Signing and implementing social housing lease-purchase contracts according to Vietnamese law

ACADEMY

VIETNAMESE SOCIAL SCIENCES

Academy of Social Sciences

NGUYEN THI MAI PHUONG

CONCLUSION AND PERFORMANCE OF SOCIAL HOUSING LEASE-PURCHASE CONTRACTS ACCORDING TO VIETNAMESE LAW

Major: Economic Law Code: 60.38.01.07

MASTER'S THESIS IN LAW

SCIENCE GUIDE

Assoc.Prof.Dr.DOAN HONG NHUNG

HANOI, 2016

COMMITMENT

I hereby declare that this Thesis is my own research work. The results stated in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty. I have completed all subjects and paid all financial obligations as prescribed by the Academy of Social Sciences.

So I write this Commitment to request the Faculty of Law - Academy of Social Sciences to consider so that I can defend my Thesis.

Thank you very much!

GUARANTEE

NGUYEN THI MAI PHUONG

INDEX

INTRODUCTION 1

Chapter 1. SOME BASIC THEORETICAL ISSUES ON CONCLUSION AND IMPLEMENTATION OF SOCIAL HOUSING LEASE-PURCHASE CONTRACTS ACCORDING TO VIETNAMESE LAW 6

1.1. Concept of social housing lease-purchase contract 6

1.2. Signing of social housing lease-purchase contract 16

1.3. Implementation of social housing lease-purchase contract 27

1.4. The meaning of concluding and implementing social housing lease contracts in Vietnam 31

Chapter 2. CURRENT STATUS OF CONCLUSION AND IMPLEMENTATION OF SOCIAL HOUSING LEASE-PURCHASE CONTRACTS IN VIETNAM 33

2.1. Legal regulations on social housing lease-purchase contracts 33

2.2. Applying the law to conclude and implement social housing lease-purchase contracts in Vietnam 41

2.3. Difficulties in concluding and implementing social housing lease-purchase contracts in Vietnam 46

2.4. Causes of difficulties arising in concluding and implementing social housing lease-purchase contracts in Vietnam 54

Chapter 3. IMPROVING THE LAW AND IMPROVING THE EFFICIENCY OF CONCLUSION AND IMPLEMENTATION OF SOCIAL HOUSING LEASE-PURCHASE CONTRACTS IN VIETNAM 59

3.1. Requirements for improving the law on social housing lease-purchase contracts in Vietnam 59

3.2. Directions for perfecting the law on concluding and implementing social housing lease-purchase contracts in Vietnam 60

3.3. Recommendations for improving the law on concluding and implementing social housing lease-purchase contracts in Vietnam 60

3.4. Organization of law enforcement on conclusion and implementation of social housing lease-purchase contracts in Vietnam 63

3.5. Some solutions to improve the effectiveness of implementation and performance of social housing lease-purchase contracts 66

CONCLUSION 68

REFERENCES 69

APPENDIX 74

LIST OF ABBREVIATIONS

HDB Housing and development board (Singapore Housing and development board)

UCDO Urban community development office (Urban community development office in Thailand)

GHB Government housing bank

(Government Housing Bank of Thailand) JICA Japan International Cooperation Agency

LIST OF TABLES

Table 1.1

Comparison of social housing lease purchase and financial leasing

Page 9

Table 1.2

Criteria for reviewing candidates for housing lease purchase

society

Page 25

Maybe you are interested!

INTRODUCTION

1. Urgency of the topic

The need for suitable and safe housing is a basic need and a condition for comprehensive and synchronous human development, and is also a decisive factor in developing human resources to serve the country's development.

In the process of urban housing development in our country in recent times, it has been clear that: before 1993, the State completely subsidized, until 2003, the State let the people take care of and build their own houses. However, since 2003, housing has been developed according to projects and there have been significant changes. However, due to the development of housing according to projects, investors have to pay land fees according to market mechanisms, have to rent land and calculate profits... causing housing prices to increase, making it difficult for low-income people to own their own houses.

Meanwhile, with the real estate market not yet perfect and the average income of Vietnamese people still low, the development of social housing rental is extremely necessary.

The social housing lease-purchase contract is a form to legalize the social housing lease-purchase. Vietnamese law also has regulations on social housing lease-purchase contracts, but they are still unclear and unclear, making it difficult for Vietnamese people to access this contract.

To better understand the regulations in concluding and implementing social housing lease-purchase contracts and the practical application of that law in Vietnam, the author chose the topic " Concluding and implementing social housing lease-purchase contracts according to Vietnamese law " as the topic of his thesis.

2. Research status of the topic

In-depth research on social housing lease-purchase contracts in Vietnam is still a new issue in legal science in Vietnam. However, this issue has been studied by authors from many different angles and scopes and achieved certain successes. Some of the works can be mentioned as follows:

At the level of economic expertise: " Research on the development and management model of social housing for low-income people in urban areas and concentrated industrial zones " (Head: Master Nguyen Trong Ninh - Deputy Director of the Department of Housing and Real Estate Market Management), topic " Current situation and solutions to housing for low-income people in Hanoi " (Dr. Hoang Xuan Nghia - Hanoi Institute for Socio-Economic Development Research), topic " Legal issues on hire-purchase contracts in Vietnam "

– Doctoral thesis Doan Hong Nhung – 2006 – Faculty of Law, VNU; topic “ Policy for social housing development in Hanoi ” (Master’s thesis Mai Hong Thuan in 2014 – University of Economics – VNU), topic “ Policy for social housing development in Bac Ninh province” (Master’s thesis Nguyen Van Binh in 2016 – University of Economics – VNU),…

The following seminars can be mentioned: Scientific seminar " Socio-economic development strategy of Hanoi capital to 2030, vision to 2050" , Hanoi, 2006; Scientific seminar " Solving housing for low-income people in Hanoi - Current situation and solutions" , Hanoi Institute for Socio-economic Development Research, Hanoi, 2006; Seminar " Solutions to develop housing for workers, students and low-income people" , Ministry of Construction, 2006, Social Housing Seminar in Vietnam - Lessons from international experience, Ministry of Construction and World Bank chaired, 2014...

In terms of ideas: The book “ Law on hire-purchase contracts in Vietnam ” by Dr. Doan Hong Nhung (Labor – Society Publishing House, 2009), the monograph “ Law on social housing, housing for low-income people in Vietnam ” by Dr. Doan Hong Nhung (editor-in-chief); the book “ Law on real estate business ” by Dr. Tran Quang Huy – Nguyen Quang Tuyen co-editors (Justice Publishing House, 2009).

The following studies can be mentioned: Topic " Law on social housing for low-income people through practical implementation in Hanoi city " (Master's thesis Nguyen Thu Dung - Academy of Social Sciences - Year 2011); Master's thesis Dinh Gia Canh " Law on buying and selling social housing from practical implementation in Hanoi city " - Academy of Social Sciences - Year 2014; topic " Law on buying and selling social housing

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