LATEST PROCEDURE FOR LAND SPLIT
IN DONGNAI PROVINCE
Image1. Procedures for division of land parcels in Dong Nai
Dong Nai is currently one of the key economic regions in the South. Along with the economic development, the land sector in Dong Nai is equally bustling. In particular, the procedure for separating land parcels, although familiar, also causes many problems and inadequacies for people. The following article, Thinh Tri Law will guide you to read the procedure for separating land parcels in Dong Nai according to the latest regulations.
OUTLINES
1.Conditions for division of land parcels in Dong Nai
2. Special notes when separating land plots in Dong Nai province.
3. Order and procedures for parcel split in Dong Nai province..
- Currently, the content of conditions and area of plot separation in Dong Nai is specified in Articles 3,4,5 of Decision 25/2017/QD-UBND of the People's Committee of Dong Nai province. As follows:
- For agricultural land:
- In the wards: 300 m2
- In towns: 500 m2
- In communes: 1000 m2
- For residential land:
- In the wards: 60 m2
- In towns: 80 m2
- In communes: 100 m2.
- Some points to note when separating a land plot in Dong Nai. Firstly, in case the land parcel has many types of land, the consideration of division of the parcel shall only apply to one type of land if all conditions are met, after deducting the land area belonging to the protection corridor of the works as prescribed.
- Secondly, the newly formed land plot and the remaining land parcel after separation must be adjacent to the road managed by the State, ensuring a minimum width and depth of 4m for the land plot when adjacent to the road with the road 20m; ensure a minimum width and depth of 05m for the land plot when it is adjacent to a road with a width of ≥20m. Except for the case where the agricultural land parcel is separated according to the land use planning, it is still agricultural land, the road contiguity managed by the State is not required.
- Third, the case of separation of parcels is residential land; agricultural land according to the master plan on land use being residential land and non-agricultural land assigned to the People's Committees of districts, towns and cities for promulgation, according to Clause 1, Article 1 of Decision 28/2019/QD-UBND: The list of roads and road sections that have been fully invested with technical infrastructure works includes: Roads managed by the State according to the provisions of Article 39 of the Law on Road Traffic 2008, power supply and lighting routes, telecommunications information, water supply and drainage for consideration and settlement of parcel separation. The list of roads and road sections that have not yet invested in technical infrastructure as prescribed but must meet at least two conditions: contiguous to roads managed by the State and power supply routes on the basis of these conditions. actual or medium-term investment plan to consider and resolve the split
- Fourthly, in case the land user requests to split the land parcel into a land parcel with an area smaller than the minimum area allowed to separate the parcel for the types of land specified in Article 3 of this Decision and merge that land parcel with the adjacent other land to form a new land plot with an area equal to or larger than the minimum area to be split, it is allowed to separate the parcel at the same time as the consolidation of the parcel.
- Fifth, in case the land parcel is adjacent to the road according to the zoning planning, the land user is allowed to separate the parcel after having invested in roads and technical infrastructure in accordance with the approved subdivision planning, ensuring the best results. connecting technical infrastructure in the region.
- Sixth, in case residential land belongs to projects that have been allocated or divided into lots by the State according to the approved detailed planning, the land plot shall be determined according to the approved project and detailed planning.
- In addition to the above general conditions, the minimum area of land after the separation is a specific condition, which varies between each type of land. According to the provisions of Article 3 of Decision 22/2020/QD-UBND of the People's Committee of Dong Nai province, the minimum area for residential land is as follows:
- For residential land in urban areas (including Long Hung commune, Bien Hoa city) is 60m2 (sixty square meters). In there:
- The side of the land plot adjacent to the traffic road with a width equal to or greater than 19 m (nineteen meters) must be greater than or equal to 5m (five meters);
- The side of the land plot adjacent to the road with a width of less than 19m (nineteen meters) must be greater than or equal to 4m (four meters).
- For rural residential land, it is 80m2 (eighty square meters) and the side of the land plot adjacent to the road is greater than or equal to 4m (four meters).
- It should be noted that:
- The minimum area of the above-mentioned land plot does not include the area of the protection corridor of the works; the land area under the planning for the implementation of the project or work but the land has not been recovered.
- Particularly for projects in residential areas, the division of land parcels shall comply with the detailed construction planning or the master plan on land use premises already approved by competent state agencies.
- As same as residential land, agricultural land in Dong Nai in order to be divided into parcels must also meet the minimum area requirements specified in Article 4 of Decision 22/2020/QD-UBND of the People's Committee of Dong Nai province. As follows:
- For agricultural land in urban areas: The minimum area of a parcel of land after parcel separation for agricultural land in urban areas (including Long Hung commune, Bien Hoa city) is 500m2 (five hundred square meters).
- For agricultural land in rural areas: The minimum area of a parcel of land after parcel separation for agricultural land in rural areas is 1,000m2 (one thousand square meters).
Image 2. Dong Nai Province
- Step 1: Prepare documents
- Pursuant to the provisions of Clause 11 Article 9 of Circular 24/2014/TT-BTNMT, households and individuals submit 01 set of dossiers of request for parcel separation as follows:
- An application for parcel split Form 11/DK.
- Original Certificate issued.
- Step 2: Submit your application
- To submit an application, customers can follow one of these two ways:
- Submit the application at the People's Committee of the commune, ward or town where the land is located if required.
- If the locality has not yet organized a branch of the land registration office, the application shall be submitted at the branch of the land registration office of a district, town, provincial city (district level) or the registration office of land use rights. land.
- Step 3: Receipt of application
- The application-receiving agency shall record all information in the application-receiving book and return the results, hand over the application-receiving slip and return the results to the applicant.
- If the application is incomplete or invalid, within a maximum period of 03 days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the application as prescribed.
- Step 4: Settle down the request
- Within 12 working days from the date of receipt of complete and valid dossiers, the Land Use Right Registration Office or the Division of Natural Resources and Environment shall have to:
- Cadastral survey to separate land parcels;
- Prepare a dossier and submit 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;
- Edit and update 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 exchange with the case of filing at the commune level.
- The results must be returned to the land user within no more than 03 working days since the date having result.
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➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Common causes of land disputes in Vietnam..
- Here is the procedure for land split in Dong Nai province. We hope this information find you well. If you still have questions about other issues related to the civil and commercial fields in accordance with the latest laws, dont hesitate to contact us via:
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