Amendment of Regulations on Conditions for Parcel Splitting, Parcel Consolidation, and Minimum Area for Parcel Splitting (Draft)
Proposal to Amend Regulations on Conditions for Parcel Division, Parcel Consolidation, and Minimum Parcel Division Area?
According to Clause 3 Article 4 of the Draft Decree amending and supplementing several Decrees detailing the implementation of the Land Law (amending and supplementing Clause 23 Article 1 of Decree 148/2020/ND)
“Article 75a. Regulations on conditions for parcel division, parcel consolidation, and minimum parcel division area
The People's Committee at the provincial level shall, based on planning, land use plans, detailed construction planning, and specific local conditions, stipulate specific conditions for parcel division, conditions for parcel consolidation for each type of land, and the area of divided parcels for each type of land according to current land use status. In cases where it is not consistent with the planning, land use plan, the division, and consolidation of parcels shall only be carried out after completing the procedure for converting the land use purpose in accordance with the planning and land use plan approved by the competent authority.”
Amendment of Regulations on Conditions for Parcel Division, Parcel Consolidation, and Minimum Parcel Division Area (Projected)? (Image from the internet)
Current Regulations on Conditions for Parcel Division, Parcel Consolidation, and Minimum Parcel Division Area?
According to the provisions in Clause 23 Article 1 of Decree 148/2020/ND as follows:
"Adding Article 75a as follows:
Article 75a. Regulations on conditions for parcel division, parcel consolidation, and minimum parcel division area
The People's Committee at the provincial level shall, based on the planning, land use plans, detailed construction planning, and specific local conditions, stipulate specific conditions for parcel division, conditions for parcel consolidation for each type of land, and the minimum divided parcel area for each type of land."
What are the procedures and steps for implementing parcel division or parcel consolidation?
According to Article 75 of the Land Law 2013, the procedures and steps for implementing parcel division or parcel consolidation are as follows:
"Article 75. Procedures and steps for implementing parcel division or parcel consolidation
1. Land users shall submit 01 set of documents requesting the parcel division or parcel consolidation.
2. The Office of Land Registration is responsible for the following tasks:
a) Conduct cadastral surveying to divide the parcel;
b) Prepare documents to submit to the competent authority for issuing the Certificate of Land Use Rights, House Ownership, and other assets attached to the land for the newly divided or consolidated parcel;
c) Adjust and update changes in the cadastral records and land database; deliver the Certificate of Land Use Rights, House Ownership, and other assets attached to the land to the land users or send it to the People's Committee at the commune level for delivery in case the documents were submitted at the commune level.
3. In case the parcel division is due to the transfer of land use rights for part of the parcel or due to dispute resolution, complaint, denunciation, land auction, or household division; contract execution, capital contribution, collateral auction to enforce a judgment (hereinafter referred to as the transfer of rights), the Office of Land Registration shall carry out the following tasks:
a) Conduct cadastral surveying to divide the parcel and prepare a cadastral extract for the newly divided parcel according to the surveying results to facilitate the land user in signing contracts and transaction documents regarding the rights for the newly divided parcel;
b) Complete the procedure for registering changes according to the provisions of this Decree for the transferred land area; simultaneously, confirm changes in the issued Certificate or submit a request to the competent authority for issuing the Certificate of Land Use Rights, House Ownership, and other assets attached to the land for the remaining area of the parcel that is not transferred; adjust and update the changes in the cadastral records and the land database; deliver it to the land user or send it to the People's Committee at the commune level for delivery in case the documents were submitted at the commune level.
4. In case of parcel division due to the State recovering part of the parcel, the Department of Natural Resources and Environment shall direct the Office of Land Registration based on the recovery decision of the competent state authority to conduct the following tasks:
a) Conduct cadastral mapping adjustments, update cadastral records and the land database;
b) Confirm changes in the issued Certificate and deliver it to the land user or send it to the People's Committee at the commune level for delivery in case the documents were submitted at the commune level."
Thus, upcoming amendments to the regulations on conditions for parcel division, parcel consolidation, and minimum parcel division areas are included in the Draft Decree amending and supplementing several Decrees detailing the implementation of the Land Law.
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