What are the regulations on the minimum area for separating the parcel for each type of land in Tra Vinh province?
- What are the conditions for separating and consolidating the parcels by each type of land in Tra Vinh province?
- In what cases will not allowed to separate and consolidate the land parcels by each type of land in Tra Vinh province?
- What are the regulations on the minimum area and size for separating the parcel by each type of land in Tra Vinh province?
What are the conditions for separating and consolidating the parcels by each type of land in Tra Vinh province?
According to the provisions of Clauses 1 and 2, Article 4 of Decision 26/2021/QD-UBND dated November 18, 2021 of the People's Committee of Tra Vinh province, the conditions for separating and consolidating the parcels by each type of land in Tra Vinh province are as follows:
(1) Conditions to separate the parcel:
- Having certificate of land use right.
- Having certificate of land use rights, ownership of houses and other land-attached assets.
- Having certificate of ownership of construction works as prescribed in Clause 2, Article 97 of the Land Law 2013.
(2) Conditions to consolidate the parcels:
- Having the same land user; In case owner is not the same, the land use right transfer must be done before or at the same time of consolidation.
- Having the same land use purpose; In case the land use purpose is different, the change of land use purpose must be performed before the land parcel consolidation.
- Consolidation of a part of the parcel (or land parcel) with an adjacent land parcel granted a certificate of land use rights, ownership of houses and other land-attached assets as prescribed to form new land parcels.
In what cases will not allowed to separate and consolidate the land parcels by each type of land in Tra Vinh province?
Pursuant to Clause 3, Article 4 of Decision 26/2021/QD-UBND dated November 18, 2021 of the People's Committee of Tra Vinh province, cases will not allowed to separate and consolidate the land parcels by each type of land in Tra Vinh province are as follows:
- The land parcel is located in the area with land recovery notice or decision on land recovery issued by a competent authorities.
- The land parcel is in dispute, complaint or denunciation on land and is being accepted and settled by the competent authority.
- The land parcel or the parcel with land-attached assets is sealed by competent agencies from implementing measures to implement the decision of the competent state agency or the court's judgment.
- The land user violates the provisions of the law on land in the course of land use with the conclusion of the competent authority.
- The land parcel may not be divided or consolidated according to other provisions of law.
- In addition, in case of requesting to separate the non-agricultural land parcel or agricultural land to change the land use purpose to non-agricultural land not adjacent to existing public works, the People's Committees of districts and towns Communes and cities (hereinafter referred to as district-level People's Committees) must provide opinions on the application for separating and consolidating the parcels. The Land Registration Office is only allowed to measure and separate the parcels with the agreement of the District People's Committee.
What are the regulations on the minimum area and size for separating the parcel by each type of land in Tra Vinh province?
According to Clause 5, Article 4 of Decision 26/2021/QD-UBND dated November 18, 2021 of the People's Committee of Tra Vinh province, the regulations on the minimum area and size for separating the parcel by each type of land in Tra Vinh province are as follows:
(1) Minimum area and size of new land parcels for non-agricultural land as follows:
- Land parcel adjacent to existing public works with safety corridors (works ≥ 19m:
+ Minimum area 45m², minimum frontage width of 5m, for land in wards and townships.
+ Minimum area of 50m², minimum frontage width of 5m for land in communes.
- Test the land adjacent to the existing public works with the construction of safety corridors < 19m or without the construction of safety corridors:
+ Minimum area of 36m², minimum frontage width of 4m, for land in wards and townships.
+ Minimum area of 40m², minimum frontage width of 4m for land in the commune.
(2) The minimum area of new land parcels for agricultural land is as follows:
- Land for rice cultivation, aquaculture and forestry land in communes, wards and townships with an area of at least 1000m².
- The remaining agricultural land in communes, wards and townships has an area of at least 500m².
(3) In case the parcel of land requesting for separating the parcel has a special shape (the shape is not a rectangle, a trapezoid):
- Land parcel adjacent to existing public works with safety corridors works ≥ 19m:
+ Minimum area 45m², minimum frontage width of 5m, for land in wards and townships.
+ Minimum area of 50m², minimum frontage width of 5m for land in communes.
- Test the land adjacent to the existing public works with the construction of safety corridors < 19m or without the construction of safety corridors:
+ Minimum area of 36m², minimum frontage width of 4m, for land in wards and townships.
+ Minimum area of 40m², minimum frontage width of 4m for land in the commune.
- Land for rice cultivation, aquaculture and forestry land in communes, wards and townships with an area of at least 1000m².
- The remaining agricultural land in communes, wards and townships has an area of at least 500m².
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