Application for Parcel Separation and Consolidation: Regulations and Guidelines for the Most Accurate Application Writing
How is the application for parcel division or parcel consolidation regulated?
The application for parcel division or consolidation follows Form No. 11/DK issued along with Circular 24/2014/TT-BTNMT and is publicly available on the electronic information page of the Ministry of Natural Resources and Environment and the Department of Land Registration and Information Data, as follows:
Download Form No. 11/DK here.
How is the application for parcel division, parcel consolidation regulated? The most accurate way to write the application (Image from the Internet)
Instructions for writing the most accurate application for parcel division or parcel consolidation?
- This application is used in cases where the land user requests to divide one parcel into several new parcels or requests to consolidate multiple parcels into one parcel;
- Application submission: Households, individuals, and community entities should submit to the district-level People's Committee where the land is located; organizations, religious establishments, foreign organizations and individuals, and overseas Vietnamese should submit to the provincial-level People's Committee where the land is located;
- Point 1 records the name and address of the land user as stated on the land use rights certificate, including the following information:
+ For individuals, clearly state the full name, year of birth, ID card/Citizen ID card number/personal identification number, date and place of issuance of the ID card/Citizen ID card/personal identification number;
+ For overseas Vietnamese and foreign individuals, state the full name, year of birth, passport number, date and place of issuance of the passport, and nationality;
+ For households, write "Household of Mr./Mrs." and state the full name, year of birth, ID card/Citizen ID card number/personal identification number, date and place of issuance of the ID card/Citizen ID card/personal identification number of both husband and wife who jointly use the land; if the land use right is a common property of both husband and wife, state the full name, year of birth, ID card/Citizen ID card number/personal identification number, date and place of issuance of the ID card/Citizen ID card/personal identification number of both the husband and the wife;
+ For organizations, state the name of the organization, date of establishment, number and date, and the authority that signed the establishment decision or the business registration certificate, investment license issued by the competent state authority;
- Point 2 records information about the parcel as stated on the land use rights certificate;
- The applicant signs and clearly states their full name at the bottom of the "Section for the land user"; in case of authorization to write the application, the authorized person signs, clearly states their full name and writes (authorized); for organizations using land, state the full name, position of the person writing the application and affix the organization's seal.
Procedure for conducting parcel division or consolidation registration directly at the provincial-level Land Registration Office?
Based on Subsection 6, Section 1, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023 guiding the procedure for direct parcel division or consolidation registration at the provincial-level Land Registration Office is as follows:
Step 1: The land user submits the application at the Land Registration Office or its branches or the receiving agency of the application as prescribed by the provincial-level People's Committee or a designated location based on local regulations set by the provincial-level People's Committee for receiving, transferring, resolving and returning results for procedural requests.
If the application is incomplete or invalid, within a maximum of 03 days, the receiving and processing agency must notify and guide the applicant to supplement and complete the application according to regulations.
Step 2: The receiving agency fully records the information in the Application Receiving and Result Returning Book and hands over the Application Receiving and Result Returning Slip to the applicant.
Step 3: The Land Registration Office or its branches are responsible for:
+ Conduct cadastral measurement to divide the parcel;
+ Issue the Certificate of Land Use Rights, Ownership of Housing, and Other Assets Attached to the Land for the new parcel(s) to the land user;
+ Adjust, update changes in cadastral records, and land information database; hand over the Certificate of Land Use Rights, Ownership of Housing, and Other Assets Attached to the Land to the recipient.
+ In case of parcel division due to partial transfer of land use rights or settlement of disputes, complaints, accusations, land auction or division of family property, group land use; handling mortgage contracts, capital contribution, auction of land use rights for enforcement (hereinafter referred to as transfer), the Land Registration Office or its branches perform the following tasks:
Conduct cadastral measurement to divide the parcel and make extracts of the newly divided parcel according to the results of the cadastral measurement to transfer to the land user for signing contracts or transaction documents related to the rights to part of the newly divided parcel.
Carry out procedures for registration of changes according to regulations for the transferred area; at the same time, confirm changes in the issued Certificate or submit to the competent authority for issuing Certificates for the remaining non-transferred area of the parcel; adjust, update changes in cadastral records, and land information database; hand over to the land user.
+ In case of parcel division due to state land recovery of a part of the parcel, the natural resources and environment agency directs the Land Registration Office to perform the following tasks based on the recovery decision of the competent state authority:
Conduct cadastral map adjustment, cadastral records, and land information database;
Confirm changes in the issued Certificate and hand it over to the land user.
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