LATEST PROCEDURE FOR
HOUSEHOLD LAND SEPARATION
Image 1. Latest procedures for household land subdivision
Real estate has always been one of the most important and popular fields nowadays. In particular, the procedure for parcel separation is a big concern. In this article, Thinh Tri Law woul like to share with you about the procedure for separating household land.
OUTLINES
1. Definition of household land and household parcel separation.
2. Conditions for separating household land plots.
3. Order and procedures for separating household land plots.
- Currently, the land law has specifically recognized the concept of land under the use right of households in Clause 29, Article 3 of the 2013 Land Law. Accordingly, land-using households are those who have a marital relationship, by blood, raised in accordance with the law on marriage and family, living together and having common land use rights at the time of land allocation, land lease or recognition of land use rights by the State; transfer of land use rights.
- For household land, on the outer cover of the Certificate will write “Household of Mr” or “House of Mrs”, then write full name, year of birth, name and number of personal papers, permanent address of the household.
- In terms of the concept of household land separation, it can be simply understood that this is the procedure of dividing a land parcel with a red book into two or more plots of smaller area.
- In order to separate a household land plot, that land plot must fully satisfy the conditions in Article 188 of the 2013 Land Law, Article 29 of Decree 43/2014/ND-CP, Clause 11 Article 9 of Circular 24/2014/TT - BTNMT. Specifically include the following conditions:
- First, have a certificate of land use rights, ownership of houses and other assets attached to land (or another name is a red book).
- Second, the land plot is not disputed.
- Third, land use rights are not distrained to secure judgment enforcement.
- Fourth, the land parcel still has the land use term.
- Fifth, the newly formed land plot and the remaining land plot after red book separation of the household must not be smaller than the minimum area prescribed by the provincial People's Committee where the land is located.
- Sixth, the members of the household make an agreement on agreeing to carry out the procedure for separating the household red book and bring it notarized and authenticated..
- Dossier for separation of household land parcels includes:
- According to the provisions of Clause 11 Article 9 of Circular 24/2014/TT-BTNMT, when conducting the separation of the land plot, it is necessary to prepare 01 set of documents including the following documents:
- Application for separation of household red book according to the form.
- The original certificate of land use rights, ownership of houses and other land-attached assets (also known as the red book) granted.
- The contract or written agreement on division of land use rights and ownership of land-attached assets to the household, which has been notarized or authenticated (if any).
Image 2. Application for household land separation
- Order of separation of household land plots:
- Step 1: Submit an application to separate the household land plot
- Pursuant to Clauses 2 and 3, Article 60 of Decree No. 43/2014/ND-CP, households and individuals can choose 1 of 2 ways to submit dossiers as follows:
- Option 1: Households and individuals submit documents to the People's Committee of the commune where the land is located if they wish.
- Option 2:
- Households and individuals shall submit their dossiers at the district-level branch of the land registration office or at the district-level land use right registration office, for places where a branch of the land registration office has not been established.
- For localities that have organized a one-stop shop to receive and return administrative procedure results, they shall submit them to the one-stop shop.
- Step 2: Receive the application to separate the household land plot
- If the application is incomplete or invalid, within a maximum of 03 days, the application-receiving and processing agency must notify and guide the applicant to supplement the application.
- Step 3: Solve the request to separate the household land plot
- At this step, the person wishing to separate the Red Book should pay attention to the financial payment obligation.
- The competent authority in this phase will carry out the following activities:
- Cadastral survey to separate land parcels;
- Prepare 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 to land users for the newly split or consolidated land parcel;
- Edit and update changes in cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People's Committees for exchange with the case of filing at the commune level.
- Step 4: Return the results of the application for the household land separation
- The land registration agency shall hand over the certificate to the household or individual that requests it or send it to the commune-level People's Committee for handing in case the application is submitted at the commune.
➤ More articles:
➤ Disputes over public footpath on adjoining real estate, jurisdiction to settle disputes and litigation costs
➤ What to know about land donation.
➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Common causes of land disputes in Vietnam.
- Here is the procedure for inherited land plot split that we have searched for. We hope this information find you well. If you still have questions about other issues related to the civil and commercial fields in accordance with the latest laws, dont hesitate to contact us via:
THINH TRI LAW FIRM
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