Procedures for parcel subdivision and parcel consolidation in Vietnam from August 1, 2024

Procedures for parcel subdivision and parcel consolidation in Vietnam from August 1, 2024 (Image from Internet)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP regulating basic land survey; registration, issuance of certificates of land use rights, ownership of assets attached to land, and land information systems.

Procedures for parcel subdivision and parcel consolidation in Vietnam from August 1, 2024

Under Article 7 of Decree 101/2024/ND-CP regulating the procedures for parcel subdivision and parcel consolidation from August 1, 2024, as follows:

Step 1: Submitting the Application

The land user submits 01 application set to the reception agency as prescribed in Clause 1, Article 21 of Decree 101/2024/ND-CP. The application includes:

- Application form for parcel subdivision, parcel consolidation according to Form No. 01/DK issued with Decree 101/2024/ND-CP;

- Drawing for parcel subdivision, parcel consolidation prepared according to Form No. 02/DK issued with Decree 101/2024/ND-CP by the Land Registration Office, the Branch of the Land Registration Office, or by a surveying unit with a Permit for surveying activities, cadastral mapping establishment;

- Issued Certificate or a copy of the issued Certificate with the original for comparison or submit a notarized or certified copy;

- Documents from the competent authority indicating the content of the parcel subdivision, parcel consolidation (if any).

Step 2: Processing the Application and Issuing Results

The application reception agency issues a Receipt for the application and schedules the result delivery for the applicant.

In case the reception agency specified at Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP, the application is transferred to the Land Registration Office or the Branch of the Land Registration Office.

In this case, the Land Registration Office or the Branch of the Land Registration Office checks the application, compares it with the provisions of Article 220 of Land Law 2024 to determine the conditions for parcel subdivision, parcel consolidation; examine the information about the land user, boundaries, area, and type of land of the parcels in stored records, application submitted by the land user and performs the following:

(i) If the application does not meet the conditions for parcel subdivision, parcel consolidation, within 03 working days from the date of receiving the complete application, the Land Registration Office or the Branch of the Land Registration Office returns the application to the land user and clearly states the reason;

(ii) If the application meets the conditions for parcel subdivision, parcel consolidation but the issued Certificate does not have a parcel diagram or has a parcel diagram but lacks dimension measurements of sides or inconsistent area and dimension measurements, within 03 working days from the date of receiving the complete application, the Land Registration Office or the Branch of the Land Registration Office returns the application and clearly states the reason to the land user to perform the registration of land changes;

(iii) If the application does not fall under cases (i) and (ii), within 05 working days from the date of receiving the complete application, the Land Registration Office or the Branch of the Land Registration Office confirms the eligibility for parcel subdivision, parcel consolidation together with parcel information on the Application Form for parcel subdivision, parcel consolidation, simultaneously certifies the Drawing for parcel subdivision, parcel consolidation to complete the procedures for registration, issuance of certificates of land use rights, ownership of assets attached to land for the parcels after split or merge, except in cases when the Drawing for parcel subdivision, parcel consolidation is done by the Land Registration Office or the Branch of the Land Registration Office;

(iv) Official information of parcels after split or merge is formed and adjusted in the cadastral map only after the land user performs the registration of changes and is issued a Certificate of land use rights, ownership of assets attached to land for the parcel after split or merge.

In cases of parcel subdivision, parcel consolidation without changing the land user, the Land Registration Office or the Branch of the Land Registration Office adjusts, updates changes in the cadastral records, land database; issues Certificates of land use rights, ownership of assets attached to land for parcels after split or merge; and hands over the Certificates to the qualified person.

In cases of parcel subdivision, parcel consolidation with a change in land user, the procedures for registration of land changes and assets attached to land are performed as prescribed in Article 37, Article 43 of Decree 101/2024/ND-CP.

More details can be found in Decree 101/2024/ND-CP which comes into force in Vietnam from August 1, 2024.

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