What are the procedures for land parcel division or consolidation in Vietnam? What are the procedures for submitting documents for land parcel division or consolidation in Vietnam?
What are the procedures for land parcel division or consolidation in Vietnam?
Pursuant to the provisions of Article 75 of Decree 43/2014/ND-CP amended by Clause 3, Article 3 of Decree 148/2020/ND-CP stipulating the order and procedures for land parcel division or consolidation:
Step 1: A land user shall submit a set of dossier of request for land parcel division or consolidation.
The land user submits 01 set of documents requesting plot separation or consolidation.
- Documents submitted when carrying out procedures for dividing or consolidating land plots include:
+ Application for land parcel division or consolidation according to Form No. 11/DK;
+ Original issued Certificate.
Step 2: The land registration office conduct cadastral surveys for land parcel division
Step 3: Make dossiers and submit them to a competent agency for granting certificates of land use rights and ownership of houses and other land-attached assets to the land users with regard to newly divided or consolidated land parcels;
Step 4: Adjust and update the change in the cadastral records and land database; hand over the certificates of land use rights and ownership of houses and other land-attached assets to the land users concerned or send them to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.
- In case a land parcel is divided due to the transfer of the use rights on part of the land parcel or due to the settlement of a dispute, complaint, denunciation or land auction, or due to the division of the land-using household or group of land users; due to the handling of a mortgage or capital contribution contract, distraint and auction of land use rights for. enforcement of a judgment (below referred to as transfer of rights), the land registration office shall:
+ Conduct cadastral surveying for splitting of land parcels and making an extract of the newly split land parcels according to the results of cadastral surveying data which is transferred to land users in order for them to sign contracts, transactional documents relating to the rights to use a part of the newly split parcel.
+ Carry out the change registration procedures as prescribed by this Decree for the part of land area on which rights are transferred; at the same time certify the change in the granted certificate or submit the case to an agency competent to grant the certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the land parcel on which rights are not transferred; adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.
- In case a land parcel is divided due to the recovery by the State of part of the land parcel, the natural resources and environment agency shall direct the land registration office to perform the following pursuant to the recovery decision of a competent state agency:
+ Surveying and adjusting the cadastral map, cadastral records and land database;
+ Certifying the change in the granted certificate and handing it over to the land user concerned or sending it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.
Regulations on conditions for land splitting, merger and minimum areas of split lots:
Provincial People’s Committees shall consult land use master plans, plans and detailed construction planning schemes as well as specific conditions of localities to set out detailed regulations on conditions for land splitting, merger, depending on specific land types and minimum areas of split land lots, depending on land types
What are the procedures for land parcel division or consolidation in Vietnam? What are the procedures for submitting documents for land parcel division or consolidation in Vietnam? (Image from the Internet)
What are the procedures for submitting documents for land parcel division or consolidation in Vietnam?
Pursuant to Article 11 of Circular 24/2014/TT-BTNMT (amended and supplemented by Clause 9, Article 7, Circular 33/2017/TT-BTNMT) and Clause 2, Article 19 of Circular 02/2015/TT-BTNMT regulations on submitting documents for land parcel division or consolidation are as follows:
- Receivers of application for registration or issuance of the Certificate must not request the land users or owners of property on land to submit additional documents other than the documents which must be submitted under provisions of Articles 9a, 9b and 10 of Circular 24/2014/TT-BTNMT and documents specified in Clause 2 and Clause 3 Article 4, Clauses 2, 3, 4 and 5 Article 6, Clauses 2, 3, 4 and 5, Article 7, Clause 1, Article 8 of Joint Circular 88/2016/TT-BTC-BTNMT.
- When submitting documents of land use rights, ownership of property on land as stipulated in Article 100 of the 2013 Land Law, Articles 18, 31, 32, 33 and 34 of Decree 43/2014/ND-CP, Clause 16, Article 2 of Decree 01/2017/ND-CP (if any) for initial registration procedures or change registration in accordance with the provisions of Articles 8, 9, 9a, 9b and 10 of this Circular, the applicant may choose one of the following forms:
+ Submission of copies of notarized or certified true papers in accordance with the legislation on notarization and authentication;
+ Submission of copies of papers and presenting the original for receivers to check, compare and certify the copies;
+ Submission of the original of papers.
- In case of submission of copies of the documents stipulated in Point a and Point b, Clause 2, Article 11 of Circular 24/2014/TT-BTNMT, upon the receipt of the Certificate, the certificate grantee must submit the original of papers on land use rights, ownership of property on land to the Certificate grantor to keep under the provisions of this Circular; unless the papers are the construction licenses; approval decision of investment projects, investment decisions, investment licenses, certificates of investment.
- When submitting vouchers of financial obligations of land and property on land to carry out the procedures for issuance of the Certificate or change registration of land and property on land, the applicant may choose one of the following forms:
+ Submission of copies of notarized or certified true papers in accordance with the legislation on notarization and authentication;
+ Submission of copies of papers and presenting the original for receivers to check, compare and certify the copies;
+ Submission of the original (in case of two originals).
- In case the land registration office is equipped with a scanner, submission of registration documentation for issuance of Certificate of rights to use land, ownership of land and properties on land is instructed as follows:
+ Persons who perform registration procedures for first issuance of the certificates should present original papers of land use right, ownership of land-linked properties as prescribed in Article 100 of the Law on Land, and Articles 18, 31, 32, 33, 34 of the Decree 43/2014/ND-CP (if any) for scanning in the land registration office.
Expenses for scanning such papers shall be paid by persons performing registration procedures for issuance of the certificates according to the limit decided by People’s committees of provinces after approval of People’s Council of the same level;
+ The land registration office shall affix a seal “Certificates Issued” onto original papers of land use right, ownership of land-linked properties and return to applicants upon issuance of the certificates.
In case papers of land use right, ownership of land-linked properties remain valid for issuance of the certificates (e.g. papers of inheritance for multiple people with some of them granted the certificates and some still not granted), the land registration office must affix the seal “Certificates issued to ....(name of land user, owner of land-linked properties)’ for every issuance of certificates; When papers of land use right, ownership of land-linked properties are no longer valid for issuance of the certificates (certificates have been already granted to all land users, owners of land-linked properties who inherit land use rights represented on such papers), the land registration office shall affix the seal "Certificates Issued”.
- As of January 01, 2016, submission of registration documentation for issuance of Certificate of rights to use land, ownership of houses and land-linked properties shall be instructed in conformity with the manner as prescribed in Clause 5, Article 11 of Circular 24/2014/TT-BTNMT.
What is the application form for land parcel division or consolidation in Vietnam in 2024?
The application form for land parcel division or consolidation is Form No. 11/DK issued with Circular 24/2014/TT-BTNMT.
>> Download form No. 11/DK here
LawNet