What are the conditions for division of land parcels in Vietnam? In which case is the land parcel ineligible for division according to current regulations?
What are the conditions for division of land parcels in Vietnam?
Pursuant to Clause 1, Article 188 of the 2013 Land Law of Vietnam and Article 29 of Decree No. 43/2014/ND-CP stipulating as follows:
In order to divide a land parcel, the following conditions must be met:
- Having a certificate of land use rights, ownership of houses and other land-attached assets.
- The land is dispute-free;
- The land use rights are not distrained to secure judgment enforcement;
- Within the land use term.
- The land parcel meets the minimum area and dimension requirements as prescribed by the People's Committees of the provinces and cities.
What are the conditions for division of land parcels in Vietnam? In which case is the land parcel ineligible for division according to current regulations? (Image from the Internet)
In which case is the land parcel ineligible for division?
Cases in which land parcels cannot be divided are specified in the 2013 Land Law of Vietnam, specifically as follows:
(1) Failing to meet the minimum land parcel division condition
Pursuant to Article 144 of the 2013 Land Law of Vietnam and Article 143 of the 2013 Land Law of Vietnam stipulating the minimum area to be divided into parcels, the People's Committee of the province shall stipulate the minimum area allowed to separate the parcel for each type of land to suit specific local conditions.
(2) Failing to meet the conditions for exercising land use rights
- No land use right certificate
Pursuant to Point a, Clause 1, Article 188 of the 2013 Land Law of Vietnam, land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital upon obtaining the Certificate, except for the case specified in Clause 3, Article 186 of the 2013 Land Law of Vietnam and the case of inheritance specified in Clause 1, Article 168 of the 2013 Land Law of Vietnam;
Land without a certificate of land use rights is, in principle, a type of land that does not meet the conditions for donation, transfer, etc., so it will not be possible to split the plot for these purposes.
- The land use right is distrained to secure judgment enforcement
Pursuant to Point c, Clause 1, Article 188 of the 2013 Land Law of Vietnam stipulating that land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital when the land use rights are not distrained to secure judgment enforcement;
Pursuant to Article 111 of the 2008 Law on Enforcement of Civil Judgments on distraint of land use rights as follows:
+ Upon distraint of land use rights, enforcers shall request judgment debtors or current managers of land use rights-related papers to supply these papers to civil judgment enforcement agencies.
+ Upon distraint of rights to use land with attached assets under ownership of judgment debtors, enforcers shall distrain the rights to use both land and attached assets.
Thus, the distrained land has been distrained for the land use rights and assets attached to the land, the certificate of land use rights has been revoked, so the right to divide the land parcel cannot be exercised.
- Expiry of land use term
Pursuant to Point d, Clause 1, Article 188 of the 2013 Land Law of Vietnam, which stipulates that land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital during the land use term.
Pursuant to Article 126 of the 2013 Land Law of Vietnam stipulating that land used for definite term is as follows:
+ The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of the 2013 Land Law of Vietnam is 50 years.
When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in Clause 1 Article 126 of the 2013 Land Law of Vietnam.
+ The term for lease of agricultural land to households or individuals must not exceed 50 years. At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.
+ The term for land allocation or land lease to organizations for the purpose of agriculture, forestry, aquaculture or salt production;
To organizations, households or individuals for the purpose of trading and services or for non-agricultural production establishments; to organizations for implementing investment projects;
+ To overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years.
For large investment projects with slow recovery of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer term, the term of land allocation or land lease must not exceed 70 years.
For projects on construction of houses for sale or for a combination of sale and rent or for lease- purchase, the land use term shall be determined in accordance with the duration of the project.
Those who buy houses associated with land use rights may use land for a long and stable term.
At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in this Clause.
+ The land lease term for the purpose of office construction of foreign organizations with diplomatic functions must not exceed 99 years.
At the expiry of the term, if these organizations are still in need of the land, the State shall consider extending the land lease term or leasing another land parcel. Each extension period must not exceed the term prescribed in Clause 4 Article 126 of the 2013 Land Law of Vietnam.
+ The lease term for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years;
+ Regarding land for construction of non-business facilities of self-financed public non-business organization as prescribed in Clause 2, Article 147 of the 2013 Land Law of Vietnam, and other public facilities involving commercial purpose, the land use term must not exceed 70 years.
At the expiry of the term, if the land users still have land use needs, the State shall consider an extension but the extension must not exceed the term prescribed in Clause 6 Article 147 of the 2013 Land Law of Vietnam.
+ For a land parcel with multiple use purposes, the land use term shall be determined in accordance with the land use term of the land type used for the main purpose.
+ The term for land allocation and land lease prescribed in Article 147 of the 2013 Land Law of Vietnam shall be calculated from the date of the decision on land allocation or land lease issue by a competent state agency.
- The land in dispute is one of the conditions specified in the conditions of the division of the land parcel of each locality.
What is the application required to submit when carrying out the procedures for division of the land parcel?
Pursuant to Clause 11 Article 9 of Circular No. 24/2014/TT-BTNMT as amended by Clause 1, Article 2 of Circular No. 09/2021/TT-BTNMT as follows:
Application for registration of change to land and property on land
…
10. Application for certification of further use of agricultural land of a household or individual upon land use expiration upon request; or division of a land lot from multiple land lots granted a common certificate for issuance of a separate certificate shall include:
a) Application for registration of change to land and property on land made using Form No. 09/DK.
In case a land lot is split from multiple land lots granted a common certificate for issuance of a separate certificate, skip Point 5 of Section I, Section II and Section IV of Form No. 09/DK;
b) Original copy of the issued certificate.
11. Application for division or consolidation of land lots shall include:
a) Application for division or consolidation of land lots made using Form No. 11/DK;
b) Original copy of the issued certificate;
...
Thus, according to the above provisions, the application for division or consolidation of land lots shall include:
- Application for division or consolidation of land lots made using Form No. 11/DK;
- Original copy of the issued certificate;
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