ORDER AND PROCEDURES FOR

GARDEN LAND PARCEL SEPARATION

OUTLINES

1. Conditions for separation of garden plots.

2. Dossier to separate the garden plots.

3. Order and procedures for separation of garden land plots.

4. Transfer of the right to use garden land after splitting the plot.

• Garden land is a fairly familiar type of land in fact used by many individuals and households for many different purposes. Based on the actual need, many garden land users want to separate the garden land. However, it is difficult and confusing about the documents and papers needed. How much is the legal or the area of ​​the garden plot? These are FAQs relating to procedure for garden land separation. The following article will show the procedure for the garden land plot separation. Thinh Tri law firm hopes to help readers understand the procedure for the garden plot separation.

Conditions for separation of garden land plots (illustration)

1. Conditions for separation of garden land plots:

1. Learn about garden land:

• According to the provisions of the Land Law 2013, it is not clear what is garden land, but based on the purpose of use, land is classified into 3 types: agricultural land; non-agricultural land group and unused land group.
• According to Article 103 of the Land Law 2013 stipulating how to determine the area of ​​garden and pond land in the same residential land plot.
• It can be understood that garden land is a type of land used to grow perennial or annual plants, or alternately these two types in the same land plot or alternate with the residential land area in the same residential land plot.

2. Conditions for separating the garden plot:

• In order to separate the garden land plot, the 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 rights and ownership of land-attached assets; still 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; no falling into the cases that are not allowed to separate the plots as prescribed; the land user does not violate the provisions of the law on land during the use of the land plot. Thus, in order to separate the garden land plot, the land plot must satisfy the above conditions.

3. Minimum area to be separated from the garden plot:

• When splitting a garden land plot, the new land plot must have an area equal to or greater than the minimum area allowed for plot separation 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, 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 parcels according to each type of land and the minimum area to be divided for each type of land.
• If the garden land area is smaller than the minimum area prescribed in the locality, the land use right certificate will be granted if the conditions specified in Article 29 of Decree No. 43/2014/ are satisfied. Decree-CP is: the land plot being used before the effective date of the document regulating the minimum land area provided by the provincial-level People's Committee; the land plot is eligible for issuance of a land use right certificate. A land user whose land plot wants to be split smaller than the minimum land area can apply for both the separation of the parcel and the merger of that land parcel with the adjacent land plot to form a new land plot.

Dossier to separate the garden land plot (illustration)

2. Dossier to separate the garden 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 Circular. original of the issued Certificate.
• 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.

3. Order and procedures for separation of garden land plots:

1. Order and procedures for applying for a split of a garden plot:

• 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 garden plot.
• Step 3: The land registration office shall compile a dossier and submit it to the competent authority for granting the 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.
• Bước 5: Người sử dụng đất đối với thửa đất mới tách, hợp thửa được cấp Giấy chứng nhận quyền sử dụng đất. Trường hợp người sử dụng đất nộp hồ sơ tại cấp xã thì Văn phòng đăng ký đất đai gửi Ủy ban nhân dân cấp xã để trao Giấy chứng nhận quyền sử dụng đất cho người sử dụng đất.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.
  2. Time limit for processing application:

• The time limit for processing the application for separation 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 parcels; for cases being allocated land 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.

4. Transfer of the right to use garden land after splitting the plot.

• According to Clause 1, Clause 3, Article 188 of the 2013 Land Law, after the procedure for separating the garden land parcel is completed and the certificate of land use right is issued, the land user has the right to transfer the garden land use right to others, the two parties sign into a transfer contract. Then, proceed to submit the application at the Land Registration Office to transfer the right to use the separated garden land.

➤ Xem thêm:

➤ Cases in which land use right certificates are granted for the first time.
➤ Transfer of land use rights according to Vietnamese law
➤ Cancellation of deposit contract for 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 garden land plots of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.