Latest procedures for dividing or merging land plots in Vietnam

Latest procedures for dividing or merging land plots in Vietnam (Internet image)

On December 15, 2023, the Ministry of Natural Resources and Environment issued Decision 3873/QD-BTNMT announcing amended administrative procedures in the field of land.

1. Procedures for dividing or merging land plots at the provincial level in Vietnam

(1) Where a Land Registration Office has been established

* The order of execution:

- Direct

+ Land users submit applications at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the application receiving agency according to the regulations of the Provincial People's Committee.

In case 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 use rights registration office is responsible for:

+ Cadastral measurement to divide land plots;

+ Prepare documents to submit to the competent authority to issue Certificates of land use rights, ownership of houses, and other assets attached to land to land users for newly separated or merged land plots;

+ Correct and update changes in cadastral records and the land database; give the Certificate of land use rights, ownership of houses, and other assets attached to land to the grantee.

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

++ Cadastral survey to divide the land plot and prepare 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;

+ Carry out change registration procedures according to regulations for the transferred area; At the same time, confirm the changes 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 plot, the natural resources and environment agency is responsible for directing the land use rights 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 database;

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

- Carry out 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.

* How to perform:

Land users submit documents at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the agency that receives documents and returns results according to the regulations of the Provincial People's Committee or in the electronic environment.

(2) In case the Land Registration Office has not been established

* The order of execution:

- Direct

+ Land users submit applications at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the application receiving agency according to the regulations of the Provincial People's Committee.

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 use rights registration office is responsible for:

+ Cadastral measurement to divide land plots;

+ Prepare documents to submit to the competent authority to issue Certificates of land use rights, ownership of houses, and other assets attached to land to land users for newly separated or merged land plots;

+ Correct and update changes in cadastral records and the land database; give the Certificate of land use rights, ownership of houses, and other assets attached to land to the grantee.

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

++ Cadastral measurement to divide the land plot and prepare an extract of the newly divided land plot according to the cadastral measurement results will be transferred to the land user to sign contracts and transaction documents on the right to use part of the newly separated land plot;

+ Carry out change registration procedures according to regulations for the transferred area; at the same time, confirm the changes 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 plot, the natural resources and environment agency is responsible for directing the land use rights registration office based on the revocation decision of the competent state agency, carry out the following tasks:

++ Measuring and adjusting cadastral maps, cadastral records, and land database;

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

- Carry out 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.

* How to perform:

Land users submit documents at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the agency that receives documents and returns results according to the regulations of the Provincial People's Committee or in the electronic environment.

2. Procedures for dividing or merging land plots at the district level in Vietnam

* The order of execution

- Direct:

+ Land users submit applications at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the application receiving agency according to the regulations of the People's Committee of provinces and centrally run cities.

Households, individuals, and communities submit applications to the commune-level People's Committee if needed.

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.

In the event of submitting the application to the Commune People's Committee, within 03 working days from the date of receiving the complete application, the Commune People's Committee must transfer the application to the Land Use Rights Registration Office.

+ The land use rights registration office is responsible for:

+ Cadastral measurement to divide land plots;

+ Prepare documents to submit to the competent authority to issue Certificates of land use rights, ownership of houses, and other assets attached to land to land users for newly separated or merged land plots;

+ Correct and update changes in cadastral records and the land database; give the Certificate of land use rights, ownership of houses, and other assets attached to land to the grantee or send it to the Commune People's Committee for handing in case of filing at the commune level.

+ In cases of separation of plots due to the transfer of use rights to part of the land plot, resolution of disputes, complaints, denunciations, land auctions, or separation of households or groups of land users; due to the processing of mortgage contracts, capital contributions, distraint, and auction of land use rights to enforce judgments, the Land Use Rights Registration Office performs the following tasks:

++ Cadastral survey to divide the land plot and prepare an extract of the newly divided land plot according to the cadastral measurement results to transfer to land users the right to sign contracts and transaction documents on the right to use part of the newly separated land plot;

++ Carry 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; give them to the land user or send them to the commune-level People's Committee for handover in the case of submitting documents at the commune level.

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

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

++ Confirm changes in the issued Certificate and give it to the land user or send it to the Commune People's Committee for handing in case of filing at the commune level.

- Carry out 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 requested location in the case of receiving documents and returning the results of land registration procedures and other assets attached to land.

* How to perform:

- Land users submit applications at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the application receiving agency according to regulations of the Provincial People's Committee.

- Households, individuals, and communities submit documents to the commune-level People's Committee if needed.

More details can be found in Decision 3873/QD-BTNM taking effect on December 15, 2023.

Ho Quoc Tuan

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