The procedure for land division is carried out according to Article 7 of Decree 101/2024/ND-CP as follows:
Step 1: Prepare documents
Application for land division includes:
- Application for land division according to Form No. 01/DK issued with Decree 101/2024/ND-CP.
- The land plot division drawing is made according to Form No. 02/DK issued with Decree 101/2024/ND-CP by the Land Registration Office, Branch of the Land Registration Office or by a surveying unit with a License for surveying activities and establishment of cadastral maps.
- Issued Certificate or copy of issued Certificate with original for comparison or submit notarized, certified copy.
- Documents of competent authorities showing the content of land division (if any).
Step 2: Submit application
Land users submit 1 set of documents to the following document receiving agency:
- One-stop department according to regulations of the Provincial People's Committee on receiving dossiers and returning results of administrative procedure settlement at provincial, district and commune levels.
- Land registration office.
- Branch of Land Registration Office.
Step 3: Processing the application
- The agency receiving the application will issue a Certificate of Application Receipt and schedule a return of results to the applicant.
In case the agency receiving the dossier is the One-Stop Department, the dossier will be transferred to the Land Registration Office or Branch of the Land Registration Office.
- The Land Registration Office or the Branch of the Land Registration Office shall check the records, compare the regulations to determine the conditions for land division; check the information about the land users, boundaries, area, land types of the land plots on the archived records, records submitted by the land users and perform as follows:
+ In case the dossier does not meet the conditions for land division, within 3 working days from the date of receiving the complete dossier, the Land Registration Office or the Branch of the Land Registration Office shall return the dossier to the land user and clearly notify the reason.
+ In case the dossier meets the conditions for land division but the issued Certificate does not have a land plot diagram or has a land plot diagram but lacks the dimensions of the sides or the area and dimensions of the sides are inconsistent, within 3 working days from the date of receiving the complete dossier, the Land Registration Office or the Branch of the Land Registration Office shall return the dossier and clearly notify the land user of the reason to carry out land change registration.
+ In case the dossier is not subject to the provisions in Point a and Point b of this Clause, within 5 working days from the date of receiving the complete dossier, the Land Registration Office or the Branch of the Land Registration Office shall confirm the eligibility for land plot separation, attaching the land plot information to the Land Plot Separation Application, and at the same time confirm the Land Plot Separation Drawing to complete the registration procedure, issue the Certificate of land use rights, ownership of assets attached to land for the land plots after separation or consolidation, except in cases where the Land Plot Separation Drawing is made by the Land Registration Office or the Branch of the Land Registration Office;
+ Official information of land plots after division or consolidation is only established and adjusted on the cadastral map after the land user registers the change and is granted a Certificate of land use rights and ownership of assets attached to the land for the land plot after division or consolidation.
Step 4: Get results
In case of land plot separation without changing the land user, the Land Registration Office or Branch of the Land Registration Office shall make corrections and update changes to the cadastral records and land database;
Granting Certificates of land use rights and ownership of assets attached to land for land plots after land division; handing over Certificates of land use rights and ownership of assets attached to land to the grantees.
In case of land division with change of land user, carry out procedures for registration of changes in land and assets attached to land according to regulations.
