Tóm Tắt (En) Law On Buying And Selling Commercial Housing From The Practice Of Da Nang City.docx

Research Objectives The research objective of the thesis is to addressfundamental theoretical issues regarding the buying andselling of commercial housing NOTM and the lawsgoverning the

1 The Urgency of the Topic

2 Research Objectives and Tasks

2.1 Research Objectives

The research objective of the thesis is to addressfundamental theoretical issues regarding the buying andselling of commercial housing (NOTM) and the lawsgoverning the buying and selling of NOTM; to examinethe current state of this legal field and evaluate itspractical implementation in Da Nang Based on this, thethesis proposes directions and solutions to improve thelaws on buying and selling NOTM and enhance theeffectiveness of its implementation in Da Nang city

 Theoretical research on the laws governing buyingand selling NOTM by discussing the basis for formingthe laws on buying and selling NOTM; the conceptsand characteristics of the laws on buying and sellingNOTM; conditions ensuring the enforcement of laws

on buying and selling NOTM; the process offormation and development of laws on buying andselling NOTM in our country

 Researching and analyzing the content of legal

evaluating the practical implementation of laws onbuying and selling NOTM in Da Nang to identifyachievements; limitations and weaknesses, and thecauses of these limitations and weaknesses as a basisfor proposing directions and solutions to improve thislegal field.

 Proposing directions and solutions to improve thelaws on buying and selling NOTM and enhance theeffectiveness of its implementation in Da Nang city

3 Research Subjects and Scope

 Theoretical schools, theoretical bases, and scientificperspectives both domestically and internationally onbuying and selling NOTM and the laws governingbuying and selling NOTM

 Regulations on buying and selling NOTM in the RealEstate Business Law 2024, implementing documents,and other related laws

 The practical implementation of laws on buying andselling NOTM in Da Nang city as an in-depth casestudy

3.2 Research Scope

The topic “Law on Buying and Selling CommercialHousing from the Practice of Da Nang City” has a broadresearch scope, involving many different laws However,within the framework of a doctoral thesis in law, this

thesis limits its research scope to the following specificissues:

 Content limitation: To suit the field of Economic

Law, the researcher only studies the regulations onbuying and selling NOTM for profit However,buying and selling NOTM for profit includes twocases: First, the case where real estate businessinvestors invest in building NOTM (creating NOTMcommodities) and then directly sell them for profit;Second, the case where secondary investors (realestate business organizations or individuals) buy,lease, or lease-purchase NOTM from primaryinvestors (investors who invest in creating NOTM)and then resell it to organizations or individuals inneed (third parties) for profit Within the scope of adoctoral thesis, the researcher does not aim tocomprehensively and systematically study all types ofbuying and selling NOTM between primary investorsand customers; between secondary investors andcustomers for profit but only delves into the basiclegal issues of buying and selling NOTM between realestate business investors and customers (includingcustomers who buy NOTM for business profit andcustomers who buy NOTM for residential purposes).This is one of the fundamental contents of the RealEstate Business Law 2023: “1 This law regulates realestate business, the rights and obligations oforganizations and individuals in real estate business,and state management of real estate business; 2.Thislaw does not apply to the following cases:

a) Agencies and organizations selling houses,construction works, transferring land use rights due to

ownership of houses, construction works, land use rightsdue to division, separation, consolidation, mergeraccording to legal regulations;

b) Agencies, organizations, units selling, transferring,leasing real estate that is public property according toregulations on management and use of public property;c) Organizations and individuals selling houses,construction works, transferring land use rights according

to judgments, decisions of courts or awards, decisions ofcommercial arbitration, decisions of competent stateagencies when settling disputes;

d) Organizations and individuals transferring, leasing,subleasing land use rights not in the case of investorstrading land use rights with technical infrastructure in realestate projects;

e) Leasing social housing to workers and laborers by theVietnam General Confederation of Labor as the projectmanagement agency according to housing lawregulations” and “Real estate business is an activity aimed

at seeking profit by investing capital to create housing,construction works, land use rights with technicalinfrastructure in real estate projects for sale, transfer;lease, sublease, lease-purchase housing, constructionworks; lease, sublease land use rights with technicalinfrastructure in real estate projects; transfer real estateprojects; real estate service business.”Thus, the Real Estate Business Law 2023 and itsimplementation are the focus of the thesis

 Time limitation: Regulations on buying and selling

NOTM in the Real Estate Business Law and other relatedlaws from 2014 (the year the Real Estate Business Law

2014 was issued) to the present

 Spatial limitation: The thesis studies the practical

implementation of laws on buying and selling NOTMwithin the territory of Da Nang city

4 Methodological Basis and Research Methods

The thesis employs the following fundamentalmethodological basis and research methods:

 The scientific research methodology of dialecticalmaterialism and historical materialism of Marxism-Leninism to identify the nature and characteristics ofbuying and selling NOTM and the laws governingbuying and selling NOTM; to study the formation anddevelopment process of buying and selling NOTM andthe laws on buying and selling NOTM; the relationshipbetween the laws on buying and selling NOTM andother related legal institutions such as the institution ofbuying and selling social housing; the institution ofhousing sales contracts; the institution of issuingcertificates of land use rights and ownership of assetsattached to land (collectively referred to asGCNQSDĐ); the institution of notarizing housing salescontracts; the institution of conditions for subjectsparticipating in legal relations on buying and sellinghousing

 Additionally, the thesis uses the following specificresearch methods:

i) The systematic method and analytical method areused to study the chapters in the thesis; as they requirequalitative and quantitative assessments of manyresearch issues

ii) The evaluation method, comparative method areused when studying the Overview of the researchsituation and theoretical basis of the thesis

commentary method are used when studying Chapter

1 Theory of buying and selling NOTM and the laws onbuying and selling NOTM

iv) The dialectical method, comparative method,evaluation method are used when studying Chapter 2.Current state of the law on buying and selling NOTMand its implementation in Da Nang city

v) The commentary method, synthesis method,inductive method, interpretive method are used whenstudying Chapter 3 Directions and solutions to improvethe law on buying and selling NOTM and enhance itseffectiveness in Da Nang city

5 Contributions of the Thesis

The doctoral thesis in law with the topic: “Law on Buyingand Selling Commercial Housing from the Practice of DaNang City” makes the following main contributions:

 Systematizes, supplements, and develops thetheoretical and practical basis for building andimproving the law on buying and selling NOTM in ourcountry

 Decodes the connotations of the concepts of housing,buying and selling housing in general, and the concepts

of NOTM, buying and selling NOTM in particular;while pointing out the characteristics of transactionsinvolving buying and selling NOTM

 Discusses the basis for constructing the law on buyingand selling NOTM; the concepts and characteristics ofthe law on buying and selling NOTM; factors ensuringthe enforcement of the law on buying and sellingNOTM; examines the historical development of thelaw on buying and selling NOTM to identify thedevelopment of legal thought of our state in buildingand improving this legal field

 Evaluates the current state of the law on buying andselling NOTM and its implementation in Da Nang city.

 Proposes solutions to contribute to improving the law

on buying and selling NOTM and enhancing its

The thesis is a valuable reference not only forlegislators; for state management officials on housing

in general and officials and public servants in Da Nangcity in particular but also a valuable monograph forlegal education institutions in our country in teachingand scientific research

6 Theoretical and Practical Significance

- Theoretical Significance

First, the thesis systematically and comprehensivelystudies the theoretical basis of buying and selling NOTMand the law on buying and selling NOTM in Vietnam.Through studying the thesis, readers are equipped withsystematic theoretical knowledge about buying andselling NOTM and the laws regulating the relationship ofbuying and selling NOTM from a business perspectiveaimed at profit, distinguishing it from the institution ofbuying and selling NOTM from a civil perspective.Second, the thesis constructs and standardizes the system

of concepts based on scientific analysis, including:Buying and selling NOTM, NOTM, law on buying andselling NOTM

Third, the thesis supplements, contributes toconsolidating, systematizing, and perfecting the system oftheoretical foundations on transactions of buying andselling NOTM and the law on buying and selling NOTM

in our country today

- Practical Significance

First, the thesis evaluates the practical implementation ofthe law on buying and selling NOTM in Da Nang cityfrom the perspective of a scientific research topic withanalyses and arguments based on scientific grounds,presented logically and rigorously with illustrativepractical information and data.

Second, the analyses of the theory of buying and sellingNOTM and the law on buying and selling NOTM inChapter 1 are verified and demonstrated to be reasonableand suitable to practical requirements through theevaluation of practical implementation in Da Nang city.Therefore, the content of the thesis is practical andreliable, convincing readers The thesis is a valuablereference for state officials and public servants in generaland for officials and public servants tasked with statemanagement of real estate in Da Nang city in particular

7 Structure of the Thesis

In addition to the introduction, overview of the researchsituation and theoretical basis of the thesis topic,conclusion, and list of references, the content consists of

03 chapters:

 Chapter 1: Theory of buying and selling

commercial housing and the law on buying andselling commercial housing

 Chapter 2: Current state of the law on buying and

selling commercial housing and itsimplementation in Da Nang city

 Chapter 3: Directions and solutions to improve

the law on buying and selling commercial housingand enhance its effectiveness in Da Nang city

OVERVIEW OF THE RESEARCH SITUATION AND THEORETICAL BASIS OF THE THESIS

TOPIC

I Research Situation

1 Group of Works on Theoretical Research on Buying and Selling Commercial Housing (NOTM) and the Law on Buying and Selling NOTM

Nguyễn Thị Hồng Nhung (2021) Analyzes the concept,

characteristics, and necessity of laws regulating buyingand selling NOTM Highlights inadequacies such asdisguised transactions, lack of regulations for new realestate types (officetel, condotel, shophouse, hometel), andinconsistencies between the Housing Law 2014 and LandLaw 2013 on contract validity Proposes solutions toimprove the law, valuable for theoretical and legal statusresearch in the thesis

Nguyễn Văn Mạnh (2007): Comments on housing

transactions in the Housing Law 2005 (buying, selling,leasing, mortgaging), evaluates consistency with the CivilCode 2005, and identifies issues with contract validity andforeign ownership rights Although the Housing Law

2005 is outdated, the article remains useful for studyingthe legal status in Da Nang

Chế Văn Trung (2020): Analyzes inadequacies in the

law on buying and selling future apartment buildings,such as the lack of deposit ratio regulations and guaranteeissues Proposes specific regulations, supporting the study

of the legal status of buying and selling NOTM

Phạm Quang Huy (2014): Studies contracts for

transferring future real estate, defining concepts,principles, and contract content Though not focused onNOTM, it provides a reference for NOTM sales contracts

Nguyễn Thị Minh Phương (2017): Doctoral thesis

analyzing housing sales contracts from civil andcommercial perspectives, with limitations on thecommercial aspect of NOTM Results are useful for thetheory of NOTM sales contracts

Hoàng Việt Trung (2021): Doctoral thesis researching

the legal theory of buying and selling future housing,constructing concepts, characteristics, and legalrequirements Highly valuable for the theory of buyingand selling NOTM

Nguyễn Minh Oanh (editor) (2018): Scientific

commentary on the Housing Law 2014, explainingregulations on housing transactions, including NOTM.Supports the study of the current legal status

2 Group of Works on Researching the Legal Status of Buying and Selling NOTM and Practical Implementation

Nguyễn Thị Nga (2015): Identifies typical violations in

buying and selling future housing (violations of salesconditions, guarantees, fraud) Suggests researchingviolations in buying and selling NOTM in Da Nang

Nguyễn Bá Thuận (2017): Highlights difficulties in

enforcing the law on buying and selling social housing inHanoi (lack of clarity on projects, land prices) Useful forcomparing with implementation in Da Nang

Hồ Xuân Mai (2017): Announces six NOTM projects in

Da Nang eligible for “selling houses on paper,”emphasizing the management role of the Department ofConstruction Provides practical data for Da Nang

Nguyễn Quang Tuyến (2021): Comments on the Real

Estate Business Law 2014, analyzing conditions,contracts, rights, and obligations in buying and sellingNOTM Supports the study of the current legal status

3 Group of Works on Researching Directions and Solutions to Improve the Law on Buying and Selling NOTM

Đỗ Việt Cường (2023): Points out inadequacies in the

law on buying and selling NOTM (lack of unity betweenlaws) and proposes solutions (adjusting contract validity,foreign rights) Reference for improvement solutions

Trần Quang Huy (editor) (2023): Studies the right to

own housing for foreign entities, proposing legalunification and facilitating buying and selling Useful forinternational integration solutions

Journal of Democracy and Law (2024): Comments on

the Real Estate Business Law 2023, analyzing regulations

on capital mobilization and housing business Suggestsimplementing new laws

Nguyễn Minh Tuấn (editor) (2016): Comments on new

points in the Civil Code 2015 regarding civil transactions,affecting buying and selling NOTM Reference for legalsolutions

Hoàng Việt Trung (2021): Proposes directions and

solutions to improve the law on buying and selling futurehousing (guarantees, advance payment control) Supportsbuilding solutions for the thesis

4 Evaluation of Research Results and Key Issues for Further Study

4.1 Evaluation of Research Results

Achievements:

Established basic concepts (housing, buying and sellingNOTM, contracts) Analyzed the theory and practice ofreal estate business law and buying and selling NOTM.Proposed solutions to improve the law at national or locallevels

Limitations: Lack of systematic research on the law of

buying and selling NOTM from the perspective of realestate business, especially from Da Nang’s practice.Some works are outdated due to the issuance of theHousing Law 2023, Real Estate Business Law 2023, andLand Law 2024

4.2 Key Issues for Further Study

Improve the legal theory of buying and selling NOTMfrom the perspective of real estate business: Buildconcepts, characteristics, and requirements of regulatorylaws Study the structure and factors ensuring theenforcement of the law on buying and selling NOTM:Analyze in the context of the market economy Evaluatethe practical implementation in Da Nang: Identify results,inadequacies, causes, and propose suitable solutions.Propose directions and solutions for improvement: Based

on new documents and practice, promote a transparentreal estate market and protect the rights of all parties

II Theoretical Basis of the Topic and Research Direction

2.1 Research Theories

2.1.1 Asymmetric Information Theory

Developed by George Akerlof, Michael Spence, andJoseph Stiglitz (Nobel Prize in Economics 2001), thistheory emphasizes the information disparity betweenparties in transactions In buying and selling NOTM, theseller (investor) often has more information than the buyer(customer) If information is incomplete or concealed, thebuyer faces financial risks or fraud The Real EstateBusiness Law 2023 requires investors to providetransparent, accurate information and imposes sanctionsfor violations, while also stipulating professional ethicsfor brokers to protect buyers

2.1.2 Consumer Protection Theory

Originating from Europe and applied in Vietnam throughthe Consumer Protection Law 2010, this theoryemphasizes the seller’s obligation to ensure quality andtimely delivery as per the contract In buying and sellingNOTM, investors must deliver houses as committed, notviolating customer rights for profit In reality, manydeceptive acts or misinformation occur, requiring the law

to strengthen buyer protection and strictly handleviolations

2.1.3 Rule of Law Theory

Stemming from philosophers like Montesquieu, thistheory affirms that all subjects (including the state) mustcomply with the law In buying and selling NOTM, partiesmust exercise rights and obligations according to the laws

on real estate business, housing, and contracts The lawensures equality, impartiality, and strictly handlesviolations, maintaining transaction order

2.1.4 Freedom of Business Theory

Recognized in the 2013 Constitution and laws like theReal Estate Business Law 2023, this theory affirms theright to freedom of business for individuals andorganizations in industries not prohibited by law Inbuying and selling NOTM, parties are free to agree oncontracts but must comply with regulations on businessconditions, rights, obligations, and violation handling,ensuring a healthy business environment

2.2 Research Hypotheses Real estate business investors

face difficulties from current legal regulations on buyingand selling NOTM Buying and selling NOTM hasunique characteristics, requiring the law to protect therights of all parties and promote a transparent business

economic) affect the effectiveness of law enforcement.Improving the law must comply with market rules andinternational integration

2.3 Research Questions How does buying and selling

NOTM differ from other real estate transactions? How dothe characteristics of buying and selling NOTM affectregulatory laws? What aspects of current laws are suitable

or inadequate? What are the market and internationalintegration requirements for the law on buying and sellingNOTM? How do Da Nang’s conditions impact lawimprovement? What are the directions and solutions toimprove the law in the context of a socialist-orientedmarket economy?

2.4 Approach and Research Methods

Approach: Analyze institutions, mechanisms, and

practices of buying and selling NOTM in Da Nang,comparing with other localities to identify violations andcauses

Research Methods:

Methodological Basis: Marxism-Leninism, Ho Chi

Minh’s ideology, and the Party’s viewpoints on marketeconomy and integration

Inherited Theories: Asymmetric information, freedom

of business, consumer protection, and rule of law

General Conclusion

The law on buying and selling NOTM is an importantinstitution within the Real Estate Business Law, but in-depth research from the perspective of commercial lawand Da Nang’s practice remains limited Previous worksprovide theoretical and legal evaluation bases, but manycontents are outdated due to the 2023 Real Estate BusinessLaw The thesis must study the theory and practice in Da

Nang to propose solutions to improve the law and enhanceits effectiveness in the new legal context.