(Yeni) – People should understand clearly in cases where land cannot be divided.
What is land division?
Plot division is the process of dividing land use rights from the person named in the red book to one or more other people.
According to current regulations, land division or land division is the process of dividing land ownership from one responsible person to one or more different subjects.
Types of land that cannot be divided into plots
Cases where land cannot be divided into plots
The land does not have enough minimum area to separate the plot
The minimum area is the area of the newly formed land plot and the remaining land plot after dividing the plot must not be smaller (including the case of combining the plot with adjacent land plots).
The first condition that must be met to separate the plot is to meet the minimum area and size conditions according to the regulations of the Provincial People’s Committee (province and centrally run city).
This condition applies to all provinces and land types. Therefore, land plots that do not meet the minimum area and size conditions will not be allowed to be divided.
The land does not have a red or pink book yet
According to Clause 15, Article 3 of the 2013 Land Law, registration of land, housing, and other assets attached to land is the declaration and recording of the legal status of land use rights and ownership rights. housing, other assets attached to land and land management rights for a plot of land in the cadastral records.
According to the provisions of Clause 9, Article 3 of the 2013 Land Law, the State recognizes land use rights as the State grants land use rights to people who are using land stably without the origin being assigned by the State. land, land lease through the issuance of a Certificate of land use rights, ownership of houses and other assets attached to land for the first time for a determined plot of land.
Thus, only when granted a Certificate of Land Use Rights will the land user have all the rights of a land user, including the general rights specified in Article 166 and rights related to transfer of rights. Land use such as conversion, transfer, lease, sublease, inheritance, donation, mortgage, capital contribution of land use rights (needs to split land plots appear).
When the original land plot has not been granted a land use right certificate, you are not eligible to split the plot to change the land use purpose.
The land is in dispute
Article 188 of the 2013 Land Law stipulates that disputed land cannot be transferred (as shown in the land dispute resolution application).
In addition, the Decision on conditions for plot separation of some provinces and cities also clearly stipulates that land that is not in dispute can be divided into plots. Therefore, disputed land will not be eligible for plot separation.
The land has expired
This condition applies to land with limited use such as agricultural land, commercial and service land…
When the land is no longer within its useful life (the land use term has expired), the land user is not allowed to exercise the rights to transfer, donate, mortgage, etc. (according to Article 188 of the Land Law).
Thus, if the land expires, it is not allowed to split the plot.
Everyone should understand
Land with use rights is being distrained
Also according to Clause 1, Article 188 of the 2013 Land Law, in case land use rights are distrained to ensure judgment enforcement, they cannot be transferred, donated, mortgaged…
In addition, according to Clause 1, Article 111 of the 2008 Law on Civil Enforcement, when distraining land use rights, the enforcer requires the judgment debtor and the person managing land use rights documents to submit the documents. that sheet to the civil judgment enforcement agency.
Therefore, there is no red book to carry out the procedures for dividing the plot.
The land is under planning
According to the provisions of Article 49 of the Land Law 2013 amended and supplemented by Clause 1, Article 6 of the Law amending and supplementing a number of Articles of 37 Laws related to planning 2018 regulations on Implementation of planning and use plans land is as follows:
– In case the land use planning has been announced but there is no district-level annual land use plan, the land user can continue to use it and exercise the rights of land users according to the provisions of the Law. law
– In case there is an annual land use plan at the district level, land users in the area who must change the land use purpose and recover land according to the plan can continue to exercise the rights of land users but Do not build new houses or buildings or plant perennial trees; If the land user needs to renovate or repair existing houses or structures, they must obtain permission from a competent state agency according to the provisions of law.
Thus, the right to separate land plots can only be exercised in cases where the land has been announced but there is no district-level annual land use plan.
When there is a need to split a plot, people go to the district Natural Resources Department to ask about the annual land use plan of the planned land area. If there is no annual land use plan, you can submit an application to split the plot. at the district land registration office where the land is located
The land has had a notice of recovery
According to Article 67 of the 2013 Land Law, before a land recovery decision is made, people will be sent a land recovery notice by the State agency, no later than 90 days for agricultural land and no later than 180 days for other land. non-agricultural land.
Notice of land recovery is sent to the person whose land is recovered. When there is a notice of land recovery, the state agency will refuse the land user’s application to separate the plot.
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