Instructions on order and procedures for land plot separation and transfer of on land use right in 2022

INSTRUCTIONS FOR ORDER AND PROCEDURES LAND SEPARATION AND TRANSFER ON LAND USE RIGHT CERTIFICATES IN 2022

OUTLINES

1. Order and procedures for splitting the parcel to the name on the certificate of land use right.

2.  Dossier of application for division of the land parcel to the name on the certificate of land use right.

3. Time limit for requesting the division of the parcel into the name.

  In fact, many people face difficulties and confusion in the separation of plots, transfer of names and preparation of necessary documents for the separation of parcels to names on the Land Use Right Certificate. In 2022, the application for separation of the land plot and the transfer of the name on the land use right certificate has some changes, this issue is attracting many people's attention. The following article will analyze the above content, helping readers understand the necessary information when applying for a land parcel separation.

 

Order and procedures for splitting the parcel into a name (Illustration)

1. Order and procedures for land parcel separation into names on land use right certificates

1. The order and procedures for land plots separated

• According to Clause 23, Article 1 of Decree No. 148/2020/ND-CP stipulating that 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 plots according to each type of land and the minimum area to be divided for each type of land.
• According to Article 75 of Decree No. 43/2014/ND-CP guiding the order and procedures for land parcel separation as follows:

• The land user prepares 01 set of application for separation of the land plot and submits it to the Land Registration Office or the 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.
• 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 land use right certificate; to correct and update changes in the cadastral records, the database of land and land users for the newly split or consolidated land parcels which are granted the land use right certificates. In case the land user submits the application 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.

2. Order and procedures for name transfer

• According to Article 79 of Decree No. 43/2014 guiding the procedures for conversion, conversion, transfer, lease, sublease, inheritance, donation, capital contribution with land use rights as follows:

• The land user shall submit 1 set of dossiers for exercising the rights of land users and owners of property on land and submit it to the land registration office or the 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 is responsible for checking the dossier, if it is eligible to exercise the rights as prescribed, it shall perform the following tasks: In case of having to fulfill financial obligations, it shall send it to the tax office to the tax authority. cadastral information to determine and notify collection of financial obligations as prescribed; Confirm the content of changes in the issued Certificate according to regulations; edit and update changes in cadastral records and land databases; grant the certificate to the land user. In case the land user submits the application 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.

Dossier of application for  land parcel division and transfer of land use right (Illustration)

2. Dossier of application for division of the land plot to the name on the Land Use Right Certificate

1. Dossier of request for parcel separation

• According to Clause 11 Article 2 of Circular No. 09/2021/TT-BTNMT guiding the application for land parcel separation, an application for land parcel division is required, made according to Form No. 11/DK issued together with this Circular, issued original Certificate.
• For papers on land use rights, upon submission, the dossier submitter has the right to choose the following form: Submit a notarized and authenticated copy of the paper according to the law or submit a copy and show it when being requested to check and compare to confirm the copy or submit the original of the paper.

2. Dossier of land use right transferring

• According to Clause 2, Article 2 of Circular No. 09/2021/TT-BTNMT guiding the application for land title transfer in case of transfer, lease, conversion, sub-lease, donation of inheritance or land use right; capital contribution by land use rights; Transfer of land use rights of husband or wife into joint ownership of husband and wife includes: Application for registration of changes in land and properties attached to land, made according to Form No. 09/DK; Contracts and documents on the transfer of land use rights (In case the heir to the land use right is the only person, an application for registration of the inheritance of land use rights must be submitted);
• The original of the issued Certificate; The written approval of the competent State agency for the economic organization that receives the transfer, capital contribution or lease of agricultural land use rights to implement the investment project; The written consent of the land user for the owner of the property on land to be transferred, donated, leased or contributed as capital, in the case of transfer, donation, lease, capital contribution with land-attached assets where the owner of the land-attached asset is not concurrently a land user.
• According to Clause 4, Article 2 of Circular No. 09/2021/TT-BTNMT, guiding the submission of documents when carrying out the procedures for granting a Certificate, in case the land use right is transferred before July 1, 2014 in which the licensor has approved has been granted a Certificate but has not yet carried out the procedures for transferring rights as prescribed: The dossier includes an application for registration of changes in land and properties attached to land, made according to Form No. 09/DK; Contract or document on transfer of rights in case there is a contract or document on receipt of transfer, inheritance or donation of land use rights as prescribed, but the licensor does not give the Certificate to the transferee.

• The application includes an application for registration of changes in land and land-attached assets, made according to Form No. 09/DK; The original of the issued Certificate; Papers on the transfer of land use rights and land-attached assets with full signatures of the licensor and the transferee in case the contract is not made, the transfer document when receiving the transfer or donation of the land use right.

3.Time limit for requesting parcel division to change the name

1. Time limit for requesting parcel separation.

• According to Clause 40, Article 2 of Decree No. 01/2017/ND-CP stipulating a time limit of no more than 15 days for registration and grant of a land use right certificate to a land use right transferee; the time limit does not exceed 15 days for land parcel separation or consolidation; in the case of being allocated land by the State to manage and carry out land registration procedures.

2. Time limit for transfer of name

• According to Clause 40, Article 2 of Decree No. 01/2017/ND-CP stipulating that in case a land plot has a certificate and the land user transfers or donates land use rights, the change must be registered, the time limit is no more than 10 days since the date of receipt of valid dossiers for State agencies to carry out registration procedures when transferring or donating land use rights.

➤ See more:

➤ Conversion of land use rights according to Vietnamese law.

➤ 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 and transferring land plots on the land use right certificate in 2022 of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for more advice.