Latest procedures for land division and land consolidation in Vietnam

Hello,  Lawnet would like to answer as follows:

On April 28, 2023, the Ministry of Natural Resources and Environment issued Decision 1085/QD-BTNMT. The Ministry of Natural Resources and Environment guides the order and procedures for implementing land division and land consolidation procedures (Provincial level - In case a land registration office has been established).

1. Subjects and agencies carrying out procedures for land division and land consolidation

Subjects carrying out administrative procedures:

- Organizations, religious establishments, Vietnamese residing abroad, foreign-invested enterprises implementing investment projects.

- Households, individuals, communities, and Vietnamese residing abroad are allowed to own houses associated with residential land use rights in Vietnam.

Agencies carrying out administrative procedures:

- Authority with decision-making authority: Land registration office or Land registration office branch.

- Agency directly implementing administrative procedures: Land registration office or Land registration office branch.

- Coordinating agency (if any): No

Requirements and conditions for implementing administrative procedures (if any):

- Ensuring conditions for land division, land consolidation conditions for each land type and minimum area for land division for each land type according to regulations of the Provincial People's Committee.

- For cases of carrying out procedures in the electronic environment: Based on specific conditions of land information technology technical infrastructure and land database under management, the agency receiving the dossier and returning the results of land-related administrative procedures specified in Article 60 of Decree 43/2014/ND-CP is responsible for organizing the receipt of documents and returning the results of administrative procedures in the electronic environment according to Government regulations.

2. Procedure for dividing and merging land plots in Vietnam

2.1 Direct execution sequence

- If land users submit applications at the Land Registration Office, Land Registration Office Branch, or application receiving agency according to the regulations of the Provincial People's Committee or location according to the needs of the localities, the Provincial People's Committee has issued regulations on receiving, circulating dossiers, processing, and returning the results of handling procedures according to the needs of the location.

In the event of receiving an incomplete or invalid application within a maximum of 03 days, the agency receiving and processing the application must notify and instruct the applicant to supplement and complete the application according to regulations.

- The agency receiving the dossier records all information in the dossier receiving book, returns the results, gives the dossier receipt slip, and returns the results to the applicant.

- The Land Registration Office, or Land Registration Office Branch, is responsible for:

+ Cadastral measurement to divide land plots;

+ Issuing Certificates of land use rights, ownership of houses, and other assets attached to land to land users for newly separated or merged land plots;

+ Correcting and updating changes in cadastral records and the land database; giving the Certificate of land use rights, ownership of houses, and other assets attached to land to the grantee.

+ In case of separation of plots due to transfer of use rights to part of the land plot or due to resolution of disputes, complaints, denunciations, land auctions, or separation of households or groups of land users; due to handling of mortgage contracts, capital contributions, distraint, and auction of land use rights to enforce judgments (hereinafter referred to as transfer of rights), the Land Registration Office or Land Registration Office Branch shall carry out the following tasks:

Cadastral measurement divides the land plot and prepares an extract of the newly divided land plot according to the cadastral measurement results to transfer to land users to sign contracts and transaction documents on the right to use part of the newly separated land plot.

Carrying out change registration procedures according to regulations for the transferred area; At the same time, confirm the change in the issued Certificate or submit it to the competent authority to issue the Certificate for the remaining area of the land plot that has not transferred rights; Edit and update changes in cadastral records and the land database; given to land users.

+ In case of dividing a plot due to the State recovering part of the land, the natural resources and environment agency is responsible for directing the Land Registration Office based on the revocation decision of the competent state agency to carry out the following tasks:

Measuring and adjusting cadastral maps, cadastral records, and land databases;

Confirming changes in the issued Certificate and give it to the land user.

2.2 Sequence of performing procedures in the electronic environment

The agency receiving and processing documents is responsible for implementing land-related administrative procedures and orders according to the provisions of land law; In cases where it is necessary to check, verify, and clarify, or due to other reasons, the results of dossier processing are not returned in accordance with regulations on time for resolving land-related administrative procedures, the agency receiving the dossier and handling the procedures will send a written notice either through 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 financial obligations according to the provisions of the law, either directly or online through the payment function of the Public Service Portal.

The receiving agency or agency handling the dossier notifies the requester to carry out administrative procedures to submit the original of the issued Certificate and required documents after the land user completes their financial obligations.

Return of results of administrative procedures is carried out at the dossier receiving agency, via public postal service, or at the location upon request in the case of receiving documents and returning results of land registration procedures and other assets attached to land.

Thus, the procedure for separating and merging land plots includes steps such as: submitting documents, checking documents, measuring cadastral measurements, issuing certificates, and editing cadastral records. Depending on the case, the procedure has additional steps, including signing a contract to transfer rights, recovering land, and processing the certificate.

For the electronic environment, people can submit applications and pay online, notified through the Public Service Portal. Authorities are responsible for following the correct order and procedures according to regulations. Results are returned at the receiving place or via postal service.

3. Document components and how to split and merge land plots in Vietnam

Land users submit documents at the Land Registration Office, Land Registration Office Branch, or application receiving agency according to the regulations of the Provincial People's Committee or location according to the needs of localities where the Provincial People's Committee has issued regulations on receiving, circulating documents, processing, and returning results of procedural procedures according to the needs of the location or in the electronic environment.

Document components include:

- Documents when carrying out procedures for dividing or merging land plots

+ Application for plot separation or consolidation according to Form No. 11/DK issued with Circular 24/2014/TT-BTNMT;

Download form Form No. 11/DK: Download    

+ Original issued Certificate;

- Documents when carrying out procedures for separating a plot of land from a Certificate issued to many plots of land to issue a separate Certificate

+ Application for registration of changes in land and assets attached to land according to Form No. 09/DK issued with Circular 33/2017/TT-BTNMT and published on the website of the Ministry of Natural Resources and Environment and the Department of Land Information Data and Registration.

Download form Form No. 09/DK: Download 

In cases where a plot of land is separated from a Certificate issued to many plots of land and a separate Certificate is issued, do not declare or confirm the information in point 5 of section I, sections II and IV of the application for registration of changes in land and assets attached to land according to Form No. 09/DK;

+ Original issued Certificate.

- In case of carrying out procedures for registering changes in land and assets attached to land with changes in information about the legal entity, ID card number, Citizen Identification card number, personal identification number, and address on the issued Certificate, the land user must submit the following additional documents:

+ Copy of new ID card or new military ID card or copy of new citizen ID card or personal identification number or other documents proving change in identity in case of changing personal information of the person named on the Certificate;

In cases where national data on population is shared and connected with data from industries and fields (including the land field), the agency receiving the application uses data from the national population database without requiring the applicant to submit a copy of the ID card or military ID card or a copy of the new citizen identification card, personal identification number, or other documents to prove their identity.

+ Document from a competent authority permitting or recognizing the change of legal entity information in case of changing information about the legal entity of the organization recorded on the Certificate

- Number of documents: 01 set

4. Time limit for resolving requests for land division or land consolidation in Vietnam

 As prescribed by the Provincial People's Committee, but no more than 15 days from the date of receipt of valid documents. This time does not include days off and holidays as prescribed by law; it does not include the time to receive documents at the commune or the time to fulfill the land user's financial obligations; it does not include the time for consideration and handling in cases of land use that violates the law or the time for soliciting appraisals.

For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time has increased by 10 days.

- Results of administrative procedures must be returned to land users and owners of assets attached to land within no more than 03 working days from the date of the resolution results.

- For localities where the Provincial People's Committee has issued regulations on receiving, circulating documents, processing, and returning results of procedural procedures according to time needs, the time to resolve the procedures shall be carried out according to the agreement between the person in need and the Land Registration Office or Land Registration Office Branch but shall not exceed the time for carrying out the procedures prescribed by the Provincial People's Committee.

Results of implementing administrative procedures:

- Record in cadastral books and prepare records for State management.

- Certificate.

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