The latest procedures for division of land parcels in Vietnam

The latest procedures for division of land parcels in Vietnam (Internet image)

On April 28, 2023, the Ministry of Natural Resources and Environment of Vietnam issued Decision 1085/QD-BTNMT on announcing the amended administrative procedures; annulled administrative procedures in the field of land.

1. Procedures for division of land parcels at the provincial level in cases where a land registration office has been established in Vietnam

(1) Directly

- The land user submits the application at the Land Registration Office or the Branch of the Land Registration Office; or the application-receiving agency as prescribed by the provincial-level People's Committee; or locations according to demand, for localities where the provincial People's Committee has issued regulations on receiving, circulating dossiers, processing, and returning results of settlement procedures according to location needs.

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.

- The land registration office or the branch of the land registration office is responsible for:

+ Cadastral survey to separate the land plot;

+ Issuance of certificates of land use rights and ownership of houses and other land-attached assets to land users for newly split or consolidated land parcels;

+ Rectification and update of changes in cadastral records and land databases; grant certificates of land use rights and ownership of houses and other land-attached assets to the grantees.

+ 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 (hereinafter referred to as right transfer), the land registration office or the branch of the land registration office shall perform the following tasks:

Cadastral survey to separate the land plot and make an extract of the newly separated land plot according to the results of cadastral measurement to transfer to the land user to sign a contract or transaction document on the right to use a part of the newly split land parcel.

Carrying out 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; and giving it to land users.

+ The case of the division of a parcel of land due to partial recovery of the land parcel by the State, the natural resources and environment agency is responsible for directing the land registration office, based on the recovery decision of the competent state agency, to perform the following tasks:

Measuring and correcting cadastral maps, cadastral records, and land databases;

Confirming changes to the issued Certificate and giving it to the land user.

(2) Carrying out the procedure in the electronic environment

- The agency receiving and handling dossiers is responsible for implementing the administrative order 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 procedures for land, the application-receiving agency, handling procedures shall send a notice in writing or 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 receiving agency or the dossier-settling agency notifies the requester to carry out administrative procedures to submit the original of the granted certificate and documents as prescribed after the land user fulfills the financial obligation.

- The return of results of administrative procedures shall be made at the application-receiving agency, through the public postal service, or at the requested location for the case of receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets.

2. Procedures for division of land parcels at the provincial level in case the land registration office has not been established yet in Vietnam 

(1) Directly

- Land users shall submit dossiers at the land use right registration office under the Department of Natural Resources and Environment or the dossier-receiving agency according to the regulations of the provincial People's Committee.

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.

The land use right registration office is responsible for:

- Cadastral survey to separate land parcels;

- Preparing a dossier 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 or consolidated land parcel;

+ Rectification and update of changes in cadastral records and land databases; grant certificates of land use rights and ownership of houses and other land-attached assets to the grantees.

- In case of division of a plot due to the transfer of the use right of a part of the land parcel 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 (hereinafter referred to as right transfer), 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; giving to land users.

- In case of division of a parcel of land 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:

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

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

(2) Carrying out the procedure in the electronic environment

- The agency receiving and handling dossiers is responsible for implementing the administrative order 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 procedures for land, the application-receiving agency, handling procedures shall send a notice in writing or 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 results of administrative procedures shall be made at the application-receiving agency, through the public postal service, or at the requested location for the case of receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets.

3. Procedures for division of land parcels at district level in Vietnam

(1) Directly

- 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.

In the event that the dossier is submitted to the People's Committee of the commune, within 03 working days from the date of receipt of the complete dossier, the People's Committee of the commune must transfer the dossier to the land use right registration office.

- The land use right registration office is responsible for:

+ Cadastral survey to separate the land plot;

+ Making a dossier 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 newly split or consolidated land parcels;

+ Rectification and update of 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 them to the commune-level People's Committees for handover in the case of filing at the commune level.

+ In case of division of a parcel of land 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 commune for handover in the case of filing at the commune level.

(2) Carrying out the procedure in the electronic environment

- The agency receiving and handling dossiers is responsible for implementing the administrative order 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 procedures for land, the application-receiving agency, 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 results of administrative procedures shall be made at the application-receiving agency, through the public postal service, or at the requested location for the case of receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets.

More details can be found in Decision 1085/QD-BTNMT effective from May 20, 2023.

Ho Quoc Tuan

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