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Information on Doctoral thesis of Fellows Bui Nguyen Phuong Le

1. Full name: Bui Nguyen Phuong Le                          2. Sex: female

3. Date of birth: 05/6/1978                                              4. Place of birth: Nghe An

5. Admission decision number: Decision No. 3239/QD-DHQGHN dated August 22, 2017 by the President of Vietnam National University, Hanoi.

6. Changes in academic process:

-  Decision No. 633/QD-KL dated May 17, 2018 by the Dean of School of Law – VNU on the change of supervisors of the post-graduate student.

- Returning to the place under the Decision No.948/ QD-KL dated on August 21, 2020 by the Dean of School of Law – VNU.

7. Official thesis title: Judgment enforcement for land use rights in accordance with the applicable Vietnamese law.

8. Major: Civil Law and Civil Procedure Law        9. Code: 938 0101.04

10. Supervisors: Assoc. Prof. Dr. Vo Tri Hao, Dr. Nguyen Van Quan

11. Summary of new findings of the thesis:

The thesis is the first scientific work which is systematically, intensively and comprehensively studied the law on judgement enforcement for land use rights. Therefore, it is expected that the thesis will make some new scientific contributions as follows:

Firstly, the concept of judgment enforcement for land use rights is reviewed under different researching aspects such as: legal regulations; legal relations; orders and procedures in the field of civil judgment enforcement; at the same time, the thesis also points out and analyzes the characteristics of judgment enforcement for land use rights;;

Secondly, the thesis’s verification model is also different from the applicable legal provisions, in which the person who plays the leading role in this activity is the creditor with the assistance of the relevant entities – the debtor and the land management agency.

Thirdly, the thesis has built a sequential procedures for distraintment, separate settlement for land use rights based on basic theories of law on property such as the theories of property rights and property classification.

Fourthly, based on enterpreting the theory of publicizing the rights of law on property and the theory of balancing the interests, the thesis has proposed to amend a number of legal provisions to be consistent with this theory such as regulations on conditions and principles of distraintment.

Fifthly, the thesis has also clarified the aspects of human rights that must be respected and protected in judgement enforcement for land use rights. Thereby, the regulations on the time of coercive judgment enforcement for different types of land use rights are proposed to be modified.

12. Practical applicability:

With the theoretical research results, the thesis will contribute to building the intensive, comprehensive and systematic theory of the judgment enforcement on land use rights. Therefore, the thesis may become a valuable reference for building and improving the legal system, serving for research, teaching and practical activities.

Based on the research results on the real situation of regulations and laws as well as the practical implementation of judgment enforcement on land use rights, the comments and assessment of problems and shortcomings in practice, the thesis may be useful to jurists, legislative researchers, civil judgment enforcement agencies, executors or agencies, organizations or individuals related to or involved in judgment enforcement on land use rights.

13. Further research directions (if any): No

14. The thesis-related publications:

14.1. Bui Nguyen Phuong Le (2020), "Land use rights are distrained for judgment enforcement", Legal Profession Review No. 7, 2020, pp. 65-70

14.2. Bui Nguyen Phuong Le (2020), "Regulations on conditions for distraintment of land use rights and practical application", Democracy and Law Review No. 7, 2020, pp. 51-55.

14.3. Nguyen Thi Huong Giang, Bui Nguyen Phuong Le (2020), "Verifying method of civil judgment enforcement conditions in some countries around the world and lessons learned for Vietnam", Legal Profession Review No. 6/2020 , pp. 70-76, 90.

 VNU - LAW
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