LATEST PROCEDURES FOR
LAND DISTRIBUTION IN QUANG NAM
OUTLINES
1. General conditions for the division of plots in Quang Nam.
2. Minimum area to be split plots in Quang Nam.
2.1. For residential land.
2.2. For agricultural land.
3. Order and procedures for splitting plots in Quang Nam.
Quang Nam is a locality with mountainous terrain, so the regulations on division of plots and parcels in this province also have many peculiarities. Let's find out with Thinh Tri Law through the article below.
Image 1. Procedure for land distribution in Quang Nam:.
- Currently, the latest document of the People's Committee of Quang Nam province on the conditions for the separation of the parcel is Decision 15/2020/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:
- Firstly, the land plot has been granted one of the following documents according to the provisions of the 2013 Land Law, including:
- Certificates of land use rights;
- Certificate of house ownership and residential land use right;
- Certificate of land use rights, ownership of houses and other properties attached to land.
- Secondly, the land is not disputed, the land use rights and assets attached to the land are not distrained to ensure judgment enforcement and are certified by the competent authority in charge of planning. land use, detailed urban construction planning, rural residential areas.
- Third, the land plot formed and the remaining land parcel after separation or consolidation must be greater than or equal to the minimum area to be split according to the regulations of the People's Committee of Quang Nam province.
- Fourthly, in case of plot separation related to the investment in local transport infrastructure connected to existing public transport, the provisions of Clause 3, Article 16 of Decision 15/2020/QD shall be complied with People's Committee.
- Fifth, the land user does not violate the provisions of the law on land in the course of management and use of the land plot to apply for the division of the parcel.
- Sixth, the division of the parcel involves limited use rights to the adjacent parcel of land as provided for in Article 171, the Land Law.
- Seventh, functional agencies only perform cadastral measurements to separate land parcels; The Land Registration Office and its affiliated branches shall edit the Certificate, update changes in the cadastral dossiers, and the land database for the land parcels eligible for division of the parcels that the land users have. request for a parcel separation.
- Pursuant to the provisions of Article 14 of Decision 15/2020/QD-UBND of the People's Committee of Quang Nam province, the separation of the residential land plot must ensure the following conditions:
- The minimum area and size for the residential land plot to be formed and the remaining residential land parcel after separation must ensure a facade width of 04m or more;
- In case the land plot has a facade width of more than 04m, the depth (from the facade to the end of the land parcel) must be from 05m or more (after subtracting the roadway or works with protection corridors) specific conditions as follows:
- For land in area I: The minimum area is 40 m2.
- For land in area II: The minimum area is 50 m2.
- For land in zone III: The minimum area is 60 m2.
- Pursuant to the provisions of Clause 1, Article 15 of Decision 15/2020/QD-UBND of the People's Committee of Quang Nam province, the division of agricultural land is not garden or pond land in the same residential land plot, but not The change of purpose to residential land must satisfy the following conditions:
- For agricultural land aside from riceland:
- If it is located within the boundaries in wards of the town, city and inner town of the district, the minimum land area to be divided is 200 m2;
- If it is located within the boundaries of the remaining communes, towns and cities, and the suburbs of the district townships, the minimum land area to be split is 300 m2;
- For agricultural land which is rice land, it is not allowed to separate the parcel, except in the following cases:
- Separation of plots to divide and inherit land use rights;
- Separation of plots for gifting or giving between husband and wife; biological father, natural mother with natural child; adoptive father, adoptive mother with adopted child; father-in-law, mother-in-law with daughter-in-law; father-in-law, mother-in-law with son-in-law; grandfather, grandmother with grandson; grandparents, grandmothers with grandchildren; brothers, sisters, siblings together.
- In this case, the minimum area to be split is 500 m2;
- For agricultural land being planted forest land for production:
- If it is located within the boundaries of wards of a town, city or inner town of a district, the minimum land area to be divided into a parcel is 2,000 m2 or more;
- If it is located within the boundaries of communes of the district, town, city and suburban township of the district, the minimum land area to be divided is 5,000 m2.
Image 2. Separation of agricultural land in Quang Nam.
- 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 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. 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: 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 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:
➤ Minimum land to carry outland separation in Dong Nai.
➤ Latest instructions on the procedure for splitting a parcel of land in Binh Phuoc.
➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Causes of land disputes you need to know.
- Above is Thinh Tri Law's advice on the procedure for separating land plots in Quang Nam. 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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