When conciliation is successful and there is a change in boundaries of the land plot, what documents are required when registering changes of land use rights in Vietnam?

When conciliation is successful and there is a change in boundaries of the land plot, what documents are required when registering changes of land use rights in Vietnam?

In Clause 1, Article 2 of Circular 09/2021/TT-BTNMT amending and supplementing Clause 5, Article 9 of Circular 24/2014/TT-BTNMT, as follows:

5. Application for registration of changes of land use rights, ownership of property on land in settlement of disputes, complaints and denunciations on land; debt settlement of mortgage contracts, capital contribution contracts; distraint or auction of land use rights and property on land for execution; total division, partial division, amalgamation, acquisition of organization, transformation of the company; consolidation agreement or division of land use rights and property on land of households, husband and wife, land user groups shall include:

a) A written form of registration for changes in land and property on land in the form 09/DDK;

b) An original of the granted Certificate

c) Either of the papers including: A successful conciliation minute (if conciliation is successful and there is a change in boundaries of the land plot, the approval decision of the People’s Committee of competent authorities is necessary) or a decision of the competent State agencies on settlement of disputes, complaints and denunciations on land in accordance with law; the written agreement or mortgage contracts, capital contribution contracts with the agreement contents of handling of collateral, capital contribution and documents of transfer of handed over collateral, capital contribution under the agreement; decisions or judgments of the People's Court, enforcement decision of enforcement agencies with content determining the owners of the land use rights, ownership of property on land; the written auction result of land use rights and property on land at the request of the land users, the property owners or of the People's courts, enforcement agencies which have enforced; the contract or written agreement of division or consolidation or transfer of land use rights, ownership of property on land held in the case of total division, partial division, consolidation, Acquisition of organization, transformation of Company; the contract or written agreement of division or consolidation of land use rights, ownership of property on land of households of husband and wife or the user groups of common land, owners group of common property on land;

d) A written total division, partial division, consolidation, acquisition of organization as prescribed in law in case of division or consolidation of land use rights, ownership of property on land of organizations; a family register in case of division or consolidation of land use right, ownership of property on land of households; a family register or certificate of marriage or certificate of divorce in case of division or consolidation of land use right, ownership of property on land of the spouses.

According to this Article, if you want to register a land change with an area of ​​50m2 after the conciliation is completed at the Commune People's Committee, but there is a change in boundaries of the land plot, in addition to the successful conciliation minute, you need to have approval decision of the People’s Committee of competent authorities in Vietnam. 

In addition, it is necessary to add other documents mentioned above when conducting land change registration in Vietnam.

In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the certificate of land use rights, can the balance area be considered for the grant of a certificate of land use rights in Vietnam?

According to Clause 5, Article 98 of the Land Law 2013 as follows:

5. If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of this Law or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate. Land users do not have to pay land use levy for the positive balance in area, if any.

In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Article 99 of this Law.

Thus, in case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area may be considered for the grant of a certificate of land use rights in Vietnam.

Which agency has right to decide to recognize the change in boundaries of the land plot in Vietnam?

Pursuant to Clause 5, Article 202 of the Land Law 2013 stipulates as follows:

5. In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People’s Committee shall send the conciliation minutes to the district-level Division of Natural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial-level Department of Natural Resources and Environment, for other land disputes.

The district-level Division of Natural Resources and Environment or the provincial-level Department of Natural Resources and Environment shall submit the case to the People’s Committee of the same level for decision on recognizing the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.

With this regulation in Vietnam, the decision on recognition of change in boundaries of the land plot will fall under the authority of the Division of Natural Resources and Environment, the Department of Natural Resources and Environment and submit it to the People’s Committee of the same level,

Best Regards!