Conditions for dividing agricultural land plots
According to the 2024 Land Law, agricultural land can be divided into plots when it has a red book. At the same time, the land is still valid for use, has no disputes, is not seized to ensure enforcement of judgments, and is not subject to temporary emergency measures. When dividing or merging a plot of land, it must ensure a path, meeting the minimum area according to local regulations.
Steps to carry out procedures for separating agricultural land plots
Step 1: Prepare documents to request separation of agricultural land plots
The dossier for requesting to separate agricultural land plots according to the provisions of Article 7 of Decree 101/2024/ND-CP includes the following documents: Application for agricultural land division, drawings for land division according to the form of the Land Registration Office, original red book or notarized copy...
Step 2: Receive the application for land division
Land users submit the land division dossier at the One-stop Department; Land Registration Office or Branch of the land registration office where the land is located.
Step 3: The competent authority checks the dossier.
After receiving the application, the dossier will be checked by the competent authority on the conditions for land division, information about the land user, boundary, area... If the conditions are not met, the agency will return it within 3 working days and state the reason.
In case the red book lacks a diagram or does not have enough side size, the competent authority will notify people to supplement the procedures for registering land changes.
Step 4: Return the result.
In case the land user is not changed, the land records will be edited, updated and issued red books by the competent authority for the new plot.
If the land user changes, the people must complete the procedures to register changes in land and assets attached to the land.
Minimum area to be divided into agricultural land plots
The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee. In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time.
Cost of separating new agricultural land plots
When implementing the separation of agricultural land plots, people must pay a number of fees and charges according to regulations. Depending on each case, the cost will be different.
In case of only separating agricultural land plots, people must pay the survey fee and the red book issuance fee. In case of separating plots at the same time as the donation and transfer procedures, in addition to the above fees, people must also pay additional registration fees and file appraisal fees.
In which, the registration fee is calculated in each specific case. If the land price in the transfer or donation contract is higher than the land price list prescribed by the People's Committee of the province or city: Registration fee = 0.5% x (P price in the contract x area).
If the land price in the contract is lower than or equal to the land price list, the registration fee = 0.5% x (P price 1m2 x land price according to the price list).
