Hello, my name is Minh Hung, my family is planning to separate the plot of land for perennial crops that my grandfather left for me. However, I am not very clear about the regulations related to this, do not know what is the minimum area for separating the land plot for perennial crops, how to prepare documents or follow the procedures. How to separate the land plot. So about the mater “Minimum area of land for perennial crops under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is perennial soil?
According to Clause 1, Article 10 of the 2013 Land Law, land for perennial crops or cultivated land is a type of land belonging to the group of agricultural land. Is an area of land specialized in growing industrial crops, fruit trees, medicinal plants and other perennial plants (including the case of a mixture of many different perennial plants or a mixture of perennial and other perennial plants). annual) are grown both inside and outside the residential area, with a growth period of more than a year to be harvested. In which, nursery land is also considered as perennial agricultural land.
Minimum area of land for perennial crops under Vietnam law
Pursuant to Clause 31, Article 2 of Decree No. 01/2017/ND-CP stipulating the minimum area of a land parcel to be split: “The provincial People’s Committee shall prescribe the minimum area allowed to split the parcel for each type of land plot. land to suit the specific conditions of each locality”.
This means that, in each locality, there will be different regulations on the minimum area allowed to separate plots for each type of land. The People’s Committees of each locality will base on the conditions of land fund, economic development and construction and land use planning in each locality to make regulations on the quota of allocated land and the minimum area of plot separation.
In addition, according to Article 29 of Decree 43/2014/ND-CP guiding the implementation of the 2013 Land Law stipulating the grant of certificates of land use rights and ownership of houses and other assets attached to land. with land in case the land plot is smaller than the minimum area.
“1. The land plot in use was formed before the effective date of the provincial-level People’s Committee’s document on the minimum area to be divided, but the area of the land plot is smaller than the minimum area prescribed by law. If the People’s Committee of a province is eligible for a certificate of land use rights and ownership of houses and other land-attached assets, the current land user shall be granted a certificate of land use right and land use rights. own houses and other assets attached to land.
2. Not allowed to notarize, authenticate or issue certificates of land use rights, ownership of houses and other land-attached assets and must not carry out procedures for exercising the rights of land users to the school. the case of self-dividing the registered land parcel, which has been granted the certificate into two or more land plots, of which at least one land plot has an area smaller than the minimum area prescribed by the provincial-level People’s Committee .
3. In case the land user applies to split the land plot into a land parcel with an area smaller than the minimum area, at the same time, he/she applies for the consolidation of that land plot with another adjacent land plot to create a new land plot with an area equal to or is larger than the minimum area to be divided, it is allowed to separate the parcel at the same time with the consolidation of the parcel and issue a certificate of land use rights, ownership of houses and other land-attached assets for the new land plot.”
According to the above regulations, when the land for perennial crops is divided into a smaller area than prescribed, the land use right certificate will still be granted when the following conditions are satisfied:
+ The land plot for perennial crops in use was formed before the date on which the document stipulating the minimum land area announced and effective by the People’s Committee of that locality is issued.
+ That land plot is eligible for issuance of a certificate of land use right.
+ In case the land plot to be split has an area smaller than the minimum area, the person applying for the separation must make an application for the separation of the parcel at the same time as the application for the consolidation of that parcel of land with another adjacent land plot in order to form a new land plot.
What is the procedure to separate the land plot for perennial crops?
Dossier to prepare
When wishing to separate the land plot, the owner must complete all the procedures specified in Article 75 of Decree 43/2014/ND-CP and submit 01 application for the separation of the parcel. The dossier includes the necessary documents specified in the current form, including:
+ Application for separation of parcels
+ Certificate of land use right (original)
+ Documents on division of land parcels, documents on division of land use rights and assets attached to common land of households or groups of land users who jointly own land-attached assets.
The process of carrying out the parcel separation procedure
Step 1: The land user submits 01 set of application for division of the parcel at the land registration office.
Step 2: The land registration office after receiving the application for division of the parcel will be responsible for performing the following tasks:
– Cadastral survey to divide the land plot.
– After completing the cadastral survey and having the results, a dossier will be made and submitted to the competent authority for issuance. A dossier includes: A certificate of land use rights, ownership of houses and other land-attached assets for the land user for the newly split land parcel.
– The land registration office will correct and update changes in the cadastral records and land database. Next, the certificate of land use rights and ownership of houses and other land-attached assets will be handed over to the grantee or sent to the commune-level People’s Committee to hand over to the land user who applies for the division of the parcel.
In case the land plot is being divided due to transfer of use right or due to dispute settlement: auction, complaint, denunciation, etc. (commonly referred to as right transfer), the land registration office must carry out the procedures. : Take cadastral measurements to separate the agricultural land plot, then complete the procedures for registration of changes as prescribed in this Decree for the area of transfer of rights.
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Frequently asked questions
When the land area for perennial crops is not eligible for parcel separation according to the regulations of the People’s Committee of the province where the land is located, forms such as consolidating the land plot with another land plot or choosing the form of joint ownership.
The time to process the procedures for separation of land plots for perennial crops is not more than 20 days from the date of receipt of valid dossiers, and not more than 25 days from the date of receipt of valid dossiers for mountainous and island communes and regions. deep-lying, remote areas, areas with difficult socio-economic conditions
Pursuant to Article 188 of the 2013 Land Law and Article 29 of Decree No. 43/2014/ND-CP, to carry out the procedures for separating the land plot
Perennial plants legally, the land plot for planting such perennial plants must satisfy the following conditions:
The land plot for growing perennial crops must have a certificate of land use rights and ownership of properties attached to the land;
The land plot for perennial crops is not disputed;
The land plot for planting perennial crops is not distrained to ensure judgment enforcement;
The land plot for planting perennial crops is in the land use term;
The land plot for growing perennial crops has not been notified or decided to recover land from a competent state agency;
The land plot for planting perennial crops is not subject to the cases that cannot be divided according to the provisions of law;
In the process of using the land, the user of the land plot to plant perennial crops does not violate the provisions of the law on land.
band;
The new land plot formed by splitting the land plot for growing perennial crops must have an area equal to or larger than the minimum area permitted for plot separation according to regulations of the provincial People’s Committee of that locality.
Conclusion: So the above is Minimum area of land for perennial crops under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
