Guidance on latest redbook separation procedure

Fri, 24 Jul 2020 16:31:00  |  Print  |  Email   Share:

"How to get rid of red book" is a question sent by many readers to Dan Viet. Below is a guidance to procedures for separation of the red book for your reference.

In life, there are many cases for people to separate the red book such as parents separating the red book for their children, buying and selling real estate ...

Firstly, about the conditions to split the parcel.

In order to be separated, the land plot must meet the minimum area conditions for the parcel separation according to the regulations of each locality in order to ensure the regulations and general planning for the land fund of each locality. Therefore, to know about this information, readers can go to the local People's Committee for information.

Secondly, about the procedure for parcel separation (Dân Việt)

According to Article 75 of Decree 43/2014 / ND-CP on the order and procedures for implementing the parcel division or land parcel consolidation

1. A land user shall submit a set of dossier of request for land parcel division or consolidation.

2. The land registration office shall:

a/ Conduct cadastral surveys for land parcel division;

b/ Make dossiers and submit them to a competent agency for granting certificates of land use rights and ownership of houses and other land-attached assets to the land users with regard to newly divided or consolidated land parcels;

c/ Adjust and update the change in the cadastral records and land database; hand over the certificates of land use rights and ownership of houses and other land-attached assets to the land users concerned or send them to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

3. In case a land parcel is divided due to the transfer of the use rights on part of the land parcel or due to the settlement of a dispute, complaint, denunciation or land auction, or due to the division of the land-using household or group of land users; due to the handling of a mortgage or capital contribution contract, distraint and auction of land use rights for. enforcement of a judgment (below referred to as transfer of rights), the land registration office shall:

a/ Conduct cadastral surveys for land parcel division;

b/ Carry out the change registration procedures as prescribed by this Decree for the part of land area on which rights are transferred; at the same time certify the change in the granted certificate or submit the case to an agency competent to grant the certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the land parcel on which rights are not transferred; adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.

A dossier of application for parcel separation includes:

- Application for parcel separation (according to set form);

- Land use right certificate (original copy);

- A document on division of a parcel of land, a document on division of land use right, properties associated with common land of a household or group of land users, and joint ownership of properties associated with the land;

Number of files: 1 set.

The time limit for settlement is 20 days (Point d, Clause 2, Article 61 of Decree No. 43/2014 / ND-CP).

By: Online DanViet / Translator: HaiYen-Bizic

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