Order and procedures for land parcel division or consolidation in Vietnam

Order and procedures for land parcel division or consolidation in Vietnam (Internet image)

To this problem, LawNet would like to answer as follows:

1. What is land parcel?

According to the provisions of Clause 1, Article 3 of the Land Law 2013, a land parcel means a land area delimited by boundaries determined in the field or described in records.

2. Order and procedures for land parcel division or consolidation in Vietnam

Order and procedures for land parcel division or consolidation according to regulations and Article 75 of Decree 43/2014/ND-CP (amended Decree 01/2017/ND-CP) are as follows:

- A land user shall submit a set of dossier of request for land parcel division or consolidation.

- The land registration office shall:

+ Conduct cadastral surveys for land parcel division;

+ Make dossiers and submit them to a competent agency for granting certificates of land use rights and ownership of houses and other land-attached assets to the land users with regard to newly divided or consolidated land parcels;

+ Adjust and update the change in the cadastral records and land database; hand over the certificates of land use rights and ownership of houses and other land-attached assets to the land users concerned or send them to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

-. In case a land parcel is divided due to the transfer of the use rights on part of the land parcel or due to the settlement of a dispute, complaint, denunciation or land auction, or due to the division of the land-using household or group of land users; due to the handling of a mortgage or capital contribution contract, distraint and auction of land use rights for. enforcement of a judgment (below referred to as transfer of rights), the land registration office shall:

+ Perform cadastral measurement to subdivide the land parcel and send the new land measurement extract to the land user for signing the contract and papers on the right of use of a portion of the subdivided land parcel;

+ Carry out the change registration procedures as prescribed by this Decree for the part of land area on which rights are transferred; at the same time certify the change in the granted certificate or submit the case to an agency competent to grant the certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the land parcel on which rights are not transferred;

+ Adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.

- In case a land parcel is divided due to the recovery by the State of part of the land parcel, the natural resources and environment agency shall direct the land registration office to perform the following pursuant to the recovery decision of a competent state agency:

+ Surveying and adjusting the cadastral map, cadastral records and land database;

+ Certifying the change in the granted certificate and handing it over to the land user concerned or sending it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.

3. Application for division or consolidation of land lots in Vietnam

According to  Clause 11 Article 9 of Decree 43/2014/ND-CP (amended Decree 01/2017/ND-CP), application for division or consolidation of land lots shall include:

- Application for division or consolidation of land lots made using Form No. 11/DK;

Form No. 11/ĐK

- Original copy of the issued certificate;

Vo Van Hieu

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