ORDER AND PROCEDURE FOR

LAND PLOT SEPARATION FOR PERENNIAL CROP

OUTLINES

1. Conditions for separation of land plots for perennial crops.

2. Dossier to separate the land plot for perennial crops.

3. Order and procedures for applying for separation of land plots for perennial crops.

  The real estate market in Vietnam is very active and attracts a lot of attention. In particular, one of the legal needs that many people are interested in is the order and procedures to apply for the separation of land plots for purchase, sale, donation, capital contribution, etc. In fact, there are many people who do not know the regulations well. the law on the order and procedures for the separation of land parcels, the need to prepare documents for the separation of land parcels, and the conditions for the land to be divided, leading to difficulties and obstacles in the implementation of the separation of land parcels. The following article will analyze the content of the procedure for separating the land plot for perennial crops, helping readers understand the necessary information when applying for the separation of the land plot for perennial crops.

Conditions for land plot separation for perennial crops (Illustration)

1. Conditions for land plot separation for perennial crops (Illustration)

1. Definition of seperating land for perennial crops

• According to the provisions of the Land Law 2013, based on the purpose of use, land is classified into 03 types: agricultural land; non-agricultural land and unused land.
• In which, according to Clause 1, Article 10 of the Land Law 2013, the group of agricultural land includes types of land for growing annual crops; land for planting perennial crops; land for protection forest; special-use forest land; production forest land; salt land; aquaculture land and other agricultural land. Thus, land for growing perennial crops is one of the types of land belonging to the agricultural land.
• The purpose of the land for perennial crops is to grow crops that are planted once, grown and harvested for many years. Planting perennial pharmaceutical plants, trees such as perennial fruit trees, perennial industrial plants and other perennial plants.
•  For example: acacia, soapberry, grapefruit, orange, coffee, rubber, etc.

2.  Conditions for separating land plots for perennial crops

• In order to separate the land plot for perennial crops, the land plot for perennial crops must satisfy the conditions specified in Article 188 of the 2013 Land Law; Article 29 of Decree No. 43/2014/ND-CP, as follows: Having a certificate of land use rights and ownership of land-attached assets; is in the land use period; no dispute; not be distrained to ensure judgment enforcement; there is no decision or notice on land acquisition from a competent state agency; do not fall into the cases that are not allowed to separate the plots as prescribed; the land user does not violate the provisions of law on land in the process of using the land plot for planting perennial crops. Thus, in order to separate the land plot for perennial crops, the land plot must satisfy the above conditions.
• When separating a land plot for growing perennial crops, the new land plot must have an area equal to or larger than the minimum area allowed for division according to regulations of the provincial 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 land consolidation according to each type of land and the minimum area to be divided for each type of land.
• If the land area for perennial crops is divided into a smaller area than the minimum area prescribed in local regulations, a certificate of land use right shall be granted if the conditions specified in Article 29 of Decree No. 43 are satisfied. /2014/ND-CP is: the land plot currently in use formed before the date the provincial 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.

Hồ sơ xin tách thửa đất trồng cây lâu năm (Ảnh minh họa)

2. Dossier for  separation of perennial land crop 

• 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 the land parcel is required, made according to Form No. 11/DK issued together with this original Certificate.
• For papers on land use rights, upon submission, 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 present the original when requested to check and compare to confirm the copy or submit the original of the paper.

3. Order and procedures for apply for land plot separation for perennial crops

1. The order and procedures to apply for the separation of land plots for perennial crops  

• 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 application for separation of the land plot and submits it to the Land Registration Office or the Commune 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, etc.

2. Time limit for processing applications for separation of land plots for perennial crop.

• The time limit for processing the application for division of the land plot for perennial crops according to Clause 40, Article 2 of the Decree No. 01/2017/ND-CP guiding the time limit shall not exceed 15 days from the date of receipt of a valid dossier. continue to separate land plots for planting trees for a long time; in the case of land allocation by the State for management, the time limit for land registration procedures shall not exceed 15 days for land parcel separation or consolidation. 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..

 See more:

➤ Cases in which land use right certificates are granted for the first time.

➤ Conversion of land use rights according to Vietnamese law.

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

➤ Causes of land disputes you need to know.

Above is the content of some regulations on the order and procedures for separating land plots for perennial crops of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline Hotline 1800 6365 for advice.