What are the procedures for parcel subdivision and parcel consolidation from August 1, 2024, under Decree 101 on issuance of Certificates of land use rights in Vietnam? What are principles and conditions for parcel subdivision and parcel consolidation?
What are the procedures for parcel subdivision and parcel consolidation from August 1, 2024, under Decree 101 on issuance of Certificates of land use rights in Vietnam?
Pursuant to Article 7 of Decree 101/2024/ND-CP, the procedures for parcel subdivision and parcel consolidation in Vietnam are regulated as follows:
(1) The land user submits 01 set of application documents to the following receiving agencies:
(i) The One-Stop Shop Department as prescribed by the People's Committee of the provincial level for receiving applications and returning the results of administrative procedures at the provincial, district, and commune levels;
(ii) The Land Registration Office;
(iii) Branch of the Land Registration Office.
Application documents include:
- Application form for parcel subdivision and parcel consolidation according to Form No. 01/DK issued together with Decree 101/2024/ND-CP;
- Drawing for parcel subdivision and parcel consolidation prepared according to Form No. 02/DK issued together with Decree 101/2024/ND-CP executed by the Land Registration Office, the Branch of the Land Registration Office, or a surveying unit licensed for cadastral surveying activities;
- The issued Certificate of land use rights or a notarized copy of the issued Certificate with the original for comparison or a certified true copy;
- Documents from competent authorities indicating the content of parcel subdivision and parcel consolidation (if any).
(2) The receiving agency issues a receipt for the application documents and schedules a date to return the results to the applicant.
In the case where the receiving agency is as prescribed in (i), the application will be transferred to the Land Registration Office or its branches.
(3) The Land Registration Office or its branch checks the application, compares it with the provisions in Article 220 of the Land Law 2024 to determine the eligibility for parcel subdivision and parcel consolidation;
Checks the information of the land user, boundaries, area, and land type of the parcels based on stored records and the application submitted by the land user and proceeds as follows:
+ If the application is not eligible for parcel subdivision and parcel consolidation, within 03 working days from the date of receiving complete documents, the Land Registration Office or its branch returns the documents to the land user and specifies the reasons;
++ If the application is eligible for parcel subdivision and parcel consolidation but the issued Certificate lacks a parcel map, or the map exists but lacks dimensions or the area and dimensions are inconsistent, within 03 working days from the date of receiving complete documents, the Land Registration Office or its branch returns the documents and specifies the reasons for the land user to carry out land registration changes;
+++ If the application does not fall under cases (+) (++), within 05 working days from the date of receiving complete documents, the Land Registration Office or its branch confirms the eligibility for parcel subdivision and parcel consolidation, and records the parcel information on the application form, as well as verifies the parcel subdivision and parcel consolidation drawing to complete the procedure for land registration and issuance of Certificate of land use rights and ownership certificate for the parcels after the split or merge, except in cases where the parcel subdivision and parcel consolidation drawing is executed by the Land Registration Office or its branch;
++++ Official information of the parcels after the split or merge is only established and updated on the cadastral map after the land user completes the registration of land changes and is issued the Certificate of land use rights and ownership certificate for the newly formed parcels.
(4) In cases where parcel subdivision and parcel consolidation does not change the land user, the Land Registration Office or its branch updates and adjusts changes in the cadastral records and land database; issues the Certificate of land use rights and ownership certificate for the parcels after the split or merge; and hands over the certificates to the new owners.
If parcel subdivision and parcel consolidation result in changes in the land user, the procedures for land change registration and property ownership linked to land will follow the provisions in Article 37 and Article 43 of Decree 101/2024/ND-CP.
What are the procedures for parcel subdivision and parcel consolidation from August 1, 2024, under Decree 101 on issuance of Certificates of land use rights in Vietnam? What are principles and conditions for parcel subdivision and parcel consolidation? (Image from the Internet)
Principles and Conditions for parcel subdivision and parcel consolidation in Vietnam
According to Clause 1, Article 220 of the Land Law 2024, the following principles and conditions must be met for parcel subdivision and parcel consolidation in Vietnam:
(1) The land parcel must have one of the issued certificates:
+ Certificate of land use rights
+ Certificate of Ownership of a House and Residential Land Use
+ Certificate of Land Use Rights, Ownership of Houses, and Other Assets Attached to Land
+ Certificate of Land Use Rights and Ownership of Assets Attached to Land
(2) The land parcel must still be within the land use period;
(3) The land must be free of disputes, not subject to seizure to secure judgment enforcement, and not subject to emergency temporary measures from competent state authorities.
In cases where the land is under dispute but the area and boundary of the disputed portion are determined, the non-disputed area and boundary of the parcel are allowed for parcel subdivision and parcel consolidation;
(4) parcel subdivision and parcel consolidation must ensure access, connection with existing public roads, water supply, drainage, and other necessary demands reasonably.
In cases where the land user allocates a part of the residential land or combined land parcel for passage, parcel subdivision and parcel consolidation can be carried out without changing the land use purpose for the area allocated as a passage.
Does parcel subdivision and parcel consolidation require issuance of a New Certificate of land use rights?
According to Clause 1, Article 23 of Decree 101/2024/ND-CP:
Cases of registering changes in land, assets attached to land that require issuing new Certificate of land use rightss and ownership certificates of assets attached to land
1. Parcel merging or parcel splitting.
2. Lessees subletting the land use rights from investors who were allocated or leased land by the State for infrastructure investment for business purposes.
...
Thus, parcel merging or parcel splitting requires the issuance of a new Certificate of land use rights when registering land changes.
LawNet