A COMPARATIVE ANALYSIS OF PROPERTY MORTGAGE LAWS IN CHINA AND VIETNAM

Abstract

Mortgage regulations play a vital role in facilitating real estate transactions and ensuring the security of loans. The research examines various aspects of mortgage regulations, including origination, registration, rights and duties of parties, foreclosure processes, and consumer protection legislation. Comparing China and Vietnam's property mortgage regulations provides insights into their mortgage systems' procedures, safeguards, and efficiency. It reveals the strengths and weaknesses of their legal frameworks, which are crucial for policymakers, legal practitioners, scholars, and stakeholders in both nations. The research also evaluates the effectiveness of consumer protection measures in safeguarding borrowers from unfair conditions, predatory lending, and exploitative practices. The methodology involves an extensive literature review of existing research, government records, and academic publications on property mortgage laws in China and Vietnam. Primary and secondary sources are collected, including legal documents, legislation, scholarly articles, and industry reports. The collected data is then analyzed and compared to identify critical aspects of mortgage regulations in both countries. The findings of this research highlight vital differences in mortgage registration procedures, loan-to-value ratios, interest rate regulations, foreclosure processes, borrower protection mechanisms, and government initiatives. The discussion section explores the creation and registration of mortgages, parties' rights and responsibilities, foreclosure procedures, and measures to protect consumers in both countries. The research concludes with recommendations to improve mortgage systems in China and Vietnam, including streamlining processes, enhancing transparency, strengthening consumer protection measures, and exploring alternative dispute-resolution methods.