According to Lao Dong reporter's research, people who want to separate a plot of land to transfer or donate to their children must meet the conditions according to Clause 1, Article 45 and Clause 1, Clause 2, Article 220 of the 2024 Land Law as follows:
Have a land use right certificate (red book, pink book).
The land is still within the term of use.
The land is not in dispute, not subject to seizure to ensure enforcement of judgments, and is not subject to temporary emergency measures.
If there is a dispute, only the area and boundary that is not in dispute is allowed to be divided.
The division of the plot must ensure a path, connection to public transport routes, meeting the requirements of water supply, drainage and other necessary needs in a reasonable manner.
Meet the conditions on minimum area and size allowed for land division according to the regulations of the Provincial People's Committee.
Regarding the application for land division for children:
People who need to separate a plot of land for their children prepare a set of documents including:
The application for land division under Form No. 01/DK is issued with Decree 101/2024/ND-CP.
drawings of land division according to Form No. 02/DK issued with Decree 101/2024/ND-CP, by the Land Registration Office (LDO), VDPKDD Branch or the measuring unit with a License on measurement activities, establishing cadastral maps.
Land use right certificate (original for comparison or notarized, certified copy).
Documents of competent authorities showing the content of land division (if any).
Cost of making a red book for children:
Measurement fee: Depending on each locality.
Notary fee for transfer/grant contract: Calculated according to the value of land use rights.
Personal income tax: Exempt from tax if it is a gift between parents and children, according to Clause 1, Article 3 of Circular 111/2013/TT-BTC.
Registration fee: Free if it is a gift, must be paid if it is a transfer.
file appraisal fee: Fees vary depending on each province and city.
