What are the procedures for division and consolidation of land parcels in Vietnam?
What are the procedures for direct division and consolidation of land parcels in Vietnam?
According to the provisions of subsection 6, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the procedures for division and consolidation of land parcels are as follows:
- Land users submit dossiers at the land registration office or branch of the land registration office or the dossier-receiving agency as prescribed by the provincial-level People's Committee or at the required location for the land users. The locality where the People's Committee of the province has promulgated regulations on receiving, circulating dossiers, handling and returning results of settlement procedures according to location needs.
In case of receiving incomplete or invalid dossiers, within a maximum of 03 days, the dossier-receiving and processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers in accordance with regulations.
- The dossier-receiving agency shall record all information in the dossier-receiving book and return the results, hand over the dossier-receiving slip and return the results to the applicant.
- The land registration office or the branch of the land registration office is responsible for:
+ Cadastral survey to separate the land parcel;
+ Issuance of certificates of land use rights and ownership of houses and other land-attached assets to land users for newly split or consolidated land parcels;
+ To correct and update changes in cadastral records and land databases; grant certificates of land use rights and ownership of houses and other land-attached assets to the grantees.
+ In case of division of the land parcel due to the transfer of the use right of a part of the land parcel or due to the settlement of disputes, complaints, denunciations, land auctions or due to the separation of households or groups of land users; Due to the handling of contracts on mortgage, capital contribution, distraint and auction of land use rights for judgment enforcement (hereinafter referred to as right transfer), the Land Registration Office or the Branch of the Land Registration Office shall perform the following tasks:
Cadastral survey to separate the land parcel and make an extract of the newly split land parcel according to the cadastral measurement results to transfer to the land user to sign contracts and transaction documents on the right to use a part of the newly divided land plot.
Carry out procedures for registration of changes in accordance with regulations for the area of transfer of rights; concurrently certify the change in the granted Certificate or submit it to the competent authority for the grant of the Certificate for the remaining area of the land parcel that has not been transferred; to correct and update changes in cadastral records and land databases; given to land users.
+ In case the land parcel is split due to partial recovery of the land parcel by the State, the natural resources and environment agency is responsible for directing the land registration office based on the recovery decision of the competent state agency to implement the following tasks:
- Measurement and correction of cadastral maps, cadastral records and land databases;
- Confirm changes to the issued Certificate and give it to the land user.
What are the procedures for division and consolidation of land parcels in Vietnam? (Image from the Internet)
What are the procedures for online division and consolidation of land parcels in Vietnam?
According to the provisions of subsection 6, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the procedures for online division and consolidation of land parcels are as follows:
- The agency receiving and handling dossiers is responsible for implementing the administrative order and procedures on land according to the provisions of the law on land; In case it is necessary to check, verify, clarify or due to other reasons, the result of dossier settlement cannot be returned in accordance with the regulations on time for settling administrative procedures for land, the agency receiving the dossier and handling the application shall decide on the procedure for sending a notice in writing or via the Public Service Portal or via SMS to the requester, clearly stating the reason.
- Land users and owners of assets attached to land are responsible for fulfilling their financial obligations as prescribed by law either directly or online through the payment function of the Public Service Portal.
- The receiving agency or the dossier-settling agency notifies the requester to carry out administrative procedures to submit the original of the issued Certificate and papers as prescribed after the land user fulfills the financial obligation.
- The return of results of administrative procedures shall be effected at the application-receiving agency or through the public postal service or at the required location for the case of receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets.
What is the time limit for division or consolidation of land parcels in Vietnam?
According to the provisions of subsection 6, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the time for granting land plot separation or consolidation shall be prescribed by the People's Committee of the province but must not exceed 15 days from the date of receipt of a valid dossier.
This time does not include the time of holidays and holidays as prescribed by law; does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; does not include the time for consideration and handling for the case of land use in violation of the law, the time for soliciting expertise.
For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time may be increased by 10 day.
- Results of settlement of administrative procedures must be returned to land users and owners of property on land within 03 working days from the date of receipt of settlement results.
- For localities where the provincial-level People's Committee has issued regulations on receipt, rotation of dossiers, settlement and return of results of procedure settlement according to time needs, the time for processing procedures shall be shall comply with the agreement between the person in need and the Land Registration Office or Branch of the Land Registration Office, but within the time limit for carrying out the procedures prescribed by the People's Committee of the province.
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