Collect A First-Instance Or Appellate Judgement Concerning A Dispute On.pdf

lOMoARcPSD|38362167 MINISTRY OF JUSTICE HANOI LAW UNIVERSITY GROUP ASSIGNMENT COURSE: LAW ON SECURED TRANSACTIONS TOPIC 6: Collect a first-instance or appellate judgement concerning a dispute on charge of off-plan property which your group consider as inappropriate and provide your answers Group : Class : N01.TL3 Hanoi, 2023 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 GROUP ACTIVITY REPORT Group: 03 Class: N01 – TL3 ID Full name Progress Completion level Group meeting Result (on time) Below average Average Good Fully attended Active Contributive Yes No 453416 Nguyễn Quỳnh Trang 453417 Nguyễn Thị Ngọc Chi 453418 Lê Nguyên Hoàng 453419 Phạm Hà Minh Giang 453420 Nguyễn Đức Tiến 453421 Nguyễn Quốc Nhật Dương 453422 Phí Hồng Anh 453423 Hoàng Thanh Trúc Hanoi,……………… , 2023 Group leader Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 TABLE OF CONTENTS INTRODUCTION CONTENT Summary of the case: Theoretical issues of off-plan property and mortgages of off-plan property Identification and analysis of the inconsistencies in the case Appropriate solutions for contents of the case 12 Recommendations to improve current Vietnamese relevant laws 14 CONCLUSION 17 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 INTRODUCTION In recent years, off-plan property, especially off-plan housing, have received widespread attention, especially with the use of off-plan houses as collateral, security for the performance of obligations or for a loan The regulations on off-plan housing and related transactions have had many positive changes compared to the previous regulations, but there are contracts formed from the time when there were not many regulations on mortgages of off-plan housing Although, disputes and the consequences of such contracts remained valid in research and adjudication practice with current law Recognizing the importance of off-plan housing mortgage regulations, the group chose the judgment to analyze, evaluate and thereby propose solutions to improve the existing legislation related to this institution Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 CONTENT Summary of the case: Plaintiff: X Joint Stock Commercial Bank Defendant: Ms Nguyen Thuy Thuy H3 Persons with related rights and obligations: ¥ N Real Estate Trading and Construction Company Limited (Company N) ¥ Hoang Thi G ¥ Mrs Le Dinh N ¥ Mr Hoang Hai Đ ¥ Ms Nguyen Thi Hong T2 Contents of the case: On 08/09/2010, Ms Nguyen Thuy Thuy H3 and Company N signed a Purchase and Sale Contract for Apartment No 7G, Apartment P, Ho Chi Minh City On 25.09.2010, Mrs H3 was handed over the apartment by the Company Ms H3 has paid 95% of the contract value, the rest is unpaid pending the completion of the apartment ownership procedure On 12/11/2010, Bank X lent Ms H3 VND 1,000,000 to pay for the 7G apartment through the Credit Agreement Debt Acceptance Agreement and Mortgage Agreement The above secured contract is secured by the off-plan property which is a 7G apartment At the time of borrowing, the above Secured contract is not notarized and registered as a secured transaction because there were no mandatory regulations Due to trusting Mrs H3, the Bank did not ask her to provide a value-added invoice for the purchase amount of the apartment and did not come annually to inspect the mortgaged apartment In September 2018, Ms H3 began to violate her debt repayment obligations, after discovering that Ms H3 was not the person using the apartment, the Bank registered a secured transaction at the property transaction registration center in Ho Chi Minh City Joint Stock Commercial Bank X then initiated a lawsuit against Ms H3 over the credit contract dispute Meanwhile, on 05/05/2011, Mr Hoang Hai Đ and Ms Nguyen Thi Hong T2, who are buyers of the 7G apartment from Company N, paid 95% of the purchase value of the apartment and did not know that Company N had sold this apartment to Ms H3 On 23/06/2014, Mr D, Ms T2 transferred the contract of sale and purchase of the above apartment to Mr Le Dinh N and Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 Mrs Hoang Thi G, the transfer was confirmed by Company N, Mr N and Mrs G have used the 7G apartment since 2014 and there has been no dispute The trial court granted part of the Bank's claim to compel Mrs H3 to pay the principal, interest and delinquent debts under the Credit Agreements Refusing to accept the request to realize the property as flat No 7G, declaring the contract secured by the off-plan property between Mrs H3 and the Bank null and void Recognition of the Apartment Purchase and Sale Contract between Company N and Mr Hoang Hai Đ and Ms Nguyen Thi Hong T2, declaring the apartment purchase and sale contract between Company N and Ms H3 invalid Appeal: - On 25.01.2022, the plaintiff, Joint Stock Commercial Bank, appealed in part the Judgment of First Instance, asking the Court of Appeal to modify the said judgment of first instance, granting the petition in its entirety - On January 27, 2022, the respondent's legal representative appealed the entire judgment of first instance on the grounds that the Court of First Instance tried Company N in absentia and requested the Court of Appeal to modify the judgment of first instance, recognizing the Contract of Sale of Luxury Apartments Decision of the Court of Appeal: Partially accept the lawsuit request of Joint Stock Commercial Bank X, forcing Ms Nguyen Thuy Thuy H3 to pay to Joint Stock Commercial Bank X a total amount of VND 1,083,316,127 and temporary interest as of January 24, 2022 under the credit contract cum debt receipt contract Refuse X Commercial Bank's request for the issuance of collateral as 7G Apartment Cancellation of the apartment purchase and sale contract between N Real Estate Construction and Trading Co., Ltd and Ms Nguyen Thuy Thuy H3 on the purchase and sale of 7G apartments Recognition of the Apartment Purchase and Sale Contract between N Real Estate Construction and Trading Co., Ltd and Mr Hoang Hai Đ and the Transfer Document of the Apartment Purchase and Sale Contract between Mr Hoang Hai Đ and Nguyen Thi Hong T2 with Mr Le Dinh N and Mrs Hoang Thi G Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 Theoretical issues of off-plan property and mortgages of off-plan property The group will cover the theoretical issues that are directly relevant to the case: “Property” is regulated in Article 105 of the Civil Code as: “1 Property comprises objects, money, valuable papers and property rights Property includes immovable property and movable property Immovable property and movable property may be existing property or off-plan property.” “Land use right” is the right of entities to exploit their uses, enjoy profits and profits from the use of land assigned, leased or transferred from other entities through conversion, transfer, lease, sublease, inheritance, gift from the subject who has the right Article 317 of the 2015 Civil Code provides for "mortgage of property" as follows: " Mortgage of property means the use by one party (hereinafter referred to as the mortgagor) of property under the ownership of the obligor as security for the performance of an obligation to the other party (hereinafter referred to as the mortgagee) without transferring such property to the mortgagee." Thus, a mortgage is the act of a party using property in its possession, in case the property is eligible for mortgage, to secure the performance of obligations and not to deliver the property to one or more other parties Clause 2, Article 108 of the 2015 Civil Code stipulates off-plan property as follows: " Off-plan property includes: a) Non-formed property; b) Formed property that the entity has established his/her ownership rights after the time of transaction establishment " Accordingly, off-plan property are understood as assets that not yet exist, are being invested in, built at the time of consideration but will definitely have and form in the future or are assets that have been formed but are newly owned at the time of entering into transactions and have not yet transferred ownership In the case of the above case, the off-plan property is real estate or, more precisely, housing According to the provisions of Clause 1, Article of the Law on Housing 2014, "Housing means any building in which households or individuals live" Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 The definition of off-plan housing is stipulated in Clause 19, Article of the Law on Housing as " any house which is under construction and has not been permitted to put into operation." Previously, when there was no concept of " off-plan housing", the Civil Code 2005 approached this concept through the provisions of Article 320 as " Objects used to secure the performance of civil obligations", specifically: " Objects used to secure the performance of civil obligations must be under the ownership rights of the securing party and be permitted for transaction Objects used to secure the performance of civil obligations are the existing objects or objects to be formed in the future Objects to be formed in the future are movable property or immovable property under the ownership of the securing party after the time the obligations are established or the security transactions are entered into." Currently, an asset is determined to be eligible to become a collateral when satisfying the conditions stipulated in Article 295 of the Civil Code 2015 including Collateral must be under the ownership rights of the securing party, except for the cases of lien on property or title retention Collateral may be described generally but must be identified Collateral may be existing property or off-plan property The value of collateral may be greater, equal or smaller than the value of the secured obligation Such assets need to be identified in one of the cases mentioned in Article of Decree 21/2021/ND-CP According to the Law on Housing, conditions for mortgage of off-plan property or, more specifically, mortgage of off-plan houses must fully comply with the requirements of Article 148 According to the judgment, the group determined that the above mortgage case belongs to the case of an individual buying an off-plan house in a housing construction investment project of the investor who mortgaged this house at a credit institution operating in Vietnam to borrow capital for the purchase of that housing itself Therefore, according to the current law, in order to mortgage an off-plan housing, it is necessary to have a certificate of legal land use right, a housing purchase contract signed with the investor, a document proving that the purchase money has been paid to the investor according to the schedule agreed Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 in the contract and is not subject to complaints, lawsuits or disputes about the housing purchase contract or the transfer of this housing purchase contract Any off-plan housing mortgage contract that is not in accordance with the provisions of the Housing Law has no legal validity In terms of characteristics, the off-plan housing is the subject of a mortgage in order to secure the fulfillment of the obligation is the one that has not yet formed at the time of establishment of the mortgage measure, the mortgagor must have sufficient documents to determine that the house will definitely form in the future such as documents recording the progress of construction house; is a house that has not established title to the mortgagor at the time of establishing the mortgage; The conditions and purpose of the mortgage for off-plan houses are limited due to the potential for many legal risks, placing strict requirements on both physical and legal aspects of the house For the same reasons, in practice, the law also limits the mortgage purpose of off-plan houses only to borrow capital for investment in the construction of the house itself Identification and analysis of the inconsistencies in the case Throughout the research process, evaluation of judgments as well as judgments of the Court, the group found that there are inconsistencies as follows: Firstly, regarding the validity of the 7G apartment purchase contract between Ms H3 and the Bank, according to the provisions of Article 122 of the Civil Code 2005, a civil transaction takes effect when all the following conditions are met: Civil transactions take effect when fully meeting the following conditions: a) Transaction participants have civil act capacity; b/ The purpose and contents of the transaction not violate the prohibitions of law or social morals; c) Participants in transactions are completely voluntary The form of civil transaction is a condition for the validity of a transaction in cases prescribed by law Regarding the form of such civil transactions must satisfy the conditions specified in Article 124, including: Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 A civil transaction shall be expressed verbally, in writing, or through specific acts Civil transactions through electronic means in form of data messages shall be considered transactions in writing In cases where it is provided for by law that a civil transaction must be expressed in writing, notarized, authenticated, registered or permitted, such provisions must be complied with Comparing the sales contracts between Company N and Ms H3 and Company N with Mr D, the key factor that led the court to determine that the transaction between Ms H3 and Company N was not as valid as the other transaction lies in the validity of the above sales contracts based on the signed documents and value-added invoices to prove that the purchase between the parties is well-founded First of all, it should be pointed out that the Court's argument in respect of these two contracts is that, relying on the value-added invoice to determine that one contract of sale is more valid than another, the Court points out that the value-added invoice is the basis for securing the interests of the Bank but the Bank has not requested it Mrs H3 provided this invoice On the other hand, the group agreed with the Court's judgment on the importance of value-added invoices, but the issuance of invoices was an obligation that Company N had to perform That is, when Company N should have fulfilled its invoicing obligations in the transaction with Mrs H3, Company N's breach and non- issuance of value-added invoices had no connection to the sales contract that this Company signed with Mr D, therefore, the Court cannot rely on this detail to annul the contract of sale between Company N and Mrs H3 Moreover, in comparison with the Apartment Purchase and Sale Contract between Ms H3 and Company N, this contract entered into by Ms H3 and Company N are both subjects with capacity for civil acts voluntarily and without coercion At the same time, there is no content and purpose that violates the prohibitions of the law, is not contrary to social morals In form, the above contract was in writing and Company N even confirmed the formation of that contract In fact, both parties complied with the contract, even Mrs H3 performed up to 95% of the value of the contract, Company N also signed to hand over the house to Mrs H3 Both parties have done enough in 10 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 terms of content and form and abide by that contract regularly and on time drought Thus, there are sufficient grounds for the Court to determine that the contract between Company N and Mrs H3 is a legal and valid contract, and the group determines that Mrs H3 is the legal purchaser of the 7G apartment This means that the contract of sale and purchase of apartments between Company N and Mr D is a null and void contract Secondly, regarding the Secured contract between Ms H3 and the Bank, the group considered that this contract is a valid contract because it satisfies the conditions for the contract to be effective as stipulated in Articles 122 and 124 of the Civil Code as mentioned above Regarding this contract, the Court determined that due to the lack of value-added invoices, the mortgage documents for 7G apartments are not strict and incomplete However, the Court also pointed out that at the time the transaction was established, there was no requirement to have a value-added invoice in the mortgage dossier, so from the time of entering into the mortgage contract until the effective date of Circular No 26/2015/TT-NHNN, the above mortgage application is valid and the apartment No 7G has become legal collateral due to satisfying the conditions for the off-plan property to become collateral Clause Circular No 26/2015/TT-NHNN dated 09/12/2015 guiding the procedure for mortgaging off-plan houses stipulates the mortgage documents for off-plan houses for the 7G apartment with the legal buyer that the group is identifying as Mrs H3: " For mortgaged properties that are off-the-plan residences purchased from investors’ housing construction projects: a) House purchase contract (original) signed by the mortgagor and the investor in conformity with the laws of housing; b) The agreement for transfer of house purchase contract (original) according to the laws of housing in case the mortgagor is a transferee of a house purchase contract; c) Written evidences (original) of installing payments for the residences to the investor according to the schedule agreed in the house purchase contract; d) The mortgage contract corresponding with the laws; d) Other papers (if any)." 11 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 Thus, the Circular requires documents proving that the housing purchase fee has been paid according to the progress in the contract with the investor However, the time when Company N sold the 7G apartment to Mr D was May 5, 2011, which is still within the period when the contract between Company N and Ms H3 was legally valid, so the Court's determination that the mortgage contract was invalid is groundless Thirdly, from the team's analysis of the validity and legality of the sales contract between Company N and Ms H3, it can be seen that the contracts entered into subsequently have no legal validity, so the 7G apartment is still owned by Ms H3, therefore, the Bank's request to realize the collateral is legal On the basis that the contract of sale is valid and Mrs H3 is the lawful purchaser of the apartment, at this time apartment No 7G is the legal collateral for the secured contract between Mrs H3 and the Bank Therefore, when Mrs H3 is unable to fulfill her contractual obligations, the Bank has the right to realize such collateral as agreed by the two parties in the contract Appropriate solutions for contents of the case On the basis of the above analysis, the team will hereafter propose an appropriate solutions corresponding to the circumstances of the judgment First of all, it should be affirmed that the group agrees with the court's decision on issues such as the amount owed to Mrs H3 to the Bank, court fees, however, since the view that the contract of sale of apartment No 7G between Mrs H3 and Company N is valid, it contradicts the decisions of the Court in the above case, in which the main issues to be dealt with in turn are the recognition of the legality of the contract of sale of apartments between Mrs H3 and Company N, recognizing the legality of the secured contract between Mrs H3 and the Bank, declaring the contract of sale and purchase of the property between Company N and Mr A null and void, and realizing of the property mortgaged by Mr N and Mr D 4.1 About the legality of the apartment purchase and sale contract between Company N and Ms H3 For this contract, the group observed that although it is essentially a valid and legally valid contract, the parties committed acts of non-performance of the contract, especially on the part of Company N when not issuing value-added invoices, breach of agreement with Mrs H3 not to transfer ownership or 12 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 mortgage of the apartment to anyone as well as other violations mentioned by the judgment On Mrs H3's side, although she knew her rights were being violated, she did not actively take action to protect and not use the apartment since buying Although the contract for sale and purchase of the 7G apartment is legal, the details surrounding the case show that the actual performance of the contract by the parties has many errors The most inadequate point is that Company N repeatedly breached its contractual obligations, but that breach does not affect the validity of the entire contract In the opinion of the group, the Court should have declared the contract valid, the parties should have remedies and compensation for the breach of their obligations because this is the contract that needs to be determined to be the most legal, on that basis it can take appropriate measures to protect the interests of the two parties entering into the contract as well as ensuring ensure relevant public procedures 4.2 About the legality of the secured contract Secured contract of between Mrs H3 and the Bank was declared invalid by the Court but on the basis of the above purchase contract being valid, Mrs H3 was identified as the lawful owner of the 7G apartment, the group proposed the solution to this purchase contract by declaring the transaction partially void under Article 135 of the Civil Code 2005 Judging from the nature, the transaction is completely legal, satisfying the conditions of content, purpose and form The shortcomings of the parties in the execution of this contract mainly lie in the confirmation and implementation of procedures so that the transaction is recognized as legal Given these errors, the group believes that declaring the contract partially invalid will ensure maximum benefits for the parties Apart from the invalidity that is not applicable, the remaining parts remain enforceable When the at-fault party breaches the obligation leading to the damage, it must pay compensation corresponding to that damage, and at the same time request the parties to take timely remedies 4.3 About the legality of apartment purchase and sale contracts between Company N and Mr D Since the above two contracts are valid, the contract of sale and purchase of the apartment between Company N and Mr A, of course, is a legally invalid contract because the 7G apartment is still owned by Mrs H3 However, the 13 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 group agreed with the identification of Mr D as the bona fide third person in the transaction because he was completely unaware of the sales agreement of Company N and Ms H3 Therefore, when dealing with the issue of Mr D's rights, according to the provisions of Clause 2, Article 138 of the Civil Code 2005: "In cases where the transacted property being an immoveable or a moveable subject to ownership registration has already been transferred to a bona fide third party through another transaction, the transaction with the third party shall be invalid, except for cases the bona fide third party receives such property through auction or transaction with a person who, under court judgment or decision of a competent state agency, was the owner of the property, but later is not the owner of the property as the court judgment or decision is cancelled or modified." Thus, the contract of sale between Mr A and Company N is a null and void transaction, so applying Clause of Article 137, the parties to this transaction " return to each other what they have received; if the return cannot be made in kind, it shall be made in money" and "The party at fault, which caused damage, must compensate therefore", namely Company N for intentionally selling an apartment owned by another person to Mr D 4.4 Handling of collateral is apartment No 7G In essence, when the contract of sale of Mrs H3's apartment comes into effect, it also means that the contracts involving the transfer of ownership of the 7G apartment to any entity other than Mrs H3 are void So, in the case of the Bank reserves the right to demand and realize of collateral However, regarding the interests of Mrs G and Mr N, the group also determined that they were bona fide third parties because they could not have known about the transaction between Mrs H3 and Company N, therefore, their transaction was also void, the parties to the transaction had to return to each other what they have received Recommendations to improve current Vietnamese relevant laws Since the effective date, the Civil Code 2015 has improved and improved a lot compared to the Civil Code 2005, especially on the institution of bona fide third persons and the protection of the interests of third persons immediately Thereby overcoming the legal gaps as pointed out by the group during the 14 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 analysis, however, finding that the provision on guaranteeing the rights of bona fide third parties in the event of a contract invalidity was appropriate, the group made no further proposals to this institution On the other hand, the group proposed solutions to complete the law as follows: Firstly, during the research, the group found that right from the concept of off-plan housing, the current provisions of the law are not uniform, leading to the fact that there are still many unreasonable points in application Specifically, Clause 19, Article of the 2014 Law on Housing stipulates that " Off-the-plan house means any house which is under construction and has not been permitted to put into operation " Clause 4, Article of the Law on Real Estate Trading 2014 stipulates that " Off-the-plan building means any building which is under construction and has not been permitted to put into operation " From the above two regulations, it can be seen that these two documents both regulate off-plan housing by listing, leading to the omission of other types of off-plan houses that the Civil Code 2015 stipulates, namely:1 First, the off-plan housing is the subject of the contract of sale, lease, purchase, exchange or gift, this is the subject of the contract of sale that has taken effect and is making payment and handover, so it should be recognized as an off-plan housing, more importantly, The buyer can use that house as collateral, but due to the lack of conceptual provisions, leading to the lack of provisions on mortgage of this type of house in the Housing Law, credit institutions are still concerned because they face the risk of the court declaring the mortgage contract invalid when a dispute arises Two, houses that have been built, accepted and put into use, dossiers of proposal for issuance of ownership certificates are being submitted to competent state agencies This type of housing as collateral has a higher level of safety than unformed housing, but regulations on the use of this type of housing as security for another obligation, especially for loans, are limited Third, land use rights have not been granted certificates but decisions have been made on land allocation or land lease From the actual provisions of the two documents mentioned by the group, it can be seen that the legislator Vũ Thị Hồng Yến (2019), “Đăng ký chấp tài sản hình thành tương lai - Những vấn đề cần hoàn thiện”, pg.2 15 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 relied entirely on the physical nature of the dwelling to enumerate, thus ignoring the legal element of this type of property Meanwhile, land is a property that has already existed, so it can only be considered based on its legal nature Article 188 of the 2013 Land Law stipulates that land use rights must be granted certificates to become the subject of transactions This makes it difficult for both the guarantor and the secured party, especially credit institutions because the mortgage contract cannot be notarized and registered Therefore, the group proposed the Law on Housing in 2014, the Law on Real Estate Business 2014 and the Law on Land in 2013 to have additional regulations on the above types of assets to be able to create favorable conditions for entities to maximize the value of the property Second, the group proposes the creation of a database that provides and controls information on the legal status of future formed housing2 To meet the conditions for the off-plan property, especially the off-plan housing, to become collateral This form will support individuals, organizations and authorities to extract, look up, check and accurately manage the legal status of off-plan property From there, there is a direction to apply, promptly handle and limit difficulties when applying regulations to this object in practice, while increasing openness and transparency of information, minimizing arising disputes Nguyễn Sĩ Khiêm (2022), Thế chấp nhà hình thành tương lai để bảo đảm thực nghĩa vụ phát sinh từ hợp đồng tín dụng, pg.77 16 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 CONCLUSION Although there have been significant changes in thinking and approach, it can be seen that the current law still has gaps when dealing with off-plan housing especially regarding the procedures Shortcomings in off-plan housing mortgage regulations have led to many errors as well as difficulties in managing the legal status of this object Therefore, with the above analysis of the group and the gradual change of modern law, it can be seen that this institution will be perfected and handled in the most comprehensive and effective way of off- plan housing mortgages 17 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 REFERENCES The Vietnam 2005 Civil code The Vietnam 2015 Civil code Law on housing 2014 Decree no.99/2022/ND-CP on registration of security interests on registration of security interests 2010 Circular no.129/2008/TT-BTC guiding the implementation of a number of articles of the value-added tax law and guiding the implementation of the government’s decree no 123/2008/ND-CP of December 8, 2008, detailing and guiding the implementation of a number of articles of the value-added tax law Circular no 26/2015/TT-NHNN guidelines for procedures and formalities for mortgaging and releasing mortgage of housing construction projects and off-the-plan residences Decree no 102/2017/ND-CP decree on registration of security interests Law on real estate trading 2014 Nguyễn Sĩ Khiêm (2022), Thế chấp nhà hình thành tương lai để bảo đảm thực nghĩa vụ phát sinh từ hợp đồng tín dụng 10 Bùi Đức Giang, "Thế chấp nhà hình thành tương lai: cần gỡ nút thắt" 11 Phan Ngọc Trâm (2016), Thế chấp nhà hình thành tương lai để đảm bảo thực nghĩa vụ từ hợp đồng tín dụng 12 Vũ Thị Hồng Yến (2019), Đăng ký chấp tài sản hình thành tương lai - Những vấn đề cần hoàn thiện 18 Downloaded by luanvan moi (luanvanmoi@gmail.com) lOMoARcPSD|38362167 19 Downloaded by luanvan moi (luanvanmoi@gmail.com)