Ms. Ha also wants to simultaneously combine the land parcel separation with the conversion of 50 square meters of agricultural land into residential land, so that she can have 100 square meters of residential land from the parcel her father will give her. Is this possible, and what are the procedures and documents needed?

The Ministry of Natural Resources and Environment responded to this issue as follows:

The conditions for land parcel separation are implemented according to the regulations in Article 75a of Decree No. 43/2014/ND-CP, supplemented in Clause 23 of Article 1 of Decree No. 148/2020/ND-CP:

"Article 75a. Regulations on the conditions for land parcel separation, land parcel consolidation, and the minimum area eligible for land parcel separation.

The provincial People's Committee shall base on the land use planning, land use plans, detailed construction planning, and specific conditions in each locality to specify the conditions for land parcel separation, conditions for land parcel consolidation for each type of land, and the minimum area eligible for land parcel separation for each type of land."

The sequence and procedures for land parcel separation are implemented according to Article 75 of Decree No. 43/2014/ND-CP:

"Article 75. Sequence and procedures for land parcel separation or consolidation

1.  The land user submits 01 set of documents requesting land parcel separation or consolidation.

2.  The land registration office is responsible for the following tasks:

a) Surveying and measuring the cadastral boundaries to divide the land parcel;

b) Compiling records to the competent authority for issuing the Certificate of Land Use Rights, Ownership of Residential House, and other assets attached to the land for the land user concerning the newly separated or consolidated land parcel;

c) Adjusting and updating changes in the cadastral records and land database; issuing the Certificate of Land Use Rights, Ownership of Residential House, and other assets attached to the land for the recipients or sending them to the commune-level People's Committee for issuance in cases where the application is submitted at the commune level.

3.  In cases where the land parcel separation is due to the transfer of the right to use a part of the land or the resolution of disputes, complaints, denunciations, land auctions, or the division of family households, groups of land users; handling of mortgage contracts, capital contributions, or collateral auction of land use rights for enforcement of judgments (hereinafter referred to as "transfer of rights"), the land registration office performs the following tasks:

a) Surveying and measuring the cadastral boundaries to divide the land parcel;

b) Carrying out the procedures for registering changes as stipulated in this Decree for the transferred area; simultaneously confirming the changes in the issued Certificate of Land Use Rights, Ownership of Residential House, and other assets attached to the land for the remaining area of the land parcel without transfer of rights; adjusting and updating changes in the cadastral records and land database; delivering to the land user or sending them to the commune-level People's Committee for issuance in cases where the application is submitted at the commune level.

4. In cases where the land parcel separation is due to the partial revocation of land by the State, the natural resources and environment agency is responsible for directing the land registration office to carry out the following tasks based on the decision of the competent state authority:

a) Surveying and adjusting the cadastral map, cadastral records, and land database;

b) Confirming the changes in the issued Certificate and delivering it to the land user or sending it to the commune-level People's Committee for issuance in cases where the application is submitted at the commune level.”

The documents to be submitted when implementing the land parcel separation procedure according to Clause 11 of Article 9 in Circular No. 24/2014/TT-BTNMT dated May 19, 2014, of the Ministry of Natural Resources and Environment, which specifies the cadastral records:

"Article 9. Documents to be submitted when carrying out the procedures for registering land use changes, assets attached to the land

... 11. Documents to be submitted when implementing the land parcel separation or consolidation procedures:

a) Request form for land parcel separation or consolidation according to Form No. 11/DK;

b) Original copy of the issued Certificate."