INSTRUCTIONS TO ORDER AND PROCEDURES OF
RURAL LAND SEPARATION IN 2022
OUTLINES
1. Regulations on residential land in rural areas.
2. Conditions for residential land parcel separation in rural areas.
3. Order and procedures for land parcel separation in rural areas.
Depending on the actual situation and local conditions, the People's Committee of the province annually stipulates the minimum area of land that can be divided into land parcels for each type of land, such as urban land and rural land. Land users in need of separating land parceel must satisfy the conditions for parcel separation as prescribed. Thus, what are the order, procedures and legal conditions when carrying out the procedure for separating land parcels in rural areas? The following article will guide you on the above content, helping readers understand the necessary information.
Residential land in the rural area (illustration).
- According to Article 143 of the Land Law, residential land in rural areas is as follows:
- Residential land in rural areas currently used by households and individuals includes land for construction of houses, construction of works in service of life, gardens and ponds in the same parcel of land in a rural residential area, suitable for residential areas. with planning approved by competent state agencies on land use and construction of rural residential quarters.
- Limit of land allocated to each household or individual to build houses in rural areas; the minimum area to be divided for rural land shall be prescribed by the provincial People's Committee on the basis of the local land fund and the rural development planning approved by the competent state agency.
- The allocation of residential land in rural areas in the master plans and plans on land use must ensure convenience for people's life and production, environmental sanitation, and towards rural modernization and in sync with the regulations. planning non-business works, public works.
- Base on making use of land in existing residential areas, people living in rural areas are facilitated by the State to have accommodation policies, limiting the expansion of residential areas on agricultural land.
(1) Conditions of land plot
In order to separate the land plot, the land plot must satisfy the conditions specified in Article 188 of the 2019 Land Law;Article 29 of Decree No. 43/2014/ND-CP, as follows:
- Having a certificate of land use right and ownership of properties attached to the land;
- 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 falling into 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 agricultural land plot.
Thus, in order to split the agricultural land parcel, the land plot must satisfy the above- mentioned conditions.
(2) Conditions on the area of land to be divided
In a land parcel separation, the new land plot must have an area equal to or larger than the minimum area allowed for plot separation prescribed by the provincial-level People's Committee in that locality. Based on Clause 23, Article 1 of Decree No. 148/2020/ND-CP, the People's Committee of the province shall base on the master plan, land use plan, detailed construction plan and specific conditions in the locality for land parcel separation, conditions for land parcel consolidation based on each type of land and the minimum area to be divided for each type of land.
In case the land parcel upon division has an area smaller than the minimum area prescribed by local regulations, a certificate of land use right will be granted if meeting the conditions specified in Article 29 of Decree No. 43/2014/NĐ-CP as follows: the land plot being used and formed before the date the provincial-level People's Committee promulgates the document regulating the minimum land area to take effect; the land plot is eligible for issuance of a land use right certificate. A land user whose land plot wants to be split smaller than the minimum land area can apply for both the separation of the parcel and the merger of that land parcel with the adjacent land plot to form a new land plot.
Order and procedures for land parcel separation in rural area(Illustration).
- 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 documents to request the division of the land plot, 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 Office of 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;
- Hand over the land use right certificate to the grantee or send 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 a plot due to the transfer of the use right of a part of the land plot or the separation of households or groups of land users or due to the settlement of a contract for mortgage, distraint and auction of land use rights to for judgment enforcement, capital contribution, dispute settlement, complaints, denunciations and land price (hereinafter referred to as right transfer), the land registration office shall receive the dossier and be responsible for performing 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;
- 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 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:
- 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 issuance 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 separation of the land plot according to Clause 40, Article 2 of the Decree No. 01/2017/ND-CP guiding the time limit shall not exceed 15 days from the date of receipt of a valid dossier for 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 is 25 days from the date of receiving valid dossiers.
➤ Xem thêm:
➤ Minimum area of land parcel when carrying land separation in Dong Nai.
➤ Principles of granting certificates of land use rights and ownership of houses and other land-attached assets.
➤ Cases being granted land use right certificates for the first time.
➤ Notes on application for a certificate of “land right” ownership.
Above is the content of some regulations on the order and procedures for the separation of rural land parcels in 2022 of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
