ORDER AND PROCEDURES FOR
SEPARATEION OF MOTHER'S LAND TO CHILDREN IN 2022
OUTLINES
1. Order and procedures for land parcel separation.
2. Regulations on contracts for donating land use rights from mothers to children.
3. Dossier of donation of land from mother to child.
- It is quite common for mothers to give land to their children. However, stemming from reality, many cases are still quite confused in separating the mother's land plot for her children. In 2022, there have been a number of new regulations on the separation of land parcels that has changed the order, procedures and records and documents. So, when separating the mother's land plot for the child, what is the reasonable procedure? The following article will guide on the above content, helping readers understand the necessary information.
Order and procedures for land parcel separation
- According to Article 75 of Decree 43/2014/ND-CP, amended and supplemented by Clause 3, Article 3 of Decree 148/2020/ND-CP, stipulates the order and procedures for land parcel separation as follows:
- The land user prepares 01 set of application file for land parcel separation, including: An application for division of the land plot, made according to Form No. 11/DK issued together with this Circular and the issued Certificate (original) and submits it to the land registration office or commune-level People's Committee. In localities 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.
- The land registration office receives the application and is responsible for performing the following tasks:
- Cadastral survey of land plots requiring parcel separation;
- Prepare a dossier and submit it to a competent agency for granting a certificate of land use right for the newly split land parcel;
- Edit and update changes in cadastral records and land databases;
- Handing over the land use right certificate to the grantee or sending it to the commune-level People's Committee to hand over the land use right certificate to the land user
- In case a land user splits up a plot due to the transfer of the use right of a part of the land parcel or the separation of households or groups of land users or due to the settlement of the contract of mortgage, distraint and auction of land use rights to enforce the law. To execute judgments, contribute capital, settle disputes, complaints, denunciations, land and land prices (hereinafter referred to as transfer of rights), the land registration office shall receive the dossier and have the responsibility to perform the following tasks: :
- Cadastral survey of land plots requiring parcel separation;
- From the cadastral measurement results, make an extract of the newly split land parcel and transfer it to the land user to sign contracts and transaction documents on the right to use a part of the newly split land parcel;
- Carry out the procedures for registration of land changes for the area of transfer of rights; confirm changes in the issued Certificate, or with the remaining area of the land parcel not transferred, submit it to the competent authority for issuance of the Certificate of land use right;
- Edit and update changes in cadastral records and land databases;
- Hand over the land use right certificate to the grantee or sending it to the commune-level People's Committee to hand over the land use right certificate to the land user
- In case of separation of a land parcel due to partial recovery of the land parcel by the State, the natural resources and environment agency shall have to do the following:
- The time limit for processing the application for land parcel division according to Clause 40, Article 2 of the Decree No. 01/2017/ND-CP guiding the time limit is not more than 15 days from the date of receipt of a valid dossier for carrying out the procedures for land parcel division;
- Based on the land recovery decision of the competent state agency to direct the Land Registration Office to carry out the measurement and correction of cadastral maps, cadastral records and land databases;
- The land registration office confirms the changes in the Certificate of land use right and hands the land use right certificate to the grantee or sends it to the commune-level People's Committee to hand over the land use right certificate to the land user. land use.
- The time limit for processing the application for land parcel division according to Clause 40, Article 2 of the Decree No. 01/2017/ND-CP guiding the time limit is not more than 15 days from the date of receipt of a valid dossier for carrying out the procedures for land parcel division;For mountainous communes, islands, areas with difficult socio-economic conditions, deep-lying and remote areas, areas with extremely difficult socio-economic conditions, the time limit for settlement of parcel separation dossiers land for planting perennial crops is 25 days from the date of receiving valid dossiers.
- Thus, when you want to perform the separation of the land plot from the mother to the child, it is necessary to carry out the procedures for separating the parcel and transferring the land use right name.
- According to Clause 3, Article 167 of the 2013 Land Law, contracts and documents exercising the rights of land users must be notarized and authenticated as follows:
- Notarization and authentication of contracts on transfer, mortgage, donation or capital contribution with land use rights, land use rights and land-attached assets, except for real estate business as prescribed in Clause 1 of this Article. Point b, Clause 3 of this Article.
- Notarization or authentication at the request of the parties for contracts for lease, sublease of land use rights, land use rights and land-attached assets, contracts for transfer of land use rights and use rights land and land-attached assets in which one party or parties is an organization engaged in real estate business activities, contracts for conversion of agricultural land use rights.
- Notarization and authentication according to the provisions of civil law for documents on inheritance of land use rights, land use rights and properties attached to land.
- The notarial practice organizations shall perform the above-mentioned notarization, the commune-level People's Committees shall carry out the above-mentioned authentication.
- Thus, after the separation of the land plot, the mother will make a contract for the donation of land use rights and go to a public service organization in the locality where the land is located to notarize the donation contract. After the donation contract is notarized, the mother carries out the procedures to register the name transfer for the child at the Land Registration Office.
Dossier of donation of land from mother to child
- According to Clause 1, Article 2 of Circular No. 09/2021/TT-BTNMT stipulating the application file for gifting land from a mother to a child with land use rights and ownership of land-attached assets, including:
- An application made according to Form No. 09/DK attached to this Circular for registration of changes in land and properties attached to land;
- Contracts for donation of land use rights and ownership of land-attached assets; Certificate issued (original).
➤ Read more:
➤ Things to know about donating land use rights.
➤ Minimum land area to be met when carrying out procedures for land parcel separation in Dong Nai.
➤Cancellation of deposit contract for land use right transfer without compensation.
➤ Causes of land disputes
Above is the content of some regulations on the order and procedures for separating a mother's land plot for her child in 2022, sent to readers by Thinh Tri Law Firm.If you have any questions, please contact Hotline 1800 6365 for advice.
