Responding to the above content, Lawyer Tran Tuan Anh - Director of Bright Legal Company said that first of all, people need to determine whether they are qualified to separate agricultural land plots or not.
Accordingly, the Land Law and other relevant legal documents allow people to separate agricultural land plots for use for the purpose of buying, selling, donating, ... when meeting the prescribed conditions.
Article 220 of the 2024 Land Law stipulates the division of agricultural land plots as follows:
- Land plot has been granted a Certificate
- Land plot is still within land use term;
- The land is not in dispute, not seized to ensure enforcement of judgments, and is not subject to temporary emergency measures.
- The separation and consolidation of land plots must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner.
For non-compliance when dividing agricultural land plots, it is regulated as follows:
- In case of only implementing agricultural land division, people pay the survey fee and the fee for making a Land Use Rights Certificate.
- In case of land division combined with donation and transfer procedures at the same time, people will pay additional fees and charges such as registration fees and file appraisal fees.
These costs are as follows:
+ Plot measurement fee: Usually ranges from 1.8 - 2.5 million VND.
+ Registration fee
Pursuant to Decree 10/2022/ND-CP and Point a, Clause 3, Article 3 of Circular 13/2022/TT-BTC:
- Land prices in transfer or donation contracts are higher than the land price in the land price list prescribed by the People's Committees of provinces and cities:
Registration fee = 0.5% x (Conds at x m2)
- In case the land price in the donation or transfer contract is lower or equal to the land price in the land price list prescribed by the People's Committees of provinces and cities:
Registration fee = 0.5% x (Priced 1m2 x Land price in the land price list).
+ file appraisal fee: regulated by the People's Councils of provinces and cities, the collection rate is different.
+ Certificate issuance fee: regulated by the People's Councils of provinces and cities (usually less than 100,000 VND).
