DOCUMENTATION AND LATEST PROCEDURES

FOR LAND DISTRIBUTION

Instructions for making the latest documents and procedures for splitting land plots

OUTLINES

1. Conditions for separation of land parcels

2. Components of the latest land parcel separation dossier..

3. Procedures for separating the latest land plot.

• The demand to transfer a part of the land plot is a regular activity. One of the important stages that cannot be ignored in partial transfer transactions is the division of the parcel. Although the procedure is quite simple, not everyone has an understanding of how to perform the latest land parcel separation.

1. Conditions for separating the land plot:

• Separation of a land parcel is understood as the division and transfer of land use rights of the land user to a number of other persons who jointly own the land separately. The division of the plot is usually carried out when the user wants to transfer or donate only a part of the area he owns.
• The separation of a part of the land plot is similar to the transfer of the whole land, so the conditions for the separation of the parcel must also satisfy the provisions of Clause 1, Article 188 of the 2013 Land Law:

"1. Land users may exercise the rights to convert, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:

a) Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;

b) Undisputed land;

c) The land use right is not distrained to secure judgment enforcement;

d) During the land use term.”

• At the same time, according to the provisions of Article 29 of Decree 43/2014/ND-CP; Clause 1, Article 2 of Circular 09/2021/TT-BTNMT in order to split the latest land plot, it is necessary to meet additional conditions regarding the planned land area to be split and the minimum side size according to local regulations ( Provincial People's Committee).
• According to the latest regulations, owning a land use right certificate (also known as a Red Book) is not universally applicable to all provinces and cities across the country. Some localities only require that the land plot is eligible to issue a Red Book, so they can proceed to split the parcel without a certificate.
• The minimum area in the operation of plot separation is regulated differently by each locality. It is required that the land plot after being separated and the newly formed land plot must not be smaller than the minimum area and size prescribed by the Provincial People's Committee.
• The division of a parcel of land with an area smaller than the minimum is only applicable in the case that after the separation, the smaller piece of land is merged with another adjacent land plot to create an area equal to or greater than the prescribed local minimum area. .

➤ More articles: Conditions and procedures for partial transfer of land use rights in 2022..

2. Components of the latest land parcel separation dossier:

• The composition of the latest land parcel separation profile is quite simple. This is one of the simplest documents in the field of land transactions. According to the provisions of Circular 24/2014/TT-BTNMT; Clause 1, Article 2, Circular 09/2021/TT-BTNMT, the person requesting the procedure for the separation of the parcel must prepare the following documents:

• An application for division of the plot, made according to the attached Form No. 11/DK;
• The original of the issued land use right certificate.
• Number of records: 01 set.

3. Procedures for separating the latest land parcel:

 The latest land parcel separation procedure.

After preparing all the above documents and documents, the individual/household will carry out the procedures for separating the latest land plot in the following order:

• Step 1: Submit the latest application for separation of the land plot

• You bring the documents to submit at the commune-level People's Committee where the land needs to be divided. In case you do not submit your application at the People's Committee, you can bring your application to:

• The district-level one-stop-shop receives and returns the results of administrative procedures to households and individuals (if the locality has organized them);
• If the locality has not yet organized the One-Stop-Shop, it can be submitted directly at the branch of the district land registration office where the land parcel to be split is located. Or submit it at the district-level land registration office if there is no branch land registration office.

• Step 2: Receive and process the request for parcel separation

• After reviewing the documents and valid documents, the officer will issue you a certificate of receipt and schedule a date to return the results.
• The time limit for settlement shall not exceed 15 working days from the date of receipt of complete and valid dossiers. For mountainous communes, islands, deep-lying, remote areas, areas with difficult or extremely difficult socio-economic conditions, the processing time shall not exceed 25 working days.
• Note: the time to receive documents, the time to fulfill the financial obligations of the land user, the time to handle the land in violation of the law, the time to solicit expertise is not included in the time frame for settlement. decision mentioned above.

• Step 3: Get the result

• Return the results within no more than 03 working days from the date on which the conclusion of the application is received.

➤ To whom it may concern:
➤ The latest process of transferring land use rights..
➤ Principles of granting certificates of land use rights and ownership of houses and other land-attached assets..
➤ Cases in which land use right certificates are granted for the first time.
➤ Issues related to when applying for a certificate of “land right” ownership. 

• Here is the latest documents and procedures for separating the land plot. If you have any questions or need support, please contact us immediately via Hotline 1800 6365 for experts to promptly advise and resolve legal issues.