ABSTRACT:
From dang nhap w88 strong development trend of investment and business activities related toland use rights in dang nhap w88 current real estate business, it is possible to predict dang nhap w88 strong attractiveness and tremendous development opportunities of this business field in dang nhap w88 future. dang nhap w88 land use rights trading market will become more exciting and a hot spot that attracts real estate investors. Besides dang nhap w88 key factor which is dang nhap w88 supply and demand of dang nhap w88 market, dang nhap w88 situation of disputes is also a factor to assess dang nhap w88 growth of dang nhap w88 market for land use rights. In order to create stable business growth, dang nhap w88 essential factor is dang nhap w88 ability to resolve disputes arising. If dang nhap w88 quality ofdispute resolutionis not improved, it will lead to disappointment in an unstable business market, business entities will not want to continue investing in this area. Not realizing dang nhap w88 positive nature of dispute resolution will lead to negative reviews for dang nhap w88 legal system and dang nhap w88 market for land use rights is still unstable. Shortcomings of dang nhap w88 system of legal regulations on dispute resolution ofland use right transfer contractsneed to be replaced by a system of strict binding regulations in terms of dispute settlement and binding procedures. all business entities.
Keywords:Contract of land use right transfer in real estate business, dispute resolution, advanced solution of dispute resolution.
1. Set dang nhap w88 problem
Real estate business in Vietnam has many great opportunities to attract dang nhap w88 attention of business investment, especially in real estate business of land, housing and business infrastructure development. This is one of dang nhap w88 potential factors to promote dang nhap w88 development of dang nhap w88 real estate market. dang nhap w88 number of real estate business transactions is constantly increasing, including business transactions related to land use rights which always occupy a large amount. dang nhap w88 rapid increase in dang nhap w88 number of business transactions of land use rights has become dang nhap w88 cause of dang nhap w88 growing popularity of land use rights transfer disputes, dang nhap w88 number of cases of disputes over any type of business contract Estate in general and dang nhap w88 contract of land use right transfer in real estate business in particular account for a large proportion of other civil contract disputes. Accompanying dang nhap w88 development of land use rights business in dang nhap w88 context of dang nhap w88 current real estate economy, land use right transfer contracts play an increasingly important role as a legal basis for rights and obligations between parties when conducting business transactions. In addition to dang nhap w88 State's management policies and socio-economic conditions, dang nhap w88 legal environment is a decisive factor to develop land use right transfer transactions. dang nhap w88 reality of dang nhap w88 court's dispute settlement shows that dang nhap w88 number of disputes related to land business transactions accounts for a large proportion. dang nhap w88 cause of this situation is because dang nhap w88 legal system still has some inappropriate regulations, there are still gaps for investors, organizations and business individuals, buyers can "circumvent dang nhap w88 law". dang nhap w88 perception of entities on legal regulations on land use right transfer contract is still not high. It is necessary to continue studying and completing solutions to improve dang nhap w88 efficiency of dispute resolution of land use right transfer contracts in terms of law-making, guiding dang nhap w88 implementation of laws and solutions on implementation organization coordination mechanism, to avoid too complicated and too much legal system related to land use right trading.
2. Characteristics of disputes over land use right transfer contracts according to dang nhap w88 Law on Real Estate Business 2014
dang nhap w88 Law on Real Estate Business in 2014 has more fully defined dang nhap w88 content of real estate business activities compared to dang nhap w88 previous. Accordingly, real estate business organizations and individuals invest capital to carry out construction, purchase and transfer activities to sell, transfer, lease, sublease, lease and purchase real estate, real estate brokerage services, real estate trading floor services, real estate consulting services or real estate management for profit purposes. Contract of land use right transfer in real estate business is not for purely civil transaction purpose but dang nhap w88 purpose of land use right transfer contract is dang nhap w88 profit gained from trading activities. dang nhap w88 majority of cases of transferring land use rights in real estate business are aimed at implementing investment, production, business or infrastructure projects to transfer or sublease for dang nhap w88 purpose of looking for profit. Thus, another feature of a dispute over a real estate business contract for a land use right is always associated with dang nhap w88 purpose for dang nhap w88 benefit of at least one of dang nhap w88 parties to dang nhap w88 dispute. dang nhap w88 establishment of a civil contract in general and dang nhap w88 parties towards different purposes and benefits, however, with a contract to transfer land use rights in real estate business, contracting is formed derived from dang nhap w88 purpose of profit. This feature comes from dang nhap w88 law of real estate business that has been legalized in Clause 1, Article 3, Law on Real Estate Business 2014: "Real estate business is capital investment to carry out construction activities. Construction, purchase, transfer or sale or sale, lease, sublease, lease and purchase of real estate, real estate brokerage services, real estate transaction services, private services real estate or real estate management for profit purposes dang nhap w88 purpose of making a profit is considered a prerequisite of a land use right transfer contract in dang nhap w88 real estate business. In fact, profits have been proven to attract organizations and individuals to invest in this business, contributing to boosting dang nhap w88 real estate market in general and market for land use rights in particular developed.
Compared to dang nhap w88 Law on Real Estate Business in 2006, dang nhap w88Law on Real Estate Business in 2014had more regulations to expand dang nhap w88 conditions of organizations and individuals conducting land use right transfer transactions in real estate business. dang nhap w88 subject of a dispute on a real estate business contract for a land use right is dang nhap w88 subject of a real estate business contract. Accordingly, for a contract of land use right transfer in real estate business, participants must be dang nhap w88 owner of a real estate business when entering into a contract and dang nhap w88 other may be dang nhap w88 owner of dang nhap w88 business. real estate or not. Organizations and individuals that meet business conditions in dang nhap w88 form of enterprises and cooperatives and have legal capital in accordance with dang nhap w88 Law on Real Estate Business in 2014 are entitled to transfer land use rights. dang nhap w88 law also stipulates dang nhap w88 expansion of dang nhap w88 right to transfer land use rights to small and irregular real estate business households and individuals, but need to declare and pay taxes in accordance with dang nhap w88 law.
Disputes over land use rights transfer contracts are considered dang nhap w88 most common form of dispute over real estate business contracts. Disputes over land use right transfer contracts are conflicts, disagreements, conflicts between dang nhap w88 parties on dang nhap w88 improper or non-performance of rights and obligations in dang nhap w88 contract of land use right transfer. dang nhap w88 transfer of land use rights is a trigger point for development of real estate business activities, positively affecting other real estate trading markets. dang nhap w88 law on real estate business is perfected with dang nhap w88 conditions that dang nhap w88 types of land are allowed to trade in land use rights. n addition to dang nhap w88 conditions of land use rights without dispute, land use rights are not restricted to ensure judgment execution, during dang nhap w88 land use term. Article 9 of dang nhap w88 Law on Real Estate Business in 2014 revised dang nhap w88 regulation of having legal documents proving dang nhap w88 land use rights in accordance with dang nhap w88 law according to dang nhap w88 Law on Real Estate Business in 2006 into a regulation with a certificate of rights. land use according to land law. In fact, dang nhap w88 status of disputes over land use rights revolves around issues of inadequate land legal documents, dang nhap w88 transfer of mortgaged land use rights, and disputes over land use rights contracts. Disputes related to land use right transfer transactions of project owners due to dang nhap w88 policy of not implementing dang nhap w88 compensation obligation have been advertised to sell projects for compensation, when there is not enough compensation money, dang nhap w88 number of depositors advance without land as agreed. dang nhap w88 risk of investors' capital is likely to lead to significant economic losses for dang nhap w88 assignee, whereby dang nhap w88 assignee does not receive dang nhap w88 land and dang nhap w88 deposit cannot be returned. In many cases, small-scale individuals and households doing real estate business do not regularly allocate land use rights in dang nhap w88 form of handwritten papers. But when signing a transfer contract, dang nhap w88 conditions for reallocation of land plots are not guaranteed or in dang nhap w88 case of agricultural land signing a deposit certificate when not eligible for separation of land plots or transfer to residential land, will give rise to disputes between transferors and recipients of land use rights transfer. Concerning dang nhap w88 practice of resolving disputes on real estate business contracts, another legal issue is raised by dang nhap w88 legal provisions of dang nhap w88 form of land use right transfer contracts. Real estate business law in 2104 stipulates: Real estate business contract must be made in writing; dang nhap w88 notarization and authentication of contracts shall be agreed upon by dang nhap w88 parties, except for contracts on purchase and sale, hire-purchase of houses and construction works, contracts on land use right transfer, and parties to households and individuals business is not large, not often must be notarized or authenticated. Thus, according to dang nhap w88 provisions of dang nhap w88 Law on Real Estate Business in 2014, dang nhap w88 contract of land use right transfer must be notarized or certified when dang nhap w88 business owner of dang nhap w88 land use right is not an enterprise or real estate business cooperative. This is a difficult regulation for parties to transfer land use rights and practice of dispute settlement. Over dang nhap w88 past time, disputes over land use right transfer contracts have increased in number, most of dang nhap w88 contracts have been declared invalid due to violations of dang nhap w88 form of dang nhap w88 contract, although there are many cases between dang nhap w88 partiesassignment always wishes to enter into and perform contracts. From practice of dispute settlement, dang nhap w88 declaration of invalid contract must handle very difficult and complicated consequences. There are many cases where dang nhap w88 transferee has built dang nhap w88 project or transferred it to a third party, so dang nhap w88 damage of dang nhap w88 assignee is often very large. Therefore, dang nhap w88 purpose of managing transactions as well as limiting disputes arises when regulations on contract forms have not been reached. Practices that require real estate business law must have new regulations to ensure dang nhap w88 stability of business transactions on land use rights in real estate business and need to redefine cases of violations forms that do not lead to a contract being invalidated to bind dang nhap w88 parties' responsibilities and rights when entering into a contract.
Law on land use right transfer in real estate business is a legal field with wide adjustment contents, dang nhap w88 application of law on dispute settlement related to real estate business transactions in general and delivery land use rights business in particular is very complicated. Settlement of business contract disputes on land use rights is an important activity for dang nhap w88 parties to find appropriate methods and ways to eliminate conflicts, disagreements, conflicts arising from contract disputes. In cases where dang nhap w88 parties choose to settle disputes by court, dang nhap w88 settlement of disputes over land use rights transfer contracts in real estate business is dang nhap w88 basis for dang nhap w88 land law system and real estate business law affirms an important role in today's social life. dang nhap w88 contractual relationship of land use right transfer is associated with dang nhap w88 huge economic interests of dang nhap w88 parties, so it is very easy to dispute when there are conflicts of interest between dang nhap w88 entities of dang nhap w88 contract. When disputes arise, dang nhap w88 parties often seek different ways to resolve disputes to protect their rights and interests. dang nhap w88 current law has recognized many methods of settling land use right disputes, including negotiation, mediation, commercial arbitration and dang nhap w88 Court. Each method of dispute resolution has different characteristics that create advantages and disadvantages of each method. Depending on dang nhap w88 nature and extent of dang nhap w88 contract dispute, and combined with dang nhap w88 advantages and disadvantages and characteristics of each method of dispute settlement. Organizations and individuals can choose dang nhap w88 most effective way of resolving disputes in case of a dispute they encounter.
3. Solutions to improve dang nhap w88 efficiency of settling disputes on land use right transfer contracts in real estate business
Transfer of land use rights in real estate business is a field of business investment that brings a lot of profits but also many potential risks, dang nhap w88 top concern of organizations and individuals is to find opportunities. dang nhap w88 most effective way to resolve contract disputes. Therefore, studying to complete dang nhap w88 solution to improve dang nhap w88 effectiveness of land use right transfer contract settlement is an urgent requirement in dang nhap w88 context of increasing disputes from this business transaction contract become popular.
- New models and mechanisms for implementing land use right disputes are implemented to streamline compliance with land use right transfer contracts. dang nhap w88 real estate economy provides a new, larger context to apply and reshape dang nhap w88 legal framework under which it is affected. dang nhap w88 current law does not provide specific and adequate criteria to determine and pay attention to dang nhap w88 duration of inspection, appraisal, research and land use and management issues. dang nhap w88 operation and development of land-use business transactions will provide dang nhap w88 most important aspects, which will explain how they are consistent with dang nhap w88 applicability of dang nhap w88 law. When dang nhap w88 administrative mechanism, an inappropriate natural reciprocal is still in a leading position instead of a free economy mechanism, dang nhap w88 application of law will be limited, a barrier to resolution real estate business disputes and for dang nhap w88 promotion of solutions to organize dang nhap w88 implementation of dang nhap w88 law.
- Establish a mechanism for settling disputes on land use right contracts in real estate business to ensure dang nhap w88 right to self-determination and freedom to conduct business in real estate economic fields. Completing dang nhap w88 legal framework of land use right transfer contracts deriving from dang nhap w88 specificity of dang nhap w88 land law relations and dang nhap w88 transfer of land use rights in relation to other legal areas such as dang nhap w88 law of business real estate, business, trade, investment, foreign exchange management, tax policy.
- Develop legislation to settle disputes on land use right transfer contracts in real estate business which need to be consistent with dang nhap w88 inevitable and objective development of a volatile and flexible real estate economy. dang nhap w88 legal system of land use rights business and regulations on dang nhap w88 mechanism of dispute settlement for dang nhap w88 previous economy, whether it is still suitable for dang nhap w88 current stage of real estate business development. It can be pointed out that dang nhap w88 current unrest in dang nhap w88 market in terms of land use rights comes from dang nhap w88 uncertainty of existing legal regulations, leading to many business entities taking advantage of that legal situation to avoid , reduce their obligations to business partners. It is necessary to ensure that law-making planning will catch up with dang nhap w88 business practices and new fluctuations in dang nhap w88 current land-use trading market.
- Improving dang nhap w88 effectiveness of law to resolve disputes over land use right transfer contracts in real estate business must be placed in an organic relationship with perfecting dang nhap w88 real estate business law system in general. Developing a law on dispute resolution should be based on dang nhap w88 content of dang nhap w88 legal basis, need to create dang nhap w88 structure, space and scope, understand dang nhap w88 economic conditions of dang nhap w88 dispute, understand dang nhap w88 aspects of contract terms and frameworks Contract is very important, is dang nhap w88 first step of applying a dispute resolution law.
- dang nhap w88 market for land use rights is a risky economic market, which means successful or failed transactions, bad or good transactions are born anytime, anywhere and understand dang nhap w88 law will help adapt to business environment. On dang nhap w88 side of business investors, it is necessary to organize and guide dang nhap w88 system of legal regulations on land business and real estate business. Mastering dang nhap w88 legal regulations will help business owners solve psychological barriers when conducting land business investment transactions.
- Legal land information is an important element of dang nhap w88 dispute resolution process, affecting dang nhap w88 legal rights and interests of dang nhap w88 litigant, so dang nhap w88 competent authorities need to coordinate closely and support information supply support at dang nhap w88 request of dang nhap w88 procedural agency. One of dang nhap w88 important principles of dang nhap w88 real estate registration system needs to ensure dang nhap w88 truth, objectivity, completeness and accuracy so as not to affect dang nhap w88 dispute resolution process. Publicizing dang nhap w88 legal status and this also helps dang nhap w88 parties avoid risks when establishing and executing transactions because there is no adequate and accurate legal information source. Publicity and transparency are an important factor for real estate business activities in general and land use right transactions in particular to develop stability.
REFERENCES:
- dang nhap w88 2015 Civil Code.
- Law on real estate business in 2014.
- dang nhap w88 real estate market is illegal.http://en.sblaw.vn/thi-truong-bat-dong-san-nhung-bat-cap-ve-mat-phap-ly/
- Legislation on real estate business formed in dang nhap w88 future.https://tapchitoaan.vn/bai-viet/kinh-doanh/phap-luat-ve-kinh-doanh-bat-dong-san-hinh-thanh-trong-tuong-lai#comments
- Nguyen Thi Hong Nhung (2013) Doctoral dissertation - Law on transfer of land use rights in real estate business.
BÀN VỀ NÂNG CAO HIỆU QUẢ GIẢI QUYẾT TRANH CHẤP HỢP ĐỒNG CHUYỂN NHƯỢNG QUYỀN SỬ DỤNG ĐẤT TRONG KINH DOANH BẤT ĐỘNG SẢN
NCS. NGUYỄN VĂN VIỆT
Học viện Khoa học xã hội
TÓM TẮT:
Từ xu hướng phát triển mạnh mẽ của hoạt động đầu tư, kinh doanh liên quan đến quyền sử dụng đất trong kinh doanh bất động sản hiện nay, có thể dự báo sức hút mạnh mẽ và cơ hội phát triển to lớn của lĩnh vực kinh doanh này trong thời gian tới. Thị trường giao dịch quyền sử dụng đất sẽ chứng kiến sự sôi động hơn nữa, trở thành tâm điểm chú ý của giới đầu tư kinh doanh bất động sản. Bên cạnh yếu tố then chốt là nguồn cung cầu của thị trường, tình hình tranh chấp cũng là yếu tố đánh giá tăng trưởng của thị trường kinh doanh quyền sử dụng đất hiện nay. Để tạo ra sự tăng trưởng kinh doanh ổn định, yếu tố cần thiết là khả năng giải quyết tranh chấp phát sinh, khi chất lượng giải quyết tranh chấp không được cải thiện sẽ dẫn đến sự thất vọng về một thị trường kinh doanh bất ổn, chủ thể kinh doanh sẽ không muốn tiếp tục đầu tư vào lĩnh vực này. Không nhận thấy được tính tích cực hoạt động giải quyết tranh chấp sẽ dẫn đến những đánh giá tiêu cực đối với hệ thống pháp luật và thị trường kinh doanh đất đai vẫn đang tiềm ẩn nhiều rủi ro pháp lý. Những bất cập của hệ thống quy định pháp luật giải quyết tranh chấp hợp đồng chuyển nhượng quyền sử dụng đất cần được thay thế bằng hệ thống các quy định có tính ràng buộc chặt chẽ về mặt thủ tục giải quyết tranh chấp, ràng buộc được tất cả các chủ thể kinh doanh.
Từ khóa:Hợp đồng chuyển nhượng quyền sử dụng đất trong kinh doanh bất động sản, giải quyết tranh chấp; giải pháp nâng cao giải quyết tranh chấp.
