A summary of the doctoral dissertation of law: The land law of Viet Nam and of sweden

This research it defines the fundamental issues of any land registration system, highlights the benefits of an effective system and the requirements for it, as well as the factors which can be considered as its indispensable pillars. Legislators should pay attention to these issues when reforming the land registration system.
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A summary of the doctoral dissertation of law: The land law of Viet Nam and of swedenFACULTY OF LAW LAW UNIVERSITY OFUniversity of Lund H Chí Minh city NG ANH QUÂN TWO LAND REGISTRATION SYSTEMS – THE LAND LAW OF VI T NAM AND OF SWEDENField of Study: International and Comparative Law Code: 62.38.60.01 A SUMMARY OF THE DOCTORAL DISSERTATION OF LAW 2011This research was done at: LAW UNIVERSITY OF H CHÍ MINH CITY LUND UNIVERSITY, SWEDENSUPERVISORS: Prof. Hans Heinrich Vogel Prof. Ph m H u NghDiscussant 1: .........................................................Discussant 2: …………………………………….Discussant 3: .........................................................This dissertation will be presented at ……………….………………….........................................................Date and time:........................................................... This dissertation can be found at the followinglibraries:………………………………………………………… ……………………………………........................ 2 Chapter 1 INTRODUCTION1.1. Background Based on the implementation of the “open-door” policy andthe concurrent acceptance of the market economy, Vi t Nam has inrecent years achieved much both in terms of joining the worldmarket and in improving social life. Under the impact of the processof industrialization and modernization, there has been a majorchange in the use of major resources such as capital, land and labourwith the focus being on industry and services. The rules that relate to land have, after a series ofamendments, become crucial to the above process. Land users nowhave greater rights to land. Land use rights and the propertiesattached to land have become a huge source of capital that the Stateand the people use for investing, developing businesses, enlargingco-operative relationships and attracting foreign investment to Vi tNam. However, as the State has had not much experience inmanaging this new market, the real estate market in general and themarket in land use rights in particular has developed spontaneouslyand outside the State’s control, leading to some negative impacts onthe socio-economic situation. In this context, the problem of how tomanage the real estate market and effectively exploit real propertyand correctly orientate its development has become a pressing one. A number of solutions had been put forward by theCommunist Party and the State in their guidelines and policies. Oneof the tools used is land registration, and one thing which needs to be 3done is the modernization of the system of land registration andland/real estate information supply in general. Successful establishment of the land registration system andthe provision of a system of real estate information supply on thebasis of the application of information technology will play animportant role in simplifying administrative procedures; making thereal estate market more and more transparent with full, clearinformation on real properties; guaranteeing legal safety for partiesin transactions; limiting disputes regarding land and real estate; andassisting the State in both managing the real estate market andpreventing lose of tax. In order to reform and modernize the land registrationsystem pursuant to the Communist Party’s policies, research on andappraisal of the current situation of the land registration system needsto be engaged so that one can truly grasp the shortcomings of thesystem. Once this is done, solutions can be enacted andimplemented. Many research projects have been carried out. However,most of them focus on technical solutions regarding thecomputerization of the management and operation of landregistration activity. Some researches on legal aspects aim at the realestate market as a whole with little focus on land registration. Suchresearch as does concentrate on the registration system mainly paysattention to the problem of real property ownership in general anddoes not focus on the fact that land management should be afoundation for the management of all other types of real property.Further, they do not determine the essential factors of a land 4registration system with a view to setting up an effective system,especially so far as concerns information supply. What I choose to focus on is evaluating the Vietnamese landregistration system and determining the factors indispensable for itsworking. In doing this, I examine useful examples in otherregistration systems and t ...