Current land law clearly stipulates the order and procedures for transferring land use rights, including cases where people transfer a part of a land plot.
Pursuant to Clause 4, Article 7 of Decree 101/2024/ND-CP, it is stipulated that:
- In case of land division or consolidation without changing the land user, the Land Registration Office, the Branch of the Land Registration Office shall issue corrections and updates on changes in land records and land database; issue Certificates of land use rights and ownership of assets attached to land for plots of land after division or consolidation; issue Certificates of land use rights and ownership of assets attached to land to the person granted.
- In case of land division or land consolidation and there is a change in land user, the procedure for registration of land changes and assets attached to land shall be carried out according to the provisions of Articles 37 and 43 of this Decree.
At the same time, Clause 18, Article 37 of Decree 101/2024/ND-CP stipulates the order and procedures for registering changes in land and assets attached to land and issuing Certificates of land use rights and ownership of assets attached to land:
- Registering changes as prescribed in Clause 1, Article 30 of this Decree for land users, owners of assets attached to land or members of a group of land users exercising rights for a part of a land plot without dividing the plot or a part of the land use right, the Land Registration Office shall perform the work prescribed in Points a, b, d and d, Clause 3 of this Article.
Accordingly, in case there is a change of land user for a part of the land plot, after confirming the conditions for land division, it will be transferred to the land user to sign a contract and transaction document on the right to use the land plot after division.
People who need to carry out the procedure for registering changes according to regulations for the area of rights change. The Land Registration Office shall issue Certificates to the plots of land after separation, consolidation of plots of land and issue Certificates to the granted parties.
Thus, when transferring a part of a land plot, the plot must be separated before submitting a file to register changes for transfer.
