Pháp luật về đăng ký và cấp giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất từ thực tiễn thành phố hồ chí minh TT TIENG ANH

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES TRAN THI THU HA LAW ON REGISTERING AND ISSUING CERTIFICATE OF LAND USE RIGHT, RIGHT OF HOUSE OWNERSHIP AND OTHER PROPERTIES ATTACHED WITH LAND FROM THE REALITY OF HOCHIMINH CITY Major: Economics Law Code: 9.38.01.07 ABSTRACT OF DOCTORIAL THESIS OF JURISPRUDENCE HA NOI – 2020 The works is completed at: Graduate Academy of Social Sciences VIETNAM ACADEMY OF SOCIAL SCIENCES Supervisor: Assoc Prof Dr Nguyen Thi Nga Referee 1: Dr Tran Quang Huy Referee 2: Assoc Prof Dr Duong Dang Hue Referee 3: Dr Dang Thi Bich Lieu The thesis is protected in front of Board of Doctoral Thesis Examination, organized at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi At minute, Date Month Year 202 The thesis can be found at: - Library of Graduate Academy of Social Sciences - National Library INTRODUCTION The necessary of the thesis Together with the development of land law up to now in Vietnam, beside of achievements and results, there are still many difficulties, troubles in registering and issuing Certificate of land use right, house use right and properties attached with land which not reflect fully, exactly, faithfully the existing status of land and properties on the land, the result in the fact is not really high Hochiminh city is a large city, population is increasing with the largest of urbanization speed in the country that makes a big fluctuation of land and properties attached with land So, the necessity and objective essentiality are to take a special concern, pay attention to registration and issuance of Certificate of land right use, right of house ownership and other properties attached with land to get a close management and control of land, improving effectiveness of land management, preventing from waste and loss of preciously natural resource of our country Together, right on property is land and other properties attached with land of each people, corporation, organization and individual must be clarified and confirmed clearly to be the basis of protecting legal right and benefit for land user So, researcher chooses the title: “Law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land from the fact of Hochiminh city” to doctoral thesis Purpose and duty of research 2.1 Purpose of research Research purpose of the title is determined to be proposal and fact for solution of completing law and ensuring for implementing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land in Vietnam in general and in Hochiminh in particular 2.2 Duty of doing research In order to reach above purpose, it is necessary to implement below research duties: - In order to clarify theoretical matters about registering and issuing certificate of land use right, right of house ownership and other properties attached with land in Hochiminh city - Making analysis, assessing legal status and fact of deploying the implementation of law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land in Hochiminh city - Suggesting solutions for keeping completing law and ensuring the implementation of law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land in Vietnam in general and in Hochiminh city in particular Object and scope of research 3.1 Object of research - Researching theoretical matters about registering and issuing certificate of land use right, right of house ownership as: concept, character, role of registering and issuing certificate of land use right and premises of legal theory on registering, issuing certificate of land use right as the necessity of adjusting law; restructuring law of adjusting registration, issuance of land use right certificate, elements affect, make influence to registration and issuance of land use right certificate, house ownership right and other properties attached with land - Researching, assessing content of law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land including Law and instruction and implementation document of Government and Hochiminh city, reports, data, document, cases are collected from authorized offices on land in Hochiminh city 3.2 Scope of research - Researching legal regulations which have been carried out since the time of Land Law in 2013 effectively (1/7/2014) Accordingly, the thesis shall concentrate on basic contents as: + Researching the first land registration and land fluctuation; Limited issuance of land use right certificate with the first issuance of land use right certificate for people who are major households, individuals without researching to objects who are organizations, resident community, religious places and objects who have foreign elements using land in Vietnam + Researching the fact of deploying registration and issuance of land use right, house ownership right and other properties attached with land in Hochiminh city since the time of deploying Land Law in 2013 until now Methodology and research method In the thesis, the author uses dialectical materialism methodology of Marxism and Leninism; Multi – disciplinary science research methodology, interdisciplinary and jurisprudence major, sociology of law; Method of dialectic materialism, method of comprehension, analysis and systematization are used in the whole of the thesis to explain for research matters of the thesis, on the basis primary and secondary document related to title of the thesis Method of analysis, comprehension, comparison, statistics, explanation, inductive are used to explain theoretical matters about law and reality of registering and issuing certificate of land use right, right of house ownership and other properties attached with land in Hochiminh city New points of the thesis The thesis has new contribution to legal science as below: - Explaining and clarifying some theoretical matters and basic contents of law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land in our country currently, in which determined: Close relation between registration and issuance of certificate of land use right, right of house ownership and other properties attached with land; land registration and properties attached with land are considered to be premise which can not miss in issuing certificate of land use right In contrast, certificate of land use right, right of house ownership and other properties attached with land are actualization and clarification for right of ownership and land use right and other properties attached with land on the basis of the first registration of land and registration of land fluctuation, other properties attached with land - Making analysis, assessing legal status and reality of implementing the law of registration and issuance of certificate of land use right, right of house ownership and other properties attached with land at Vietnam in general and Hochiminh in particular Scientific meaning and reality of the thesis The thesis is a sharply scientific research work contributing to clarify some theoretical matters and basic contents of law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land in our country currently as well as referent document, suggesting scientific ground for completing law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land in the coming time in our country The thesis is also a source of valuable reference document in researching science, teaching and training jurisprudence The structure of the thesis Out of introduction, conclusion and list of referent document, content of the thesis including 04 chapters: Chapter 1: Overview of research situation and matters related to title of the Thesis Chapter 2: Theoretical matters on registering and issuing certificate of land use right, right of house ownership and other properties attached with land and law of registering and issuing certificate of land use right, right of house ownership and other properties attached with land Chapter 3: Legal status on registering and issuing certificate of land use right, right of house ownership and other properties attached with land and reality of implementation in Hochiminh city Chapter 4: Orientation, solution about completing law and ensuring the implementation of law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land Chapter OVERVIEW OF RESEARCH SITUATION AND MATTERS RELATED TO TITLE OF THE THESIS 1.1 Situation of theoretical research about registering and issuing certificate of land use right, right of house ownership and other properties attached with land 1.1.1 Group of scientific works research one registering and issuing certificate of land use right, right of house ownership and other properties attached with land Up to now, registration and issuance of certificate of land use right, right of house ownership and other properties attached with land and law on registration and issuance of certificate of land use right, right of house ownership and other properties attached with land have been paid attention to research at different levels by domestic and foreign legal scientists, in which, they have discussed about nature of land registration and classification of registration system with legal value of registration as: “registering transaction document” and “sovereignty registration”; the first registration and fluctuation registration; Purpose of land registration does not only aim at contributing to create and supplement more legal information into national data basis about situation and fluctuation of using land, serving more effectively for state management on land but also protecting legal right of objects using land, house owner, other properties attached with land 1.1.2 Group of scientific works research on issuing certificate of land use right, right of house ownership and other properties attached with land The works, articles, books about issuing certificate of land use right almost have common confirm that land use right certificate, right of house ownership and other properties attached with land are necessary content to improve the effectiveness of state management on land to establish right of land use and right of owning properties on land clearly, transparently, public for objects using land and ensure land user to exploit, use land safely, ensure legal right and benefit for land users; setting up legal relation between Government with land user in using land, but also is a legal instrument for transaction in real estates in the market 1.1.3 Group of scientific works research about law and reality of implementing law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land There are many articles, works on this matter showing: beside of positive results, still having inadequacy, gaps of current law about issuing certificate of land use right, right of house ownership and other properties attached with land as well as upon the reality of Hochiminh city 1.1.4 Group of scientific researches about proposing legal solutions, suggestions about issuing and registering certificate of land use right, right of house ownership and other properties attached with land Up to now, legal solutions and suggestions about registering and issuing certificate of land use right, right of house ownership and other properties attached with land are proposed to concentrate on key contents about legal value of land registration, model selection and mechanism of registering and about ensuring legal implementation on registering and issuing certificate of land use right, right of house ownership and other properties attached with land in Vietnam 1.2 Assessing the situation of research related to title of the thesis 1.2.1 Research results that the Thesis shall inherit and keep development - About theory, first of all, research works have determined objective necessity of adjusting law on registering and issuing certificate of land use right, right of house ownership and properties attached with land; close relation between registration and issuance of land use right certificate, right of house ownership and other properties attached with land - The thesis also keeps using and inheriting research results about process of foundation and development of land law via periods of land registration and legal forms recorded and ensures land transactions which origin from objective requirement of social life and reality of state management about land Inheriting theoretical research result about real estate and property; real estate registration and property registration, reason about real right of civil law; recommendations about building organization model of registrar office, completing law on registering right of land use right, right of property ownership attached with land in our country currently 1.2.2 Unfortified matters, or in discussion, or have not researched deeply need to be researched in the thesis - Clarifying dialectic relationship, unification between registering right of land use, right of house ownership and properties attached with land use right certificate, right of house ownership and properties attached with land with notions, new awareness of ensuring the adherence in registering right of land use, right of house ownership and properties attached with land (including first registration and fluctuation registration) and issuance of land use right certificate, right of house ownership and properties attached with land - Clearly showing the achievements; limits, inadequacy of law via the reality of implementing law on registration and issuance of land use right certificate, right of house ownership and other properties attached with land in Hochiminh city - Keeping search and propose reasonably comprehensive solutions about registering and issuing certificate of land use right, right of house ownership and properties attached with land which are fixed in the overall of legal adjustment on real estate registration 1.3 Theoretical basis Scientific theories are chosen and gotten basis of making analysis, discussing research matters in the thesis including: - Theory about right of property ownership is used to explain about right of land use in the regime of whole population ownership about land that the Government is representative of ownership and accordingly, land users are acknowledged or given right of land use and right of house ownership and property attached with land - Theory about real right is used to explain connotation of land use right, right of house ownership and properties attached with land upon aspects: legal right, civil and trade right to property must be established clearly, transparently and moved conveniently, safely and effectively Since then, it requires registration and issuance of certificate to be the first condition for attending transactions in land market and the Government shall protect when violated as well as compensated when the Government returns - Theory about property registration, real estate registration, safe transaction registration - Theory about state administration management in general and state management about land in particular in the condition of building legitimate state, developing market economy and international integration 1.4 Research question 1) How we understand about law on registration and issuance of land use right certificate, right of house ownership and other properties attached with land in our country currently? How about relation between registration of land use right, right of house ownership and other properties attached with land with issuing certificate of land use right, right of house ownership and other properties attached with land? What are nature and legal consequence of registering and issuing certificate of land use right, right of property ownership attached with land? (2) How are legal reality about registering and issuing certificate of land use right, right of house ownership and other properties attached with land in our country (achievements, limits and causes)? (3) Which solutions are necessary for completing and ensuring the implementation of law on registering and issuing certificate of land use right, right of house ownership and other properties attached with land in our country currently? 1.5 Research hypothesis: (1) In order to meet the requirement for the situation in our country currently, registering and issuing certificate of land use right, right of house ownership and other properties attached with land, creating, adjusting and implementing law according to unified model including preeminence, reasonability of model “sovereignty registration” and model “Transaction document registration”, first registration and fluctuation registration, register to establish right and registration having countervailing meaning with the third person can be considered to be suitable with current condition of Vietnam (2) Legal reality about registering and issuing certificate of land use right, right of house ownership and other properties attached with land and reality of implementing the law in Hochiminh city has gotten certain results, but it remains some limits, inadequacies, troubles as well as cause of those l ones (3) Solution for completing and ensuring legal implementation of registering and issuing certificate of land use right, right of house ownership and other properties attached with land in our country currently is to strengthen issuing certificate of land use right, right of house ownership and properties attached with land toward modernizing state management on land to manage land, property on land by an unified system of cadastral document (including create and use electronic cadastral document) to replace paper system existing throughout many different history ages which are established by many different competent authorities with different names, strengthening the issuance of land use right certificate also aims at taking all financial obligations on land for state budget as well creating premise for a better land registration Conclusion of chapter From overview of research situation related to title of the thesis, main arguments are taken as below: - Land and properties attached with land belong to real estate Legal adjustment on land registration belonging to type of property registration and right of property are real estate aiming at noting, determining and publishing legal status of subjects to real estate There are two models of land registration including: “Transaction document registration” and “sovereignty registration” Land registration is divided into registration since the first time and as time of available fluctuation - At Vietnam, registration and issuance of land use right certificate is one of State management contents on land and aiming at protecting legal right and benefit of land user, creating condition for land user to participate in real estate market - Issuing certificate of land use right, right of house ownership and other properties attached with land is an important, necessary content to improve effectiveness of state management on land, establishing right of land use and right of property ownership on land clearly, transparently, public for land users, ensuring legal right and benefit of land users - Models of legal adjustment on land registration in Vietnam currently to choose: (i) Model of registering land with legal value makes arise countervailing effectiveness with third person, (ii) Model of land registration not only has meaning of arising countervailing effectiveness to third person but also is the condition to arise, change, stop right to land and property attached with land, in which information, data recorded in Registration Book of competent authorities with absolute value, it can not ignore to third person who believes in establishing transaction Chapter THEORETICAL MATTERS ABOUT REGISTERING AND ISSUING CERTIFICATE OF LAND USE RIGHT, RIGHT OF HOUSE OWNERSHIP AND OTHER PROPERTIES ATTACHED WITH LAND LAW ON REGISTERING AND ISSUING CERTIFICATE OF LAND USE RIGHT, RIGHT OF HOUSE OWNERSHIP AND OTHER PROPERTIES ATTACHED WITH LAND ownership and properties attached with land including regulation of law (constitutional law and administrative law) about state management to land in closed relation to regulations of private law (civil law) about property and right of property ownership of subjects 2.2.2 Purpose, meaning and requirement to law of registering and issuing certificate of land right use, right of house ownership and other properties attached with land currently in Vietnam Firstly: Law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land shall create a system of full, exact and unified system and update legal status of land in general and on each unit land in particular (land area, lot) Secondly: A system of registering and issuing certificate of land right use, right of house ownership and other properties attached with land shall be created and operated by modern, reliable technology to help protect legal rights and benefits of subjects to land and property attached with land as well create an environment of legal safety, limit risks for transactions of land and real estate It is an effective instrument of the Government in managing land and controlling real estate market, increasing income for state budge, fighting against corruption and preventing illegal and black transaction in field of land and real estate… contributing to make plan and implement macro policies to develop economy sustainably of our country Thirdly: System of registering and issuing certificate of land right use, right of house ownership and other properties attached with land must be established and operated public, transparently, exactly, updated with full information in relation to right of land right use, house ownership, other properties attached with legal land of user, right of house ownership and other properties attached with land together with legal rights of other subjects to land and real estate which are registered to contribute to improve the development of land and real estate market cleanly and sustainably in our current country Thirdly: The requirements for registering and issuing certificate of land right use, right of house ownership and other properties attached with land including: (i) System of registering and issuing certificate of land right use, right of house ownership and other properties attached with land must be established to become effective instrument as well establish mechanism and institution of the government about managing land as well as recording and protecting right of land ownership, right of property ownership and other legal 11 rights of subjects in using, exploiting benefits getting from land and property attached with land as well as transactions of land and property are real estate in the market; (ii) System of registering and issuing certificate of land right use, right of house ownership and other properties attached with land must contain maximum information about legal status about the right of land use, right of property ownership attached with land together with other real right of subjects registered and admitted by the law (right of ownership, right of use, right of exploit, enjoy interest yield, right of mortgage, right of preference, etc.,) and it is necessary to record limits about right (it is called right to other real estate as: distrain, on mortgage; transference prohibit…); (iii) System of registering and issuing certificate of land right use, right of house ownership and other properties attached with land needs to promote the transparence in implementing right of land user, owner of property attached with land 2.2.3 Legal structure about registering and issuing certificate of land right use, right of house ownership and other properties attached with land Legal structure about registering and issuing certificate of land right use, right of house ownership and other properties attached with land including groups of legal documents regulated: i) principles in registering and issuing certificate of land right use, right of house ownership and other properties attached with land: ii) condition, object of being issued certificate of land right use, right of house ownership and other properties attached with land; iii) content and apprearance of cadastral document and certificate of land use right, right of house ownership and other properties attached with land; iv) competence, process and procedure of operation about registering and issuing certificate of land right use, right of house ownership and other properties attached with land; land price and financial obligation of subjects of registering and issuing certificate of land right use, right of house ownership and other properties attached with land 2.2.4 Elements impact, influence to law of registering and issuing certificate of land right use, right of house ownership and other properties attached with land Main elements impact and influence to law of registering and issuing certificate of land right use, right of house ownership and other properties attached with land: - Process of developing socio – economy and innovating overall since 80s up to now, innovating thoughts, theoretical awareness, policy, law on land field in the condition of developing market economy and international integration to serve land management of the Government, protect legal right and benefit of land user as 12 well as owner of property attached with land in exploiting and enjoying interest yield, income getting from land, property attached with land in real estate market - Fluctuation in land relationships via different history periods - Legal awareness and ability of implementing law of subjects - Human and quality of apparatus, mechanism, institution of state management on land; developing application of scientific and informatics technology achievements in managing state and society Conclusion of chapter Registering right of land use, right of house ownership and property attached with land is understood to fill and record legal status of land use right, house ownership right, other properties attached with land and right of land management to a land lot into cadastral records and need to be recognized and explained both aspect and under civil right and property registration in civil The argument in this thesis is concluded: Registering and issuing certificate of land right use, right of house ownership and other properties attached with land is a special administration – civil procedure In Vietnam, registering and issuing certificate of land right use, right of house ownership and other properties attached with land must be adjusted by law upon unification or model of comprehending ascendancies of the model “sovereignty right” combining reasonable nuclear of the model “transaction document registration” Legal structure on registering and issuing certificate of land right use, right of house ownership and other properties attached with land includes: Group of legal documents regulated about principles in registering and issuing certificate of land right use, right of house ownership and other properties attached with land; about condition and object is issued certificate of land right use, right of house ownership and other properties attached with land; about competence, process and procedure of implementing registration and issuance of land use right certificate, right of house ownership and other properties attached with land; about content, appearance of cadastral document and of certificate of land use right, right of house ownership and other properties attached with land; about land price and financial obligation of subjects in registering and issuing certificate of land right use, right of house ownership and other properties attached with land 13 Chapter THE LEGAL REALITY OF REGISTERING, ISSUING CERTIFICATE OF LAND USE RIGHT, RIGHT OF HOUSE OWNERSHIP AND OTHER PROPERTIES ATTACHED WITH LAND AND PRACTICE IN HOCHIMINH CITY 3.1 The legal reality of registering and issuing certificate of land right use, right of house ownership and other properties attached with land 3.1.1 Legal reality regulated on principle in registering and issuing certificate of land right use, right of house ownership and other properties attached with land This section has analyzed principles: i) Certificate of land use right, right of house ownership and other properties attached with land which is issued for subject upon land lot; ii) On the same land lot with many users, house owners and other properties attached with land, registering and issuing certificate of land right use, right of house ownership and other properties attached with land shall be issued for each person, owner of house and other properties attached with land; ii) Certificate of land use right, right of house ownership and other properties attached with land is only issued after completing financial obligation excepting for exemplification or debt upon regulation of law; iv) Certifying right of house ownership, right of other property ownership attached with land is only implemented to land lot belonging to the case of issuing certificate of land use right and must belong to legal ownership of subjects 3.1.2 Legal reality regulates about registering and issuing certificate of land right use, right of house ownership and other properties attached with land Registering land, house and other properties attached with land including the first registration and fluctuation registration are implemented at organization of land registration belonging to land management authorities by paper registration or electronics with equal value Procedure of first issuance shall belong to competence of People’s Committee of District; procedure of issuance and change, re – issuance of land use right certificate, fluctuation registration after issuance of certificate shall move to Land Registration Authority of Province for completion For household, individual, community of residence are using land with paper of land use right according to current regulation of law 3.1.3 Legal reality regulates about object, subject of registering and issuing 14 certificate of land right use, right of house ownership and other properties attached with land Land registration is forcible to land user and people who are handed over land for management; registering right of house ownership and other properties attached with land which is implemented upon requirement of owner Registering land for organization, individual is carried out via Land Registration Authority Current land law has more specific and clearer about object, subject of registration and is issued certificate of land use right, right of house ownership and other properties attached with land by the Government Compared to regulations of Land Law in 2003, Land Law in 2013 have supplemented new objects as: Corporations with foreign capital including 100% foreign capital, joint – venture, Vietnam corporations but foreign investor owns shares, merges, repurchases according to regulation of law, buyer of other property attached with land; user of land lot split, land lot merge; group of land users or members of household, husband and wife, organization uses land of current land use right separation and integration; land user suggests to issue or re – issue certificate of land use right, right of house ownership and other properties attached with loss land 3.1.4 Legal reality regulates about competence, process, procedure of registering and issuing certificate of land right use, right of house ownership and other properties attached with land Competence of issuing certificate of land use right, right of house ownership and other properties attached with land is regulated as below: i) People’s committee of province issues certificate of land use right, right of house ownership and other properties attached with land for organization, religious place; Vietnamese living in foreign countries, corporation with foreign capital investment; foreign organization with foreign affair function; ii) People’s committee of District issues certificate of land right use, right of house ownership and other properties attached with land for household, individual, resident community, Vietnamese living in foreign countries are owned house attached with right of land use in Vietnam; iii) Cases have been issued Certificate, Certificate of house ownership, Certificate of construction work that carry out right of land user, owner of property attached with land or Certificate, Certificate of house ownership, Certificate of construction work are re – issued or changed by environment and natural resource authority upon regulation of the Government Current land law also regulates specifically upon simplifying administrative procedure about process, process, time of solving procedure of registering and issuing certificate of land right use, right of house ownership and other properties attached with land for some cases: First registration, land fluctuation registration, properties attached with land; 15 Adjusting, re- issuing, changing certificate of land use right, right of house ownership and other properties attached with land when loss 3.1.5 Legal reality regulates about financial obligation when registering and issuing certificate of land right use, right of house ownership and other properties attached with land Financial obligation in registering and issuing certificate of land right use, right of house ownership and other properties attached with land is determined on the basis of valuating land in price frame which was issued by the Government period 05 years once to each type of land On the basis, People’s committee of province prepares list of land price and submits People’s Council for approval to be basis of determining: a) Money uses land when the Government hands over land for user with money collection, allowance of converting purpose of land use, acceptance of land use right with payment; b) Rental fee for lease by the Government; c) Tax of using land; d) Income tax from converting right of using land; e) Fee and charge in land management and use; f) Money from legal violation on land (if any) 3.2 Legal reality of registering and issuing certificate of land right use, right of house ownership and other properties attached with land in Hochiminh city 3.2.1 Overview of natural, socio- economy condition of Hochiminh city has impact and influence to registration, issuance of certificate of land use right, right of house ownership and other properties attached with land Hochiminh city is a special city; large center of economy, culture, education – training, science – technology; exchange clue and international integration; motive force, motivation, attraction and large spread of the region and country Until 31/12/20020, Hochiminh city has got 20 district administration units including 19 districts and districts Since 01/01/2021, when Thu Duc city was established, Hochiminh city had 22 district administration units at district, including 16 districts, 05 districts and 01 city; 312 commune administration units including 58 communes, 249 wards and 05 towns Population of Hochiminh city (up 0h, April 1st, 2019) was 8.993.028 people, increased 1, million compared to 2009, with average rate of 2, 28% (per years increase million) make house matter to be urgent A large city, high increase of mechanical population, speed of urbanization is the biggest in the country as Hochiminh city make land fluctuation and properties attached with land bigger with impact and effect to implement law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land 16 3.2.2 The reality of registering and issuing certificate of land right use, right of house ownership and other properties attached with land attached with land in Hochiminh city since Land Law in 2013 up to now Right after Land Law in 2013 was issued and effective since the date 01/07/2014, People’s Committee of Hochiminh city issued decision No 4963/QĐ-UBND dated October 8th, 2014 issued Plan of implementing land law and documents of instructing implementation in Hochiminh city Accordingly, Hochiminh city determines to keep consolidating organization apparatus of Department of Natural Resources and Environment and Divisions of Natural Resources and Environment; positively updating new legal documents; strengthening administrative reform in land management, concentrating on reviewing publishing Code of administrative procedure on land belonging to competence to apply the unification in the region After one year of implementation (2015), city issued 1.408.046 certificates, reached the rate of 92, 4% over total1.523.578 houses, and land in the region In 2015, People’s Committee of Hochiminh city issued legal documents related to land, dismissed 23 documents, kept originally 16 documents and replaced 35 documents City took back land of projects which are delayed in progress with total area of189,4ha; Making Auction right of land use successfully land lots with total area of 1,4197 ha, and contributing nearly 150 billion into state budget On 03/06/2015, People’s Committee of Hochiminh city issued Decision No 2602/QĐ-UBND about establishing Hochiminh Land Registration Authority from 25 units, those are: Land Use Right Registration Authority of City and Land Use Right Authorities of districts, organization mechanism includes Divisions and 24 Branches of Districts In 2016, unification of a leading clue on profession, qualification of land management solved many existence, trouble in system of registration authority of land use right two grades previous  Situation of certifying the first certificate of land right use, right of house ownership and other properties attached with land to organizations Period 2015 – 2019, issuing certificate of land right use, right of house ownership and other properties attached with land first time for organizations in Hochiminh city was implemented at two authorities, they were Land Registration Authority of city and Branch of district registration authority In which, issuing firstly certificate of land right use, right of house ownership and other properties attached with land firstly for organizations in Hochiminh city mainly took place in districts, accounting for 99,37% Result of issuing firstly certificate of land right use, right of house ownership and other properties attached with land for organizations in Hochiminh city period 2015 – 2019 was comprehended as below: in 2015, Registration authority of district land use right, accepting some large documents of 7.991 and until to 2016, 17 quantity of accepted documents decreased strongly 59,19% (3.261 documents) However, 2017 – 2018 increased gradually and stably: In 2017, received 3.413 documents at districts (increased 4, 66% compared to 2016); in 2018, received 4.053 documents (increased 18, 70% compared to 2018)  Situation of issuing certificate of land right use, right of house ownership and other properties attached with land to households, individuals In period 2015 – 2018, Branches of district land registration authority received registration document and first issuance of total 125.419 certificates of land right use, right of house ownership and other properties attached with land for households and individuals in Hochiminh city In 2015, with large quantity of 44.913 certificates of land right use, right of house ownership and other properties attached with land for households, individuals; in 2016, due to solve some large quantity of existing documents in 2015, so the quantity reduced 31.943 down 28, 88% compared to 2015; in 2017 issued 24.987 down 21, 78% compared to 2016 and 2018 issued 23.576 down 5, 65% compared to 2017 From statistic data, rate of issuing certificate of land right use, right of house ownership and other properties attached with land for individuals and households with first issuance reduced strongly via years 2016 – 2017; in 2018 reduced 5,65% Years 2016 – 2018, quantity of first issuance of certificates of land right use, right of house ownership and other properties attached with land for individuals and households took place more slowly and stable  Situation of registering fluctuation and issuing certificate of land right use, right of house ownership and other properties attached with land for organizations in Hochiminh city period 2015 – 2019 About changing, re – issuing certificate, issuing certificate due to transference, offering, contributing capital for new legal entity: in 2015 was 7.326 documents; in 2016 was 7.326 documents; in 2017 was 18.690 documents (increased 158% compared to 2016); in 2018 was 16.362 documents (decreased 12,4% compared to 2017); in 2019 was 15.581 documents (decreased 0,1% compared to 2018) About registering secured transaction: In 2015 was 10.033 documents; in 2016 was 10.033 documents; in 2017 was 10.840 documents; in 2018 was 6.585 documents; in 2019 was 5.318 documents About registering fluctuation (due to change name, for lease, re – rent, transference, change purpose of use, capital contribution, split land lot, move from rent to hand over, repair mistake): In 2015 was 2.298 documents; in 2016 was 3.207 documents; in 2017 was 5.055 documents (increased 158% compared to 2016); in 2018 was 3.116 documents (decreased 38,36% compared to 2017); in 2019 was 1.610 documents (decreased 48,33% compared to 2018) 18  Situation of registering fluctuation and issuing certificate of land right use, right of house ownership and other properties attached with land for households, individuals in Hochiminh city period 2015 – 2019 Data about situation of registering fluctuation and issuing certificate of land right use, right of house ownership and other properties attached with land for households, individuals in Hochiminh city period 2015 – 2019 about changing, re – issuing certificate, issuing certificate due to transference, offer, total was 304.733 documents 3.2.3 General assessment about reality of registering and issuing certificate of land right use, right of house ownership and other properties attached with land in Hochiminh city since Land Law in 2013 until now - Hochiminh city quickly institutionalised at local in implementing Article 100 Land Law in 2013, dismantled huge quantity of land lots in city which were not issued certificate of land use right due to not meet condition upon Land Law in 2003, creating legal basis for large quantity of land users belonging to above case shall be issued certificate of land use right, creating safe psychology for people, and promoting speed of issuing certificate of land use right of the local Besides, debt policy when issued certificate of land use right for households and individuals meet difficult in finance according to regulation of law also creates favorable condition for people to register and issue certificate of land use right - About difficulties, troubles in implementing law on registering and issuing certificate of land use right in Hochiminh city: Difficulties, troubles in applying principle of issuing certificate of land use right, defining necessary and enough condition to issue certificate, situation of encroaching is also complicated, land lots of adjacent households without boundary marker; existing cheat and incorrection in confirming time of using land, origin and land use status of commune authority; troubles about law of house, land of people exist via many periods without solving; internet infrastructructure is not equal to volume of basis of created data and level of updating registration information, usual land transaction serving for daily operation; management, update, exploit and sharing data basis of the system are not simultaneous; some branches of district land registration authority still meet difficulty of faculity, equipment for working, especially store and headoffice; receiving, returning result of administrative procedure at 03 grades aiming at breakthrough targets in reforming administration upon the requiremnt of People’s Committee of city meet many difficulities Conclusion of chapter Law on registering and issuing certificate of land use right until now in our country has much development and change on nature which are 19 recorded and reflected in legal regulations, especially since the Land Law 2013 was approved and effective until now on aspects as: Specific and full regulations of principles, condition, objects are issued certificate of land use right, financial obligations when land user is issued certificate, process, procedure of issuing certificate of land use right and cases are accepted right of land use in special cases In Hochiminh city, right after Land Law in 2013 was issued and executed, People’s Committee of Hochiminh city issued Decision No 4963/QĐ-UBND on October 8th, 2014 issued Plan of deploying and implementing land law and instruction document of implementation in Hochiminh city Hochiminh city continues to consolidate state management apparatus on natural resources and environment; reforming administration in the land field on registering and issuing certificate of land right use, right of house ownership and other properties attached with land upon mechanism “one door” in order to step by step unify one clue at Hochiminh city; reviewing, publishing Code of administrative procedure on land belonging to the competence to apply in 2019, Hochiminh city also built plan, organization of implementing and checking the implementation of administrative procedure, result of soft operation “Electronics door of land document management”, applying ISO electronics management of land document However, beside of achievement, there are available difficulties and troubles needed to be recovered in implementing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land in Hochiminh city Chapter ORIENTATION, SOLUTION OF COMPLETING LAW AND ENSURING THE IMPLEMENTATION OF LAW ON REGISTERING AND ISSUING CERTIFICATE OF LAND USE RIGHT, RIGHT OF HOUSE OWNERSHIP AND PROPERTY ATTACHED WITH LAND 4.1 Orientation of completing law and ensuring the implementation of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land 4.1.1 Opinion of completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land Opinion of completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land during current period in Vietnam must be determined: Firstly: By its public politic power, the Government unifies to manage land by its representative of overall population owner to land, the Government implements its right of ownership via plan decision, plan of using land; allowing to convert purpose of using and regulating the time of using land; deciding land price; deciding policy of monitoring added value from land 20 which is not created by user; handing over right of using land and withdrawing land to use in purpose of national defense, security, serving national benefit, public benefit and projects of developing economy, society upon regulation of law Secondly: Land users are handed over land, leased, accepted by the Government to use long term or with duration, they shall have right to convert, transfer, lease, re – lease, inherit, give, mortgage, contribute capital by right of land use and shall compensated when the land is withdrawn by the Government upon each type of land and its origin of land use according to regulation of law Land user has obligation to register right of land use, using land right as its purpose, complying plan, accepting law on land Thirdly: The Government protects legal right and benefit for registered users according to regulation of law, simultaneously the Government has strong enough sanction to prevent cases from transaction without registering in competent authority 4.1.2 Orientation of completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land Basic orientation for completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land includes: - Completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land puts in an overall of unification, synchronization of land policy and law in relation, from Constitution to Civil Code, Land Law and legal regulation related to properties attached with land in Laws as: House Law, Real estate Business Law, Law of Public Property Management and Use, Law of Forestry Development and Protection; Law of Plan; Investment Law upon public and private partner (PPP)… - Registering land and issuing certificate of land use right, right of house ownership and other properties attached with land in Vietnam currently must be established, adjusted law and implemented in an overall of unification according to comprehensive model of ascendance of the model “sovereignty registration” combining reasonable nuclear of the model “registering transaction document” - Completing and ensuring the implementation of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land during current period of our country also need to be put in the comprehension of strongly promoting administrative reform, informatics technology application, deploying electronics Government toward digital Government and digital economy in Vietnam 21 4.2 Solution of completign and ensuring the implementation of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land 4.2.1 Group of solution of completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land - Reviewing, repairing, supplementing legal regulation on registering and issuing certificate of land right use, right of house ownership and other properties attached with land in synchronization of legal system in general, recovering limits, inadequacy, overlap to ensure the synchronization, unification between regulations of Land Law, House Law, Law of Forestry Development and Protection, Business Law of Real Estate, Law of Plan, Investment Law etc., - Supplementing specific regulations on papers which are the basis of condition enough for issuing certificate; building a code of criteria to check legality of papers are basis of issuing certificate of land right use, right of house ownership and other properties attached with land, supplementing regulations to determine clearly the duration for People’s Committee of commune to confirm documents related to register and issue certificate of land right use, right of house ownership and other properties attached with land according to regulations in Land Law If overtime without confirming, it is necessary to have reply in written with reason for people to strengthen responsibility of People’s Committee of Commune, creating condition for people to issue certificate of land use right - Regulating clearly the way of calculating area in the event that resident land and works serving daily life have built over the limit Specific regulation of instruction, to avoid the case of accepting arbitrarily for land user of resident land which can not be accepted to be - Amending, supplementing regulations related to finance, land price 4.2.2 Solutions of ensuring the implementation of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land Solutions of ensuring the implementation of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land: - Promoting reform of administrative procedure on land, innovating working style, working way of officers and competent authorities on registering and issuing certificate of land right use, right of house ownership and other properties attached with land 22 - Keeping complete basis of cadastral data, improving quality of measurement serving land management and certificate issuance step by step “digitalizaiton”, applying informatics technology - Promoting inspection, check, supervision of implementing policy and law on land in general and registering and issuing certificate of land use right, right of house ownership and property attached with land in particular - Promoting mechanism of coordinating, combining between functional offices in registering and issuing certificate of land right use, right of house ownership and other properties attached with land Conclusion of chapter Basic orientation for completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land; Making proposal and demonstrating 05 solution groups of completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land and 05 solution groups of ensuring the implementation of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land, specifically: 1) Basic orientation for completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land including: i) About completing current regulation of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land must be put in orientation of repairing supplementing and completing land law in a unified form, policy synchronization, land law and other laws in relation, from Constitution to Civil Code, Land Law and legal regulations related to properties attached with land in Laws as below; House Law, Business Law of Real Estate, Law of Public Property Use and Management, Law of Forestry Development and Protection; Plan Law; Investment Law, Public Investment Law, Construction Law; Law of Investment upon Public and Private Partner (PPP)… ii) Completing legal regulations on registering and issuing certificate of land right use, right of house ownership and other properties attached with land in current period in our country must carry out upon thoughts, new awareness of land use right in the regime of overall population ownership on land regulated in Constitution 2013, accordingly, right of land use is determined to be a type of property right which is protected by law iii) Current regulations of law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land in current period of our country must be kept complete to ensure the 23 public, transparence and be easy to access information about land and properties attached with land 2) Solution group of completing law on registering and issuing certificate of land right use, right of house ownership and other properties attached with land including: i) Reviewing, repairing, supplementing legal regulation on registering and issuing certificate of land right use, right of house ownership and other properties attached with land in synchronization of legal system in general, recovering limits, inadequacy, overlap to ensure the synchronization, unification between regulations of Land Law, House Law, Law of Forestry Development and Protection, Business Law of Real Estate, Law of Plan, Investment Law etc., ii) Condition of registering land and issuing certificate of land right use, right of house ownership and other properties attached with land needs to supplement specific regulations of papers which are basis with enough condition to issue certificate; build a code of criteria to check legality of papers are basis of issuing certificate of land right use, right of house ownership and other properties attached with land CONCLUSION All above matters have been setting out urgent requirements for finding more effective and perfect explain from legal system of land upon synchronization with related branches and with equality and advance The thesis also uses and inherits research results of establishment process and development of land law via periods of registering land and legal ways of recording and ensuring for land transactions which origin from objective requirements of social life and reality of theoretical research on real estate and property; registering real estate and property, theory of real estate are applied in the adjustment of civil law and other legal regulations as well as recommendation of building organization model of registration authority, completing law on registering right of land use, articles about building and issuing Law of Property Registration in our country currently./ 24 LIST OF PUBLISHED WORKS Trần Thị Thu Hà 2018 “Legal matters on land registration in Vietnam currently”, Journal of Comerce, vol 12 – September 2018, p.57-61 Trần Thị Thu Hà 2019 “Legal matters about issuing certificate of land use right, right of house ownership in Hochiminh city currently”, Journal of Commerce, vol.17 – September 2019, p.16-20 ... attached with land 16 3.2.2 The reality of registering and issuing certificate of land right use, right of house ownership and other properties attached with land attached with land in Hochiminh... other properties attached with land in Vietnam in general and in Hochiminh city in particular Object and scope of research 3.1 Object of research - Researching theoretical matters about registering... explain theoretical matters about law and reality of registering and issuing certificate of land use right, right of house ownership and other properties attached with land in Hochiminh city New points