INSTRUCTIONS FOR ORDER AND PROCEDURES LATEST PARTICIPATION OF LAND FOR CHILDREN IN 2022

OUTLINES

1. Conditions for separating the land plot for children.

2. Dossier, order and procedures for separation of land plots for children.

3. Expenses for separation of land plots for children.

Land is considered as a great asset for individuals, households and organizations, so land-related issues are always a hot spot for everyone's attention and concern. Currently, there are many parents who want to separate the land plot for their children but are confused in the preparation of documents, also do not understand clearly about the conditions for separating the land plot for their children and when separating the land plot for their children, What costs need to be paid? In 2022, there have been many new regulations on procedures and costs for separating land plots between parents and children. The following article will analyze the content of the sequence and procedures for separating the land plot between parents and children, helping readers understand the necessary information about the procedure as well as the cost of separating the land plot..

Conditions for separation of land plot for children (illustration)

1. Conditions for separation of land plot for children

• The land user who wants to separate the land plot for their children is the procedure for granting a land use right certificate between parents and children in the process of exercising the right to donate.
• In order to split the land plot for children, the land user must ensure the conditions for the land plot according to Article 188 of the 2013 Land Law as follows: The land plot has a certificate of land use rights and ownership of assets attached to the land;

• The land plot has a certificate of land use rights and ownership of assets attached to the land;
• The land plot is in the land use term;
• The land plot is not disputed;
• The land plot is not distrained to secure judgment enforcement;
• The land plot is not decided or noticed of land recovery from a competent state agency;
• The land plot does not fall into the cases that are not allowed to split the parcel as prescribed;
• The land user does not violate the provisions of the law on land during the use of the land plot.

• Thus, when the land plot meets the above conditions, the land user may exercise the right to donate it to his or her children.
• Regarding the legal separation of land parcels, the newly separated land plot must have an area of ​​land equal to or greater than the minimum area permitted for plot separation as prescribed by the local People's Committee of the province.
• In case the divided land parcel of the land user for children has a land area smaller than the minimum area of ​​land for division according to local regulations, based on Article 19 of Decree No. 43/2014/ND-CP will shall be implemented as follows: Land users whose land plots were formed before the local People's Committee promulgates the effective document on regulations on the minimum area to be separated from the land plot if they fully meet the conditions for granting land parcels. With a certificate of land use right, the current land user will be granted a land use right certificate.
• In case the land user has just applied for the division of a land parcel, but the area of ​​that land plot is smaller than the minimum land area prescribed in the locality, and has applied for the consolidation of the land plot with the adjacent land plot to form a new land plot with guaranteed area. According to regulations, land users are entitled to separate parcels, combine plots and issue certificates according to regulations.

2. Dossier and procedures for separation of land plots for children

• Regarding the application for division of the land plot for children according to the guidance in Clause 11 Article 2 of Circular 09/2021/TT-BTNMT, there is an application for division of the land plot for children, made according to form No. 11/DK; The original of the issued Certificate;
• The order and procedures for splitting land plots according to Article 75 of Decree No. 43/2014/ND-CP are guided as follows:

• Step 1: The land user prepares 01 set of documents to request the separation of the land plot and submits it to the Land Registration Office or the Commune-level People's Committee. In localities where there is no land registration office, it shall be submitted to the district-level People's Committee or the Division of Natural Resources and Environment.
• Step 2: After receiving the application for separation of the land parcel in accordance with the law, the Land Registration Office conducts cadastral measurements to separate the land plot for perennial crops.
• Step 3:  The land registration office prepares a dossier and submits it to the competent authority for granting the certificate of land use right for the newly separated land plot to the land user;
• Step 4: The land registration office proceeds to correct and update changes in the cadastral records and land database.
• Step 5: The land user for the newly split or consolidated land parcel is granted a certificate of land use right. In case the land user submits the dossier at the commune level, the land registration office shall send it to the commune-level People's Committee to hand over the land use right certificate to the land user.

• The time limit for processing the application for division of the land plot for children according to Clause 40, Article 2 of Decree No. 01/2017/ND-CP guiding the time limit shall not exceed 15 days since the date of receipt of a valid dossier. For mountainous communes, islands, areas with difficult socio-economic conditions, deep-lying and remote areas, areas with extremely difficult socio-economic conditions, the time limit for settlement of parcel separation dossiers land for planting perennial crops is 25 days from the date of receiving valid dossiers.

Expenses for separation of land plots for children (illustration)

3. Expenses for separation of land plots for children

• When carrying out the procedure for splitting the plot, there will be a cost to conduct cadastral measurements, in case of splitting the land plot for a child, there will be additional procedures for donating the land use right, so there will be an additional fee for appraisal of the transfer the notarized file and certification fees as prescribed by law.

• Regarding the cost of measurement, it is the amount to be paid when separating the plot for the surveyor, the amount ranges from VND 1,800,000 to VND 2,500,000 due to local fees.
• Application appraisal fee: Each locality will have a different fee for application appraisal, ranging from 500,000 VND to several million VND.
• About notarization and authentication fees: Based on the donation contract between parents and children and the value of land use rights, there will be notarization costs as prescribed.
• Personal income tax: According to Clause 1, Article 3 of Circular No. 111/2013/TT-BTC, when parents donate land use rights to their children, they are exempt from personal income tax.
• Regarding registration fees: According to Clause 10, Article 10 of Decree No. 10/2022/ND-CP, when parents donate land use rights to their children, registration fees are exempted.
• Parents who donate land use rights to their children are exempt from personal income tax and registration fees but still declare to the tax office for the management.

See more:

➤ Things to know about donating land use rights.

➤ How should the land buyer be compensated when he voluntarily abandons the land stake?

➤ Cancellation of deposit contract for land use right transfer without compensation.

➤ Causes of land disputes you need to know.

Above is an article on the order and procedures for separating the latest land plot for children in 2022 of Thinh Tri Law Firm, which is sent to readers. If you have any questions, please contact Hotline 1800 6365 for advice.