LATEST PROCEDURES FOR DISTRIBUTION
IN BINH PHUOC PROVINCE
Image 1. Procedures for land parcel subdivision in Binh Phuoc.
Binh Phuoc is a province with a convenient location for trade and economic development, located in the development triangle of Ho Chi Minh City - Binh Duong - Dong Nai. This is a great opportunity for the real estate market in Binh Phuoc to make a breakthrough in the future. The following article, Thinh Tri Law will guide you on the procedure for splitting a parcel in Binh Phuoc - one of the common procedures but also encountering many problems in practice.
OUTLINES
1. Conditions to separate land parcel in Binh Phuoc.
1.1. General conditions.
1.2. Conditions of land parcel separation for residential land in Binh Phuoc.
1.3. Conditions of plot separation for agricultural land in Binh Phuoc..
2. Order and procedures for land parcel subdivision Binh Phuoc..
Currently, the latest document of the People's Committee of Binh Phuoc province on the conditions for the separation of the parcel is Decision 27/2020/QD-UBND. In particular, the general conditions for the separation of plots are now recorded very specifically in Article 4 of the Decision. Conditions include:
- First, the land plot to be split must have been granted a Certificate of Use Right or in other words, one of the following papers:
- Certificates of land use rights;
- Certificate of house ownership and residential land use right;
- Certificates of land use rights and ownership of houses and other land-attached assets shall be granted in accordance with the law on land and housing.
- Second, the divided land plot has no dispute, the land use rights are not distrained to ensure judgment enforcement.
- Third, the land plot is not part of a conservation area, historical-cultural relic site or scenic spot that has been identified and approved by a competent state agency in accordance with law.
- Fourth, the land plot has not yet had a land recovery decision or a notice of land acquisition.
- Fifth, if the land user requests to split the land parcel into a land parcel with an area smaller than the minimum area, at the same time, he requests to combine that land parcel with another adjacent land plot to form a new land plot with an area of less than the minimum area. equal to or greater than the minimum area to be divided, it is allowed to separate the parcel at the same time with the consolidation and issuance of a Certificate for the new land plot.
- Sixth, for projects on land acquisition for construction of roads invested by the State, the land parcel after having a decision on land recovery for road construction and adjustment on the Certificate is allowed to separate the parcel. land.
Pursuant to the provisions of Article 6 of Decision 27/2020/QD-UBND of the People's Committee of Binh Phuoc province, the separation of the residential land plot must ensure the following conditions:
- Firstly, the land parcel formed from the parcel subdivision and the remaining land plot upon separation must be adjacent to the existing traffic road certified by the competent state agency and not in the detailed planning scale 1 :500 that has been approved by the competent state agency. Except the case where the land plot is formed from the resettlement sites, once the separation of the land parcel conditions are satisfied according to this Regulation, it is allowed to separate the parcel.
- Second, the minimum area and size of the residential land parcel after the parcel separation is specified as follows:
- In wards and townships with roads with a road width greater than or equal to 19 m: The minimum area excluding the restricted land area of the land parcel formed from the separation of the parcel and the remaining land parcel is 45 m2 and must ensure the minimum size of the width and depth of the land plot from the construction boundary is 5 m;
- In wards and townships with roads with a road width of less than 19m: The minimum area excluding the restricted land area of the land parcel formed from the separation of the parcel and the remaining land parcel is 36 m2. and must ensure the minimum size of the width and depth of the land plot from the construction boundary is 4 m;
- In communes of towns and cities: the minimum area excluding the restricted land area of the land parcel formed of the separation of the parcel and the remaining land plot is 50 m2 and must ensure the minimum width and depth of the land plot from the construction boundary is 5 m;
- In communes in district- level: The minimum area excluding the restricted land area of the land parcel formed from the separation of the parcel and the remaining land plot is 100m2 and must ensure the minimum width of the land plot, the depth of the land plot from the construction boundary is 5 m;
- In case the traffic route has not yet specified the construction boundary, the depth of the land plot shall be calculated from the road protection corridor.
- Pursuant to the provisions of Article 5 of Decision 27/2020/QD-UBND of the People's Committee of Binh Phuoc province, the separation of the agricultural land plot must ensure the following conditions:
- The minimum area including the restricted land area of the land parcel formed of the parcel separation and the remaining land parcel which is prescribed as follows:
- Agricultural land in wards and townships is 500 m2;
- Agricultural land in the commune is 1,000 m2.
- However, there is a special note that on March 22, 2022, the Chairman of the People's Committee of Dong Xoai City, Binh Phuoc Province issued Official Letter 529/UBND-KT on the temporary suspension of parcel separation for land plots. agriculture because the situation of subdivision and sale of plots in the area is complicated, there is a danger of breaking the general planning of this city.
Image 2. Tightening the agricultural land subdivision in Dong Xoai City, Binh Phuoc.
- Step 1: Submit your application
- The dossier of plot separation in Binh Phuoc includes:
- An application for division of the parcel according to Form 11/DK.
- Original Certificate issued..
- In order to submit an application, customers can follow 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.
- Step 2: 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 3: Resolve the request
- Within 12 working days since 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 surveying 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 result
- The results must be returned to the land user within 03 working days since the date of the settlement result.
➤ More articles:
➤ How should land buyer be compensated when he voluntarily forfeit deposit?
➤ What to know about donating land use rights.
➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Common causes of land disputes in Vietnam.
- Here is the advice of Thinh Tri Law on the procedure for separating the land plot in Binh Phuoc. Hope this information will be useful to you. If you still have questions about other issues related to the civil and commercial fields in accordance with the latest laws, please contact us:
THINH TRI LAW FIRM
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Image 2. Tightening the agricultural land subdivision in Dong Xoai City, Binh Phuoc.
