베트남ㆍ라오스ㆍ몽골의 부동산등기제도에 관한 연구

베트남·라오스·몽골의 부동산 등기제도를 비교한다.

The real estate registration system is a recording system that aims to publicly announce the registration matters of real estate as prescribed by the relevant laws. This system performs the function of promoting active transactions of real estate, which is one of the important property rights, and ensuring the safety of transactions. The real estate registration systems of foreign countries have as much to do with their economic activities as their commercial registration systems do. This study on the real estate registration systems of Vietnam, Laos and Mongolia is conducive to the protection of property rights of Korean people who invest in real estate located in those countries.

Following the “Study on the Commercial Registration Systems of Vietnam·Cambodia· Laos” by the Judicial Policy Research Institute in 2020, this study on the real estate registration systems of Vietnam, Laos and Mongolia falls into the “series on similar themes” proposed as a way of diversifying research projects. This study is instrumental in understanding the registration systems of real estate in Korea, Vietnam, Laos, and Mongolia and improving these systems, serving as stepping stones for bilateral judicial exchanges among these countries as well as securing basic materials on the methodologies and implications of supporting the real estate registration systems.

The main contents of the real estate registration systems of Vietnam, Laos and Mongolia are as follows. Through a review of the real estate registration systems of Vietnam and Laos, where the register and ledger are unified, it was found that the unifying system of the register and the ledger could not guarantee the efficiency, swiftness, and accuracy of the registration. In addition, anyone in Korea can peruse registration record by paying fees, whereas in Vietnam, Laos, and Mongolia, access to registration record is considerably limited.

Unlike Korea, which uses a certificate of registered matters and information on the completion of registration, the three countries have systems that use Land title. Because Vietnam and Laos are clinging to the socialist system, land ownership is not acknowledged. In contrast, former socialist Mongolia partially recognizes land ownership of individuals after the transition to democracy, enabling procedural completion of land ownership registration. Such specificity of the Mongolian registration system of real estate can be a candidate for solving potential problems in our registration system of real estate after Korean reunification.

Laos does not have a separate registration system of buildings as opposed to Vietnam and Mongolia. Concerning the right to the use of land, foreigners in Laos used to be prohibited from the registration of building sites for condominiums. But with the revision of the Land Law in 2019, it became possible to register “sites for condominiums” in the name of foreigners for a maximum of 50 years. Land cannot be alienated from a building when making registration in Vietnam and Laos. On the other hand, community housing in Mongolia is exceptional in that the owners of such sectioned buildings have the right to register their exclusive possessions.

The Court Officials Training Institute of the Supreme Court of Korea is pushing ahead with international training projects on the registration systems, submitting project proposals targeting developing countries which are apt beneficiaries of official development assistance (ODA) as “the 2023 KOICA Projects Proposed by the Government Departments.” However, Japan actively pursues research and exchanges regarding the registration systems of developing countries, with the Japan International Cooperation Agency (JICA) having capital exceeding 8 trillion yen as the head of such efforts in collaboration with Japan’s Ministries of Justice and Foreign Affairs.

Comparison with this scale leads to strong calls for the expansion of our minor support and exchange regarding the registration systems in developing countries. Korea’s status has already been unanimously raised to a developed nation by the United Nations Conference on Trade and Development (UNCTAD). Korea is the first country to upgrade its status from a developing nation to a developed nation since the establishment of the UNCTAD in 1964. As the sweeping Korean wave demonstrates, Korea is joining the ranks of advanced countries in many fields beyond the economy. The registration system should not be left behind.

If we actively support developing countries through advanced legislation and system regarding registration, mutually exchange the various registration systems in a systematic and professional way, and conduct on-site in-depth research on registration practice using a comparative legal approach, the Korean registration system will certainly lead the world in the future. It is hoped that this study can be of help to the mutual exchange of registration systems with Vietnam, Laos and Mongolia, laying the cornerstone for such expansion with many more countries and continued comparative legal research.