self-interested transactions in the transfer of land use rights
land use 18
1.2.4. Meaning and purpose of restricting self-interested transactions in land use rights transfer 19
1.3. LAW ON TRANSFER OF LAND USE RIGHTS
TO RESTRICT SELF-INTERESTED TRADING 20
1.3.1 Concept of legal adjustment to land use rights transfer to limit self-interested transactions 20
1.3.2. The necessity of adjusting the law on the transfer of land use rights
Land use to limit self-interested transactions 22
1.4. REGULATIONS ON TRANSFER OF LAND USE RIGHTS FROM YEAR
1992 TO PRESENT 23
Chapter 2 : CURRENT STATUS OF LAW ON TRANSFER OF LAND USE RIGHTS AND ASSESSMENT OF IMPACT OF PROFIT TRANSACTIONS IN PRACTICAL APPLICATION OF LAW 31
2.1. CONDITIONS FOR TRANSFER OF LAND USE RIGHTS ACCORDING TO CURRENT VIETNAMESE LAND LAW 31
2.1.1. Contents of regulations on procedures for establishing land use rights 31
2.1.2. Regulations on granting land use right certificates 34
2.1.3. Procedures and formalities for transferring land use rights to determine
civil rights 35
2.2. FORM OF LAND USE RIGHTS TRANSFER CONTRACT 58
2.3. CURRENT STATUS OF SOME DISPUTES REGARDING LAND USE RIGHTS TRANSFER CONTRACTS 66
2.4. CAUSES AND RESTRICTIONS OF SELF-INTERESTED TRADING IN
LAND USE RIGHTS TRANSFER PROCESS 72
2.4.1. Practice of self-interested transactions in the transfer of land use rights
land use 72
2.4.2. Practice of land allocation, land lease, and land use purpose conversion 82
Chapter 3 : SOLUTIONS TO IMPROVE VIETNAMESE LAW ON TRANSFER OF LAND USE RIGHTS FOR
RESTRICTION ON SELF-INTERESTED TRADING 91
3.1. DIRECTIONS FOR IMPROVING LEGAL PROVISIONS
ON THE CONTRACT FOR TRANSFER OF LAND USE RIGHTS 91
3.1.1. Perfecting regulations and procedures in transferring land use rights
land use 91
3.1.2. Anti-corruption education and propaganda 95
3.1.3. Solutions for implementation and coordination 99
3.1.4. Some solutions to improve the law on land use rights transfer contracts to limit self-interested transactions 101
3.2. SOLUTIONS TO LIMIT SELF-PROFIT TRANSACTIONS IN LAND TRANSFER ACTIVITIES IN VIETNAM 105
3.2.1. Transparency and sanity of information related to
land 106
3.2.2. Strengthening the effectiveness of state management of land to control self-interested transactions in the transfer of land use rights 106
3.2.3. Strictly enforce the law and severely handle violations.
land law violations 109
3.2.4. Statistics and control of land transactions through local notary offices 110
CONCLUSION 111
LIST OF REFERENCES 113
INTRODUCTION
1. Urgency of the topic
Land is a special type of asset whose value has surprised many people over time. The more roads and planning areas are established, the more people become rich from land. After the 2013 Land Law took effect, land resources were used effectively, ensuring the State's role in managing and representing the ownership of land, attracting resources and foreign investment in land exploitation and use.
From 2008 to now, we can see that the real estate market is frozen, but that does not mean that it is less attractive to investors. On average, the annual budget revenue from the real estate market is over 21,000 billion VND/year, accounting for over 7% of the total budget revenue, but up to 70% of real estate transactions take place in the unofficial market, the "underground" market. According to experts, this revenue will be much larger if underground real estate transactions are controlled [13].
It can be said that because the value and benefits that land brings to its users are so great, acts of self-interest in land transactions are currently quite common. Our country has issued the 2013 Land Law, Decree No. 105/2009/ND-CP dated November 11, 2009 on administrative sanctions for land violations, Decree No. 13/2006/ND-CP dated January 24, 2006... which stipulate quite detailed regulations on land issues in our country today, but its benefits have made many people blind, taking advantage of loopholes in the law or disregarding those regulations to carry out activities for their own benefit, causing serious damage to the State and the People. In state management agencies, there are also a number of officials who are degenerate, corrupt, and corrupt in land, reducing people's trust in the government at all levels.
Due to the increasingly scarce land and the opportunity to receive large profits in the hands of those who have the right to allocate land, make plans or change land use purposes, and transfer land use rights, it has also created an unfortunate "surplus or shortage". It is possible that the conversion of land use purposes from agriculture to serving industrial production in accordance with the country's industrialization process is very good, but due to conflicts between legal regulations and violations by some land management officials, it has caused disputes and difficulties for enterprises receiving land use rights. Although there is still a shortage of land for enterprises, the land is not put into use, and the agricultural land converted to industry is still quite vacant. According to the Ministry of Natural Resources and Environment, the country currently has 1,649 "suspended" planning areas with a total area of 244,665 hectares, 1,288 "suspended" projects with a total area of 31,650 hectares due to slow site clearance. Many businesses established in 2000 had a need to use land but had to rent it from individuals and households at high prices and still could not access the "abandoned" land funds. Farmers were unemployed due to loss of land and had few opportunities to change to other jobs due to limitations in ability and qualifications [Cited in 36].
Based on the above-mentioned situation, the author chose the topic " Improving Vietnamese law on land use rights transfer to limit self-interested transactions " for his master's thesis in law. Through studying issues of self-interested transactions in legal theory and practice of self-interested transactions taking place in Vietnam, the thesis clarifies the legal nature of self-interested transactions, thereby making recommendations and methods to limit self-interested transactions in land use rights transfer in Vietnam.
2. Research status related to the topic
Self-interested transactions are a new issue, but in reality in Vietnam they have not been