Order and procedures for separation of a household's land plot

 INSTRUCTIONS FOR ORDER AND PROCEDURES

FOR SEPARATION OF HOUSEHOLD LAND PLOT

OUTLINE

1. Land ownership rights granted to households.

2. Conditions for the division of land parcels of households.

3. Order and procedures for division of a household's land plot.

 Việc tách thửa đất phải bảo đảm các điều kiện về tách thửa theo quy định, trong đó, vấn đề về tách thửa đối với hộ gia đình phải được sự đồng ý của các thành viên trong hộ gia đình. Để hiểu rõ hơn về trình tự, thủ tục tách thửa đất của hộ gia đình thì bài viết sau đây sẽ phân tích về nội dung này, giúp cho bạn đọc nắm được thông tin cần thiết.

The order and procedures to apply for separation of land plots for purchase, sale, donation, capital contribution, etc. is a legal issue being interested in by many people. The separation of land plots must ensure the conditions prescribed, in which, the issue of plot separation for households must be agreed upon by members of the household. For better understanding, the following article will analyze this content.

Land ownership rights granted to households (Illustration)

1. Land ownership rights granted to households

• According to Clause 29, Article 3 of the 2013 Land Law, land-use households are those who are related by blood, marriage, and rearing in accordance with the law on marriage and family, at the time the State allocating land, leasing land, recognizing land use rights, or receiving land use rights transfer, the members of the household are living together and have common use rights.
• do đó, việc chiếm hữu, định đoạt phải theo sự thỏa thuận của các thành viên trong hộ gia đình được cấp đất.
• Land allocated to households is the common property of the whole household. As a result, the possession and disposition must be according to the agreement of the members of the land-granted household.
• According to Article 212 of the 2015 Civil Code, the common ownership of households is as follows:

• Property of family members living together includes property jointly created by members, property jointly contributed by members and other properties established as ownership in accordance with law.
• The possession, use and disposition of common property by family members shall be done in the form of an agreement.
• There must be agreement of all family members in the case of disposition of property that is immovable property, registered movable property, property which is the main source of income of the family.
• Note: members are adults with full civil act capacity, unless otherwise provided for by law.
• Thus, if a household wants to separate the land plot, it must have the consent of all members of the household.
• On January 28, 2022, the Ministry of Natural Resources and Environment issued a Circular providing for certificates of land use rights, ownership of houses and other land-attached assets, in which, information on the Certificate for households using land, write "Mr's book of Household" or " Mrs' book of Household", then write the information of the householder (full name, year of birth, name and number of personal papers); residential address of the household. In case the head of the household does not have the right to use the common land of the household, write the representative who is another member of the household using the land.
• In case the other representative of the household or the head of the household has a spouse who has the same land use right of the household, write the information of the wife or husband.

2. Conditions for separation of the household's land plot

• In order to separate a household's land plot, that land plot must satisfy the conditions specified in Article 188 of the 2013 Land Law; Article 29 of Decree No. 43/2014/ND-CP, as follows: Having a certificate of land use rights and ownership of land-attached assets; being in the land use period; no dispute; not being distrained to ensure judgment enforcement; there is no decision or notice on land acquisition from a competent state agency; not in the cases that are not allowed to separate the plots as prescribed; the land user does not violate the provisions of the law on land during the use of the land plot. Thus, in order to separate the household's land plot, the land plot must satisfy the above conditions.
• When splitting a household's land plot, the new land plot must have an area equal to or larger than the minimum area permitted for division according to regulations of the provincial People's Committee in that locality. According to Clause 23, Article 1 of Decree No. 148/2020/ND-CP, the People's Committee of the province shall base it on the master plan, land use plan, detailed construction planning and specific conditions in the locality specifying conditions for separation of land parcels, conditions for consolidating land parcels according to each type of land and the minimum area to be divided for each type of land.
• In case a household's land parcel,  If the land area after separation is smaller than the minimum area prescribed by local regulations, a certificate of land use right shall be granted if the conditions specified in Article 29 of Decree No. 43/2014/ND-CP is: the land plot currently in use formed before the date the provincial People's Committee promulgates the effective document regulating the minimum land area; the land plot is eligible for issuance of a land use right certificate. Households using land whose land plot wants to be split smaller than the minimum land area can both apply for the separation of the parcel and apply for the merger of that land parcel with the adjacent land plot to form a new land plot.

Procedures for separation of a household's land plot (Illustration)

3. Procedures for separating a household's land plot

• According to Article 75 of Decree No. 43/2014/ND-CP guiding the order and procedures for land parcel separation as follows:
• Step 1: The land-using household prepares 01 set of documents to request the separation of the land plot, which is the Application for the separation of the land plot, made according to the Form No. 11/DK issued together with the Circular No. 09/2021/TT-BTNMT, the original certificate issued, the written agreement to separate the land plot of the household members and submit it to the Land Registration Office or the Commune People's Committee. In local where there is no land registration office, it shall be submitted to the district-level People's Committee or the Division of Natural Resources and Environment.
• Step 2: After receiving the application for separation of the land parcel in accordance with the law, the Land Registration Office conducts cadastral measurements to separate the household's land plot.
• Step 3:  The land registration office prepares a dossier and submits it to the competent authority for granting the certificate of land use right for the newly separated land plot to the land user;
• Step 4: The land registration office proceeds to correct and update changes in the cadastral records and land database.
• Step 5: The land user for the newly split or consolidated land parcel is granted a certificate of land use right. In case the land user submits the dossier at the commune level, the land registration office shall send it to the commune-level People's Committee to hand over the land use right certificate to the land user.
• According to Clause 40, Article 2 of Decree No. 01/2017/ND-CP, the time limit for processing the application for land parcel separation is no more than 15 days from the date of receipt of a valid dossier for carrying out procedures for land parcel separation. For mountainous communes, islands, areas with difficult socio-economic conditions, remote areas, the time limit for settlement of parcel separation dossiers land is 25 days from the date of receiving valid dossiers.

See more:

➤ Cases in which land use right certificates are granted for the first time.

➤ Conversion of land use rights according to Vietnamese law.

➤ Cancellation of deposit contract for land use right transfer without compensation.

➤ Causes of land disputes you need to know.

Above is the content of some regulations on the instructions on the order and procedures for the separation of households by Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline  1800 6365 for advice.