LATEST PROCEDURE FOR LAND DISTRIBUTION
IN BINH DUONG PROVINCE
Image 1. Procedures for land parcel separation in Binh Duong province
Binh Duong is currently one of the key economic regions in the South. Along with the economic development, the land sector in Binh Duong is equally bustling. In particular, the procedure for separating land parcels, although familiar, also causes many problems and inadequacies for people. The following article, Thinh Tri Law will guide you to read the procedure for separating land parcels in Binh Duong according to the latest regulations.
OUTLINES
1. Minimum land area for parcel split in Binh Duong province.
2. Special notes when separating land plots in Binh Duong province.
3. Order and procedures for parcel split in Binh Duong province.
- Currently, the content of conditions and area of plot separation in Binh Duong is specified in Articles 3,4,5 of Decision 25/2017/QD-UBND of the People's Committee of Binh Duong province. As follows:
- For agricultural land:
- In the wards: 300 m2
- In towns: 500 m2
- In communes: 1000 m2
- For residential land:
- In the wards: 60 m2
- In towns: 80 m2
- In communes: 100 m2
- Firstly, in case the land parcel has many types of land, the consideration of division of the parcel shall only apply to one type of land if all conditions are met, after deducting the land area belonging to the protection corridor of the works as prescribed.
- Secondly, the newly formed land plot and the remaining land parcel after separation must be adjacent to the road managed by the State, ensuring a minimum width and depth of 4m for the land plot when adjacent to the road with the road 20m; ensure a minimum width and depth of 05m for the land plot when it is adjacent to a road with a width of ≥20m. Except for the case where the agricultural land parcel is separated according to the land use planning, it is still agricultural land, the road contiguity managed by the State is not required.
- Third, the case of separation of parcels is residential land; agricultural land according to the master plan on land use being residential land and non-agricultural land assigned to the People's Committees of districts, towns and cities for promulgation, according to Clause 1, Article 1 of Decision 28/2019/QD-UBND:
- The list of roads and road sections that have been fully invested with technical infrastructure works includes: Roads managed by the State according to the provisions of Article 39 of the Law on Road Traffic 2008, power supply and lighting routes, telecommunications information, water supply and drainage for consideration and settlement of parcel separation.
- The list of roads and road sections that have not yet invested in technical infrastructure as prescribed but must meet at least two conditions: contiguous to roads managed by the State and power supply routes on the basis of these conditions. actual or medium-term investment plan to consider and resolve the split
- Fourthly, in case the land user requests to split the land parcel into a land parcel with an area smaller than the minimum area allowed to separate the parcel for the types of land specified in Article 3 of this Decision and merge that land parcel with the adjacent other land to form a new land plot with an area equal to or larger than the minimum area to be split, it is allowed to separate the parcel at the same time as the consolidation of the parcel.
- Fifth, in case the land parcel is adjacent to the road according to the zoning planning, the land user is allowed to separate the parcel after having invested in roads and technical infrastructure in accordance with the approved subdivision planning, ensuring the best results. connecting technical infrastructure in the region.
- Sixth, in case residential land belongs to projects that have been allocated or divided into lots by the State according to the approved detailed planning, the land plot shall be determined according to the approved project and detailed planning.
Image 2. Land registration office in Binh Duong province
- Step 1: Prepare documents
- Pursuant to the provisions of Clause 11 Article 9 of Circular 24/2014/TT-BTNMT, households and individuals submit 01 set of dossiers of request for parcel separation as follows:
- An application for division of the parcel according to Form 11/DK.
- Original Certificate issued.
- Step 2: Submit your application
- To submit an application, customers can follow one of these two ways:
- Submit the application at the People's Committee of the commune, ward or town where the land is located if required.
- If the locality has not yet organized a branch of the land registration office, the application shall be submitted at the branch of the land registration office of a district, town, provincial city (district level) or the registration office of land use rights. land.
- Step 3: Receipt of application
- The application-receiving agency shall record all information in the application-receiving book and return the results, hand over the application-receiving slip and return the results to the applicant.
- If the application is incomplete or invalid, within a maximum period of 03 days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the application as prescribed.
- Step 4: Settle down the request
- Within 12 working days from the date of receipt of complete and valid dossiers, the Land Use Right Registration Office or the Division of Natural Resources and Environment shall have to:
- 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.
- The results must be returned to the land user within no more than 03 working days from the date of the settlement result.
➤ 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 latest procedure for separating land plots in Binh Duong. 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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