LATEST PROCEDURE FOR LAND PARCEL DISTRIBUTION
IN DISTRICT 12
Image 1. Guidance on the procedure for land subdivision in District 12.
Currently, there are many people in Ho Chi Minh City, especially in District 12, who want to separate the land plot. However, due to lack of understanding of the law, there are many difficulties when implementing the procedure. This article, Thinh Tri Law will guide the latest procedure for splitting a parcel in District 12.
OUTLINES
1. Conditions to separate land parcel in District 12.
1.1. General conditions.
1.2. Conditions for residential land in District 12.
1.3. Conditions for agricultural land in District 12.
2. Cases of not separating land parcel in District 12.
3. Order and procedures for land subdivision in District 12.
- Currently, in order to be divided into a parcel in District 12, the land plot must first meet the general conditions specified in Article 3 of Decision 60/2017/QD-UBND of the People's Committee of Ho Chi Minh City. . Those conditions include:
- Firstly, the land plot has been granted a certificate of land use right according to the provisions of the Land Law;
- Second, the separation of the land plot must ensure the limited use right to the adjacent land plot as prescribed in Article 171, the Land Law;
- Third, the land plot formed and the remaining land parcel after the division of the parcel, the consolidation of the parcel, and the adjustment of the boundary between the land parcels must ensure the minimum area as prescribed in this Decision.
- In addition to the general conditions to be divided, each different type of land needs to meet different minimum area requirements.In particular, for residential land in District 12, according to the provisions of Point b, Clause 1, Article 5 of Decision 60/2017/QD-UBND of the People's Committee of Ho Chi Minh City:
- The minimum area of the formed residential land plot and the remaining residential land parcel after the plot is separated (after deducting the boundary line) is at least 50m2 and the width of the frontage of the land plot is not less than 04 meters.
- Same as residential land, in order to separate an agricultural land plot in District 12, it is necessary to meet the minimum area requirement of the land plot after splitting the parcel. Accordingly, Clause 2, Article 5 of Decision 60/2017/QD-UBND of the People's Committee of Ho Chi Minh City stipulates:
- Firstly, in case the land plot is in the planning area for agricultural production: it is allowed to separate the parcel, the newly formed land plot and the remaining land plot must ensure a minimum area of 500m2 for annual crops, other agricultural land and 1,000m2 for perennial crops, aquaculture, and salt production.
- Second, in case the land parcel is not allowed to use for agricultural production purpose and belongs to the area that must be recovered according to the approved and publicized master plan and plan on land use, it is not allowed to separate the parcel..
- According to the provisions of Article 4 of Decision 60/2017/QD-UBND of the People's Committee of Ho Chi Minh City, the following cases will not be allowed to separate the parcel even if all the conditions in section 1 are satisfied.
- First, for a conservation area that has been approved by a competent state agency on the list that must be conserved according to the provisions of law, it is not allowed to separate the plot.
- Second, the villa is owned by the State; villas in groups 1 and 2 according to the provisions of Circular No. 19/2016/TT-BXD dated June 30, 2016 of the Ministry of Construction on guiding the implementation of a number of contents of the Law on Housing and Decree No. 99/ 2015/ND-CP dated October 20, 2015 of the Government detailing and guiding the implementation of a number of articles of the Law on Housing.
- Thirdly, the areas currently being villas will continue to be managed according to the planning; villas under the planned project; residential land under projects that have been allocated land by the State and granted certificates for each land foundation according to the approved detailed planning of 1/500 scale; areas with approved detailed planning of 1/500 scale. In case this planning is adjusted by a competent State agency, the division of parcels must comply with the adjusted planning and this Decision.
- Fourthly, for houses and land in the area where there is a notice of land recovery or a decision on land recovery issued by a competent State agency, it is not allowed to separate the plot.
Image 2. Subdivision application in District 12.
- Step 1: Submit your application
- The dossier of plot separation in District 12 includes the following documents:
- An application for division of the parcel according to Form 11/DK.
- Original Certificate issued.
- To submit an application, customers can do it in one of 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 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 surveying to separate land parcels;
- Preparing 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;
- Editing and updating 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 no more than 03 working days from the date of the settlement result.
➤ More articles:
➤ Cases of registration of changes have been certified or registered with changes..
➤ 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 separating land plots in District 12. Hope this information will be useful for customers. 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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