LATEST INSTRUCTION
ON LAND PARCEL DISTRIBUTION IN HANOI
Image 1. Procedures for division of land parcels in Hanoi.
Hanoi is the capital of Vietnam, the economic and political center of the country. Therefore, the land planning in Hanoi is more specific than other provinces, especially the regulations on the procedures for the land parcel separation.
OUTLINES
1. Minimum area for land separation in Hanoi.
2. Cases of not separating land parcel.
3. Order and procedures for splitting plots in Hanoi..
- Currently, the minimum area for land parcel separation in Hanoi are specified very specifically in Article 5 of Decision 20/2017/QD-UBND of the Hanoi People's Committee. As follows:
- First, the land plots formed from the separation of the parcels must satisfy the following conditions:
- Having a facade width and depth compared to the construction boundary (limited line allowing construction of works on the land plot) of 3 meters or more;
- Having an area of not less than 30m2 for the area of wards and townships and not less than 50% of the residential land allocation limit (the minimum level) specified in Article 3 of this Regulation for the remaining communes.
- In which, the minimum limit for residential land allocation in Hanoi city is specified in Article 3 of Decision No. 20/2017/QD-UBND as follows:
- Wards: 30 m2;
- Communes bordering districts and towns: 60 m2;
- Communes in midland region: 80 m2;
- Midland communes: 120 m2;
- Mountain communes: 150 m2.
- Second: When dividing a land parcel to form an alley for private use, the alleyway must have a cross-section of 2m or more for the land plot in the communes and 1m or more for the land in wards, towns and neighboring communes. The land parcel after splitting must meet the minimum area requirements mentioned above.
- Pursuant to the provisions of Clause 3, Article 5 of Decision 20/2017/QD-UBND of the Hanoi People's Committee, there are some cases of not separating the parcel:
- First, not separating the land plots for the land plots included in the planned housing development projects, the land use right auction projects under the planning for housing construction already approved by the competent State agency approval authority.
- Secondly, for the land plot attached to the area of the house being rented by the State, but the tenant has not completed the procedures for buying a house or issuing a Certificate as prescribed, it is also not allowed to separate the plot.
- Third, the land plot attached to the state-owned villa has been sold or privatized but belongs to the list of preserved and embellished villa houses according to the Regulation on management and use of old villas built. before 1954 in the city, approved by the City People's Committee.
- Fourth, it is not allowed to separate the parcel of land in the area where the State has issued a notice of land recovery in accordance with the provisions of the Land Law 2013;
- Fifth, it is not allowed to separate the land plots for the land plots that are not eligible for the issuance of a certificate of land use right as prescribed by law.
- 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 division of the parcel according to Form 11/DK.
- Original Certificate issued.
- Step 2: Submit your application
- To submit an application, customers can do it in one of 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: Resolve 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.
- Step 5: Return the result
- The results must be returned to the land user within no more than 03 working days from the date of the settlement result.
Image 2. Receipt of application for land parcel separation in Hanoi.
➤ More articles:
➤ Disputes over common passage on adjoining real estate, jurisdiction to settle disputes and legal fees to initiate lawsuits.
➤ What to know about donating land use rights.
➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Common causes of land disputes you need to know.
- Here is the procedure for separating land plots in Hanoi. We hope this information finds you well. If you still have questions about other issues related to the civil and commercial fields in accordance with the latest laws, please contact us:
THINH TRI LAW FIRM
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