Regulations on the Issuance of Red Book for Land that Does Not Meet the Requirements for Plot Separation

Le Hai

08:29, 11/07/2024

The land parcel with an area that meets the minimum area prescribed by the Provincial People's Committee shall be issued a Land Use Rights Certificate (LURC) if it meets the conditions specified in Articles 100, 101, and 102 of the 2013 Land Law. So, how should cases where the land area in use is smaller than the minimum land area be resolved?

Regarding this matter, pursuant to Clause 1, Article 29 of Decree 43/2014/ND-CP, the conditions for land parcels with an area smaller than the minimum required to be issued with a Land Use Rights Certificate (LURC), ownership of houses, and other assets attached to the land are stipulated as follows:

- Firstly, the land parcel being used must have been formed before the effective date of the provincial People's Committee's regulation on the minimum area for land subdivision;- Secondly, the land parcel must meet all the conditions for issuing a LURC, ownership of houses, and other assets attached to the land according to legal regulations.

Therefore, it can be seen that not all cases are granted a LURC for land parcels with an area smaller than the minimum, but they must meet certain conditions.

Additionally, Clause 3, Article 29 of Decree 43/2014/ND-CP also stipulates that in the case where a land user applies to subdivide a land parcel into parcels smaller than the minimum area and simultaneously applies to merge this parcel with another adjacent parcel to form a new parcel with an area equal to or larger than the minimum area for land subdivision, subdivision and merging of the land parcels, and issuance of LURC, ownership of houses and other assets attached to the land for the new parcel are permitted.

Furthermore, as for land areas that do not meet the conditions for subdivision in Ho Chi Minh City but fall under exceptions specified in Point b, Clause 1, Article 7 of Decision 60/2017/QD-UBND, subdivision is still permitted:

Besides, regarding land areas that do not meet the conditions for subdivision in Ho Chi Minh City but fall under exceptions specified in Point b, Clause 1, Article 7 of Decision 60/2017/QD-UBND, subdivision is still permitted:

b) Organize a meeting of the Interdisciplinary Task Force to consider and resolve the subdivision of land parcels for households and individuals who are classified as poor, near-poor, or experiencing difficulties: The minimum area of the remaining parcel and the new parcel formed after subdivision must not be smaller than 25m ^2^, and the frontage width of the parcel must not be smaller than 03m for homestead land and not smaller than 300m ^2^ for agricultural land. The district, township People's Committee should review the technical infrastructure conditions of the area to resolve accordingly.

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