The Ministry of Agriculture and Rural Development's handbook guiding state management of land during the implementation of the two-level local government details a three-step process for splitting or merging land parcels at the provincial level.
First, landowners submit their applications to one of the following locations within the province: the Public Administrative Service Center, the Land Registration Office, or a branch of the Land Registration Office.
Applicants can choose to submit copies of their documents and present the originals for verification by the receiving officer, or they can submit original documents, or notarized or certified copies.
For online submissions, the documents must be digitized from the originals or from notarized or certified copies. If requesting a change to an existing certificate, applicants must submit the original certificate.
If copies or digitized versions of documents are submitted initially, applicants must provide the original documents when receiving the results, except for construction permits, investment project approval decisions, investment decisions, investment licenses, investment certificates, detailed construction planning approval decisions, or detailed construction planning adjustment maps.
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Citizens completing procedures at the Hanoi Public Administrative Service Center. Photo: Giang Huy |
Second, the receiving agency checks the completeness of the application, issues a receipt, and sets a date for returning the results. If the application is incomplete, the agency returns it with a request for supplementary information.
If the application is received by the Public Administrative Service Center, it's then transferred to the Land Registration Office or its branch.
Third, the Land Registration Office or its branch reviews the application and verifies information about the landowner, boundaries, area, and land type of the parcels against existing records.
The agency consults Article 220 of the Land Law to determine the conditions for splitting or merging land. If the application doesn't meet these conditions, or if the issued certificate lacks a parcel map, has an incomplete map, or contains inconsistent dimensions, the Land Registration Office returns the application within three days of receiving the complete documentation, stating the reasons.
If the application meets all requirements, the Land Registration Office confirms this within 5 working days, adding parcel information to the split/merge request and endorsing the split/merge drawing. This completes the registration process for issuing a new land use right and ownership certificate for the resulting parcels.
If the split or merger doesn't involve a change of ownership, the Land Registration Office updates the land records and database, and issues a new certificate to the current owner.
If the split or merger involves a change of ownership, a land and property transfer registration procedure is initiated. The required documents include: a split/merge request, a split/merge drawing, the existing certificate, and any relevant documents from competent authorities (if applicable).
The processing time is no more than 12 working days. For communes in mountainous, island, remote, or economically disadvantaged areas, the processing time is no more than 22 working days.
Gia Chinh