PROCEDURE FOR LAND DISTRIBUTION
ACCORDING TO THE LATEST REGULATIONS
KEY CONTENT SUMMARY
1. Advice on conditions for carrying out procedures for land parcel separation.
2. Instructions on the order and procedures for land parcel separation.
3. Dossier of request for land parcel separation.
In recent times, one of the legal needs that many people concerned is the order and procedures for applying for the separation of land plots. In fact, there are many people who do not know the legal regulations on the order and procedures for the separation of land parcels, the need to prepare documents for the separation of land parcels, and the conditions for the land to be divided, leading to difficulties, problems when performing the separation of land parcels. The following article will analyze the above content, helping readers understand the necessary information when applying for a land parcel separation.
Conditions for carrying out the procedure for separating the land plot (Illustration)
- When separating a land plot, it must satisfy the condition that the divided land area must be consistent with the minimum area allowed to separate the parcel as prescribed by the provincial People's Committee under the 2013 Land Law.
- In case, the land plot in use was formed before the date the provincial-level People's Committee issued a document on the minimum land area to be divided into effective, while the currently used land parcel has an area of is smaller than the minimum area prescribed by the provincial-level People's Committee, the current land user will be granted a certificate of land use rights and ownership of houses and other land-attached assets if they fully satisfy the conditions for grant of this certificate. Certificate of land use rights and ownership of houses and other land-attached assets according to Clause 1, Article 29 of Decree No. 43/2014/ND-CP guiding the implementation of the Land Law.
- In case the land user wants to separate the land plot and merge the land plot as follows: the land user requests to split the land plot into a land parcel with an area smaller than the minimum area prescribed by the provincial-level People's Committee with the purpose of For the purpose of merging that land parcel with another adjacent land plot to form a new land plot with an area greater than or equal to the minimum area prescribed by the provincial-level People's Committee, it is allowed to both separate the land parcel and merge the land plot and The new land plot is granted a Certificate of land use rights and ownership of houses and other land-attached assets according to Clause 3, Article 29 of Decree No. 43/2014/ND-CP guiding the implementation of the Land Law.
Order and procedures for separation of the land parcels according to regulations (Illustration)
- The order and procedures for separation of land parcels are guided by Article 75 of Decree No. 43/2014/ND-CP as follows:
- The land user prepares 01 set of application for separation of the land parcel and submits it to the Land Registration Office or the Commune People's Committee.
- After receiving the application for separation of the land parcel in accordance with the law, the Land Registration Office shall carry out the following tasks: Cadastral survey to separate the land parcel; then compile 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; correcting and updating changes in the cadastral records, the database of land and land users for the newly split or consolidated land parcel granted the Certificate of land use right, ownership of houses and assets other property attached to the land. 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 certificate of land use rights and ownership of houses and other land-attached assets.
- For the following cases of parcel separation:
- Handling contracts of mortgage, capital contribution, distraint and auction of land use rights for judgment enforcement;
- Settlement of disputes, complaints, denunciations, land auction;
- Separation of households and groups of land users;
- Transfer of the right to use a part of the land plot.
- For the above cases, the Land Registration Office shall carry out cadastral measurements to split the land parcel and transfer the Measurement Quotation of the newly split land parcel to the land user for signing of contracts and documents on land assignment, translation of the right to use a part of the newly split land parcel; carry out the procedures for registration of changes in accordance with the provisions of this Decree for the areas in the above cases;concurrently certifying the change in the issued Certificate or submit it to the competent authority for issuance of the Certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the non-transferable land; correcting and updating changes in the cadastral records, the database of land and land users for the newly split or consolidated land parcel granted the Certificate of land use right, ownership of houses and assets other property attached to the land. 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 certificate of land use rights and ownership of houses and other land-attached assets.
- In case the land parcel split due to the State's recovery of part of the land parcel, the natural resources and environment agency shall direct the land registration office based on the recovery decision of the competent state agency to perform the following tasks: The following tasks: Measuring and correcting cadastral maps, cadastral records and land databases; Confirming changes to the issued Certificate and give it to the land user or send it to the People's Committee of the commune for handover in the case of filing at the commune level.
- According to Clause 11 Article 9 of Circular No. 24/2014/TT-BTNMT guiding the application for the separation of land parcels, an application for division of the land plot is required, made according to Form No. 11/DK issued together with this original Certificate issued.
- For papers on land use rights and ownership of land-attached assets, when submitted, the applicant has the right to choose the following form: Submit a notarized or authenticated copy of the paper according to regulations. or submit copies of papers and present the originals upon request to check and compare them for confirmation on copies or submit originals of papers.
- According to Clause 40, Article 2 of Decree No. 01/2017/ND-CP, a time limit of no more than 15 days for registration and issuance of certificates of land use rights and ownership of houses and other land-attached assets to transferees of land use rights and ownership of houses and construction works of construction investment organizations; the time limit does not exceed 15 days for land parcel separation or consolidation; land registration procedures for cases where land is allocated by the State for management.
- Fees and charges to be paid when separating parcels are: Registration fee; measurement fee; civil servant fees; Fees for Issuance of Certificates,etc according to regulations.
➤ See more:
➤ What to know about donating land use rights.
➤ Principles of granting certificates of land use rights and ownership of houses and other land-attached assets.
➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Common causes of land disputes.
Above is the content of some regulations on the order and procedures for separating land plots according to the latest regulations of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
