How long does it take to process the parcel subdivision registration procedures in Vietnam?

How long does it take to process the parcel subdivision registration procedures in Vietnam? (Image from the Internet)

On July 29, 2024, the Government of Vietnam promulgated Decree 101/2024/ND-CP regulating the basic land survey; registration and issuance of land use right certificates, ownership of property affixed to land, and the Land Information System.

How long does it take to process the parcel subdivision registration procedures in Vietnam?

- Initial land and property affixed to land registration is no more than 20 working days; initial issuance of land use right certificates, ownership of property affixed to land is no more than 03 working days.

- Registration for changes in land and property affixed to land, issuance of land use right certificates, ownership of property affixed to land, the timeframe is as follows:

+ In case of transfer of agricultural land use rights without land consolidation or in case of transfer, inheritance, donation of land use rights, ownership of property affixed to land, capital contribution with land use rights, ownership of property affixed to land is no more than 10 working days;

+ In case of sale or capital contribution with assets attached to the land leased by the state collecting annual land rent is no more than 10 working days, excluding the time for land price determination and land lease contract signing;

+ In case of leasing, subleasing land use rights within infrastructure business projects, the timeframe is no more than 05 working days;

+ In case of deregistration of leasing, subleasing land use rights within infrastructure business projects, the timeframe is no more than 03 working days;

+ In case of name change or change in information about the land user, owner of assets attached to the land, the timeframe is no more than 05 working days; in case of reduced parcel area due to natural erosion, the timeframe is no more than 10 working days;

+ In case of changes in land use right restrictions, ownership of property affixed to land, or changes in rights involving adjacent parcels, the timeframe is no more than 07 working days;

+ In case a household or individual establishes a private enterprise and uses the land for business activities of the enterprise, the timeframe is no more than 10 working days, excluding the time for land price determination and land lease contract signing;

+ In case of registration of ownership of assets attached to a parcel with an issued certificate, the timeframe is no more than 10 working days; for assets already certified for ownership on the issued certificate but registering asset changes, the timeframe is no more than 07 working days;

+ In case of changes in land use rights, ownership of property affixed to land due to division, separation, merge, consolidation, organizational model change, or agreement of family members or spouses or joint land users, joint owners of property affixed to land, the timeframe is no more than 08 working days;

+ In case of receiving land use rights, ownership of property affixed to land from dispute resolution agreements on land disputes, land complaints, and denunciations, the timeframe is no more than 08 working days;

+ In case of receiving land use rights, ownership of property affixed to land due to the handling of mortgaged assets, the timeframe is no more than 08 working days;

+ In case of changes in land use rights for construction of surface works for the operation, exploitation, use of underground works, ownership of underground works, the timeframe is no more than 15 working days;

+ In case of selling assets, transferring, transferring land use rights as public assets according to the law on the management and use of public assets, the timeframe is no more than 10 working days;

+ In case of debt write-off for land levy, registration fee, the processing time is within the working day of receiving a complete application for debt cancellation; if the complete application is received after 3:00 PM on the same day, the debt cancellation can be resolved the following working day;

+ In case of issuance of land use right certificates, ownership of property affixed to land according to detailed construction planning or adjustment of detailed construction planning under clause 3 Article 23 of Decree 101/2024/ND-CP, the timeframe is no more than 05 working days;

+ In case of registration of changes to land use purposes stipulated in clause 3 of Article 121 of Land Law 2024, the timeframe is no more than 10 working days.

- In case of reissuing the issued certificate, the processing timeframe is as follows:

+ For cases stipulated in points a, b, c, d, e, g, and h of clause 1 Article 38 of Decree 101/2024/ND-CP, the timeframe is no more than 05 working days;

+ For cases stipulated in point i clause 1 Article 38 of Decree 101/2024/ND-CP, the timeframe is no more than 10 working days, except for cases stipulated in point c clause 3 Article 22 of Decree 101/2024/ND-CP;

+ In case of batch reissuing for multiple land users due to cadastral map survey, the timeframe is according to the project approved by the competent authority.

- In case of parcel subdivision, consolidation stipulated in Article 7 Decree 101/2024/ND-CP the timeframe is no more than 15 working days.

- In case of reissuing the issued certificate due to loss, it is no more than 10 working days, excluding the time for announcing the loss at the commune-level People's Committee, the time for posting on mass media.

- In case of registering and issuing land use right certificates, ownership of property affixed to land for transferees of land use rights, housing, construction projects in real estate projects, it is no more than 10 working days.

- In case of redetermining the area of homestead land, it is no more than 20 working days.

- In case of correcting the issued certificate, it is no more than 10 working days.

- In case of recovering and canceling the issued certificate, it is no more than 25 working days; in case of recovering the initial issued certificate, the registration and reissuing of land use right certificates, ownership of property affixed to land are processed according to clause 1 Article 22 of Decree 101/2024/ND-CP; in case of recovering the certificate due to registration changes, reissuing will follow the timeframes specified for each type of change registration in the Decree 101/2024/ND-CP.

- The time specified in clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 22 of Decree 101/2024/ND-CP is calculated from the date of receipt of the dossier that meets the completeness and consistency requirements under point a clause 1 Article 19 of Decree 101/2024/ND-CP; it does not include the time for competent authorities to determine financial obligations regarding land, the time for users to fulfill financial obligations, the time for reviewing and handling cases involving illegal land use, time for expert inspection, public posting, posting on mass media, time for processing inheritance division of land use rights, or property affixed to land in case the land user, owner dies before the issuance of the certificate.

For mountainous, island, remote, difficult socio-economic conditions, and extremely difficult socio-economic conditions communes, the processing time for each procedure stipulated in Article 22 of Decree 101/2024/ND-CP is extended by 10 working days.

- The administrative procedure-solving agency stipulated in Decree 101/2024/ND-CP is responsible for processing within the specified time for their procedures, not for time taken by other agencies.

- The time for simultaneous implementation of multiple land and asset registration procedures is decided by the provincial People's Committee but should not exceed the total time for individual procedures.

If the real estate project investor wishes to submit multiple registration applications for issuance of land use right certificates, ownership of property affixed to land at once, the provincial People's Committee will decide on the processing time but ensure it does not exceed the individual procedure timeframes per dossier as stipulated in Article 22 of Decree 101/2024/ND-CP.

(According to Article 22 of Decree 101/2024/ND-CP)

Thus, the timeframe for parcel subdivision or consolidation procedures stipulated in Article 7 of Decree 101/2024/ND-CP is no more than 15 working days (excluding force majeure or objective events causing delays or other cases stipulated in other laws).

For more details, refer to Decree 101/2024/ND-CP effective from August 1, 2024.

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