DOSSIER WHEN CARRYING OUT PROCEDURES

FOR LAND PARCEL SEPARATION 2022 

OUTLINES

1. Dossier when carrying out procedures for land parcel separation.

2. Dossiers when carrying out procedures for separating land plots.

3. Order and procedures for land parcel separation.

• One of the legal needs of people's concern today is land issues. In which, from reality, it is necessary to mention the separation of the current land plot. Annually, the People's Committee of the province will announce the minimum area allowed to separate plots in the locality. Based on the needs, the land user needs to know the information and regulations on the separation of the parcel to carry out the division of the parcel in accordance with the regulations. In particular, for the paperwork to carry out the procedure for separating the land plot, the top concern is given. The following article will guide you on the paperwork to perform the procedure for separating the land plot, helping readers understand the necessary information.

Instructions for writing the application for division of the parcel (Illustration).

1. Dossier when carrying out procedures for land parcel division:

• According to Clause 11 Article 2 of Circular No. 09/2021/TT-BTNMT guiding the application for the procedure for land parcel separation, the following documents are required: An application for division of the land plot, made according to Form No. 11/DK enclosed with this Circular and the issued Certificate (original). In which, in case the land user proposes to split a land parcel into many new land parcels, the above-mentioned application for division of the land parcel shall be used and the content of the request for division of the land parcel shall include the declaration of the land user and the land registration office's decision.
• For the contents of the declaration of land users, it is necessary to pay attention to the following::

• Firstly, when writing an application, you must carefully read the instructions and do not erase or correct the written content.
• Secondly, regarding the content, the following shall be done: To the People's Committee of the district where the land is located, for households, individuals, and residential communities; To the People's Committee of the province where the land is located, for organizations, religious establishments, foreign organizations and individuals, overseas Vietnamese.
• Thirdly, regarding the contents of the declaration of land users, the following shall be done:

• In case an individual declares, his/her full name, date of birth, citizen identification number, date and place of issuance of citizen identification must be clearly stated.
• In case the overseas Vietnamese and foreign individuals declare, the full name, date of birth, nationality, passport number, date and place of passport issuance must be clearly stated.
• In case of household declaration, write the word “Household of Mr/Ms” and write the full name, year of birth, citizen identification number, date and place of issue of citizen identification of both the spouse and the representative. using land;
• In case the land use right is the common property of the fiances, write the full name, year of birth, citizen identification number, date and place of issuance of citizen identification of the fiances;
• In case the organization makes a declaration, specify the name of the organization, date of establishment, number and date, the agency signing the establishment decision or the number of the business registration certificate or investment license issued by a Competent State Authority.

• Third, about the content of land parcel information, according to the land use right certificate, write the required contents.
• Fourthly, on the signing of the application for division of the parcel, sign and specify the full name in the declaration of the land user. In case the authorized person carries out the procedures for the division of the parcel, sign and specify the full name of the authorized and noted as “authorized”. In case the organization uses land, sign and clearly state the full name, position and seal of the organization.

2. Dossiers when carrying out procedures for land parcel separation:

• When submitting dossiers on land use rights and ownership of land-attached assets, the applicant may choose one of the following forms: Submit a notarized or authenticated copy of the paper as prescribed of the law on notarization and authentication or Submitting copies of papers and presenting the originals for the receiving officer to check and compare and confirm on the copies or Submit the originals of the papers.
• When submitting documents for fulfillment of financial obligations regarding land and land-attached assets for carrying out procedures for issuance of a Certificate or for registration of changes in land and land-attached assets, the applicant may select choose one of the following forms: Submit a notarized or authenticated copy according to the provisions of the law on notarization and authentication or Submit a copy and present the original for the receiving officer to check and compare and certify the copy or Submit the original (for the case of 2 originals).

Order and procedures for land parcel separation (illustration).

3. Order and procedures for land parcel separation::

1. Order and procedures for land parcel separation:

• According to Article 75 of Decree No. 43/2014/ND-CP guiding the order and procedures for land parcel separation as follows:

• Step 1: The land user prepares 01 set of documents to request the 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.
• Step 2: After receiving the application for separation of the land parcel in accordance with the law, the Land Registration Office conducts cadastral measurements to separate the garden plot.
• Step 3:  The land registration office prepares a dossier and submits it to the competent authority for granting the certificate of land use right for the newly separated land plot to the land user;
• Step 4: The land registration office proceeds to correct and update changes in the cadastral records and land database.
• Step 5: The land user for the newly split or consolidated land parcel is granted a certificate of land use right. 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 land use right certificate to the land user.

2. Time limit for land parcel separation:

• Time limit for processing dossiers of application for land parcel separation: 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; in the case of land allocation by the State for management, the time limit for land registration procedures shall not exceed 15 days for land parcel separation or consolidation. 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.

➤ More articles:

➤ Minimum land area to carry out procedures for land parcel separation in Dong Nai province.
➤ Cases in which land use right certificates are granted for the first time..
➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Common causes of land disputes.

• Here is the content of some regulations on guiding documents when carrying out the procedures for separating the land plot in 2022 of Thinh Tri Law Firm, sent to readers. If you have any questions, please contact Hotline 1800 6365 for advice.