ORDER AND PROCEDURES FOR
AGRICULTURAL LAND SEPARATION
OUTLINES
1. Conditions for agricultural land plot separation.
2. Application for agricultural land plot separation.
3. Order and procedures for agricultural land plot separation.
4. The cost of agricultural land plot separation.
The People's Committees of the provinces/cities will issue the land price bracket and regulations on the separation of land parcels, specifically the minimum area of land plot separation in the year on January 1 of each year. Therefore, the minimum area of plot separation varies from year to year and depending on the location, the minimum area for parcel separation varies. So what is the order and procedure for separating agricultural land plots? What are the documents and papers as well as the cost of splitting the plot? The following article will analyze the content of the order and procedures for separating agricultural land plots, helping readers to understand the necessary information.
What is agricultural land? (Illustration)
- What is agricultural land?
- According to the provisions of the Land Law 2013, based on the purpose of use, land is classified into 3 types: non-agricultural land; agricultural land group; unused land group.
- In which, according to Clause 1, Article 10 of the 2013 Land Law, the group of agricultural land includes types of land for growing annual crops; land for planting perennial crops; protection forest land; special-use forest land; production forest land; salt farm; land for aquaculture and other agricultural land (including land for construction of greenhouses and other types of houses for cultivation; construction of barns for livestock; land for nursery of seedlings and breeding animals; land for planting flowers and trees; landscape; land for livestock, aquaculture, cultivation for study).
- What are the requirements when separating agricultural land parcels?
- In order to separate the agricultural land plot, the agricultural land plot must satisfy the conditions specified in Article 188 of the 2019 Land Law; Article 29 of Decree No. 43/2014/ND-CP, as follows:
- Having a certificate of land use right and ownership of properties attached to the land;
- Being in the land use term;
- No disputes;
- Not being distrained to ensure judgment enforcement;
- There is no decision or notice on land acquisition from a competent state agency;
- Not falling into the cases that are not allowed to separate the plot as prescribed;
- The land user does not violate the provisions of the law on land during the use of the agricultural land plot.
- Thus, in order to split the agricultural land parcel, the land plot must satisfy the above conditions.
- How is the land area divided into agricultural land parcels?
- When splitting an agricultural land plot, the new land plot must have an area equal to or larger than the minimum area allowed for plot separation prescribed by the provincial-level People's Committee in that locality. According to Clause 23, Article 1 of Decree No. 148/2020/ND-CP stipulating that the People's Committee of the province shall base it on the master plan, land use plan, detailed construction planning and specific conditions in the locality. specifying conditions for separation of land parcels, conditions for consolidating land plots according to each type of land and the minimum area to be divided for each type of land.
- If the agricultural land area is smaller than the minimum area prescribed by local regulations, a certificate of land use right will be granted if the conditions specified in Article 29 of Decree No. 43/2014 are satisfied. /ND-CP is: the land plot currently in use formed before the date the provincial-level People's Committee promulgates the effective document regulating the minimum land area; the land plot is eligible for issuance of a land use right certificate. A land user whose land plot wants to be split less than the minimum land area can both apply for the separation of the parcel and apply for the merger of that land parcel with the adjacent land plot to form a new land plot.
Dossier to apply for separation of agricultural land plot
- According to Clause 11 Article 2 of Circular No. 09/2021/TT-BTNMT guiding the application for the separation of land parcels, an application for division of land parcels is required, made according to Form No. 11/DK issued together with this Circula, original certificate is issued.
- For papers on land use rights, when submitting, the dossier submitter has the right to choose the following form: Submit a notarized and authenticated copy of the paper according to the provisions of law or submit a copy of the document and export it. present the original when requested to check and compare to confirm the copy or submit the original of the paper.
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- Order and procedures for applying for separation of agricultural land plots:
- Order and procedures for applying for separation of agricultural land plots: According to Article 75 of Decree No. 43/2014/ND-CP guiding the order and procedures for land parcel separation 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 parcel.
- Step 3: The land registration office prepares a dossier and submits it to the competent authority to issue a certificate of land use right for the newly separated land parcel 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 application 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.
- Time limit for processing applications for separation of agricultural land plots:
- Time limit for processing applications for separation of agricultural land plots: The time limit for processing the application for separation of agricultural land parcels according to Clause 40, Article 2 of Decree No. 01/2017/ND-CP guiding the time limit shall not exceed 15 days from the date of receipt of valid dossiers. 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 annual agricultural land is 25 days from the date of receiving valid dossiers.
- Cost of splitting agricultural land plot: In case only the plot is split, the cost of measurement ranges from VND 1,800,000 to VND 2,500,000 and the fee for making a new cover (if any) shall be regulated by the Provincial People's Council in the locality.
- In case of separation of land plots for transfer, donation, capital contribution, etc., land use rights, there will be an additional registration fee according to Circular No. 13/2022/TT-BTC, cost of application appraisal according to Circular No. 13/2022/TT-BTC. No. 85/2019/TT-BTC on which the local People's Council of the province stipulates the rate of collection.
➤See more:
➤ Principles of issuing land use right certificate and ownership of houses and other land-attached assets.
➤ Cases of registration of changes have been certified or registered with changes.
➤ Deposit contract cancellation of land use right transfer without compensation.
➤ Common causes of land disputes.
- Above is the content of some regulations on the order and procedures for separating agricultural land parcels of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
