ORDER AND PROCEDURES OF
LAND SEPARATION AND RED BOOK ISSUANCE IN 2022
OUTLINES
1. The cases of being granted the Red Book.
2. Order and procedures for land parcel separation.
3. Time limit for returning Red Book results after the land plot separation.
- The order and procedures for the separation of land parcels is one of the legal needs nowadays, especially the situation of real estate trading is active. However, in fact, many individuals using land do not know the order and procedures for separating land parcels like? Which cases are granted Red Book according to regulations? The following article will guide the readers to understand the necessary information.
Cases of being granted a Red Book:Các trường hợp được cấp Sổ đỏ (Ảnh minh họa).
- According to Clause 1, Article 99 of the Land Law, the Red Book is issued in the following cases:
- For current land users who fully satisfy the conditions for issuance of a Red Book under the provisions of 100, 101 and 102 of the Land Law, including: Issuance of the Red Book to households, individuals and communities currently using land with papers on land use rights; issue Red Book to households and individuals that are using land without papers on land use rights; issue Red Book to organizations and religious establishments that are using land.
- The auction winner of land use right.
- From the effective date of the Land Law, the State allocates and leases land to land users.
- Land users in industrial clusters, industrial parks, export processing zones, high-tech zones, economic zones;
- Persons receiving capital contribution with land use rights, receiving transfer, exchange, donation or inheritance of land use rights; handling mortgage contracts with land use rights to recover debts to land use right recipients.
- According to the judgment or decision of the People's Court, according to the results of successful conciliation for land disputes, according to the decision on settlement of disputes, complaints and denunciations about land of the competent state agencies that have is executed, the judgment enforcement decision of the judgment enforcement agency has been enforced against the person with the land use right.
- Buyers of houses and other properties attached to land;
- Persons whose houses attached to residential land are liquidated and evaluated by the state ;buyers of state-owned housing;
- The land user splits and consolidates the parcel; groups of land users or members of households, spouses, and land-using organizations that split or consolidate existing land use rights;
- The Red Book shall be renewed or re-issued at the request of the land user in case the Red Book is lost.
- Thus, for land users who request to separate the plot, the Red Book will be issued.
- 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; 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 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 enforce For judgment enforcement, capital contribution, dispute settlement, complaints, denunciations, 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;
- Based on cadastral measurement results, they 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;
- Give the certificate of land use right 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 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 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.
- 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 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 is 25 days from the date of receiving valid dossiers.
Time limit for returning Red Book results after splitting the land plot
- According to Clause 19, Article 1 of Decree No. 148/2020/ND-CP guiding the return of results of settlement of administrative procedures, in which, results of settlement of administrative procedures must be paid to land users and owners. assets attached to land within 03 working days from the date of receiving settlement results.
➤ Read more:
➤ Issuance of land use right certificates.
➤ Minimum land area to be met when carrying out procedures for land parcel separation in Dong Nai.
➤ Cases are granted land use right certificatesfor the first time.
➤ Notes on applying for a certificate of land use right.
- Above is the content of some regulations on the order and procedures for separating the land plot and making the red book in 2022 of Thinh Tri Law Firm, sent to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
