Procedures for separating residential land and agricultural land at the District People's Committee in Vietnam

Procedures for separating residential and agricultural land parcels at district-level People's Committees shall comply with the provisions of the Land Law 2013 and related amendments and guidelines, specifically as follows:

Order of separation of residential land and agricultural land at district-level People's Committees in Vietnam

** In case of direct settlement:

- Land users shall submit dossiers at the Land Use Right Registration Office under the Division of Natural Resources and Environment or the dossier-receiving agency according to the regulations of the People's Committee of the province or centrally run city.

Households, individuals, and communities shall submit dossiers to the commune-level People's Committees if they wish.

In case of receiving incomplete or invalid dossiers, within a maximum of 03 days, the dossier-receiving and processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers in accordance with regulations. .

- The dossier-receiving agency shall record all information in the dossier-receiving book and return the results, hand over the dossier-receiving slip, and return the results to the applicant.

If the application is submitted to the People's Committee of the commune, within 03 working days from the date of receipt of the complete application, the People's Committee of the commune must transfer the application to the Office for registration of land use rights.

- The land use right registration office is responsible for:

+ Cadastral survey to separate the land plot;

+ Preparing application and submitting it to a competent agency for granting a certificate of land use rights and ownership of houses and other land-attached assets to land users for the newly split land parcel;

+ Correcting and updating changes in cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People's Committees for handing over in the case of filing at the commune level.

+ In case of division of the land plot due to the transfer of the use right of a part of the land plot or due to the settlement of disputes, complaints, denunciations, land auctions, or due to the separation of households or groups of land users; due to the handling of contracts on mortgage, capital contribution, distraint, and auction of land use rights for judgment enforcement, the land use right registration office shall perform the following tasks:

++ Cadastral survey to separate the land plot;

++ Carrying out the procedures for registration of changes in accordance with regulations for the area of transfer of rights; concurrently certifying the change in the granted Certificate or submitting it to the competent authority for the grant of the Certificate for the remaining area of the land parcel that has not been transferred; correcting and updating changes in cadastral records and land databases; handing over to land users or sending to commune-level People's Committees for handover in case of filing dossiers at commune level.

+ In case the land parcel is split due to partial recovery of the land parcel by the State, the natural resources and environment agency shall direct the land use right registration office, based on the recovery decision of the competent state agency, to perform the following tasks:

++ Measurement and correction of cadastral maps, cadastral records, and land databases;

++ Confirming the change in the issued Certificate and giving it to the land user or sending it to the People's Committee of the commune for handing in case the application is submitted at the commune level.

** Carrying out the procedure in an electronic environment:

- The dossier-receiving and handling agency is responsible for implementing the administrative procedures and procedures on land according to the provisions of the law on land. In case it is necessary to check, verify, clarify, or due to other reasons, the result of dossier settlement is not returned in accordance with the regulations on time for settling administrative proceedings on land,
the application-receiving agency and handling procedures shall send a notice in writing, via 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 their financial obligations as prescribed by law either directly or online through the payment function of the Public Service Portal.

The return of administrative complaint settlement results is done at the application-receiving agency, through the public postal service, or at the required location for receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets.

Procedure for separating residential land and agricultural land at the district-level People's Committee in Vietnam

- The land user submits the application at the land use right registration office of the Department of Natural Resources and Environment or the application-receiving agency according to the regulations of the provincial People's Committee.

- Households, individuals, and communities shall submit dossiers to the commune-level People's Committees if there is a need.

Procedures for separating residential land and agricultural land at the District People's Committee in Vietnam (Internet image)

Components of the application for separation of residential and agricultural land parcels at the district-level People's Committees in Vietnam

** Dossier when carrying out the parcel separation procedure:

- An application for division of the plot, made according to Form No. 11/DK issued together with Circular 24/2014/TT-BTNMT;

- The original of the issued Certificate.

** Dossier when carrying out the procedure for separating a land parcel from a certificate issued jointly for many land plots to issue a separate certificate:

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

For the case where the land parcel is separated from the issued Certificate for many land plots in order to issue a separate Certificate, the information at Point 5 of Section I, Sections II and IV shall not be declared or certified. of the Application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;

- The original of the issued Certificate.

** For the case of carrying out the procedures for registration of changes in land, assets attached to land, but there is a change in information about ID number/ID card/personal identification number, passport, or address on the issued Certificate, the land user shall submit a copy of the new ID card or new military ID card, personal identification number, or other document proving the change of identity in case of a change in personal information of the person named on the Certificate;

In cases where national data on population is shared and connected with data on sectors and fields (including the land sector), the application-receiving agency uses data from the national population database without requiring the applicant to submit a copy of the ID card/personal identification number, passport, military ID card, household registration book, or other document to prove identity.

Time limit for settlement of residential and agricultural land parcel separation at district-level People's Committees in Vietnam

As prescribed by the Provincial People's Committee, but not more than 15 days from the date of receiving the valid dossier.

This time does not include the time of holidays and holidays as prescribed by law; the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; the time for consideration and handling of cases of land use in violation of the law; or the time for soliciting expertise.

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

Results of settlement of administrative complaints must be returned to land users and owners of property on land within 03 working days from the date of receipt of settlement results.

Mai Thanh Loi

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