Current conditions for separating red books of land plots for children
According to the provisions of Article 188 of the 2013 Land Law, Article 29 of Decree 43/2014/ND-CP and Clause 11, Article 9 of Circular 24/2014/TT-BTNMT, parents want to separate the plot to make separate red books for their children and land. must meet the conditions below:
+ Have a certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law.
+ Land is not in dispute.
+ Land use rights are not distrained to ensure judgment enforcement.
+ During the land use term.
Instructions for preparing documents to apply for separation of red books for children
When parents want to separate the land plot for their children, they need to prepare documents including the following documents:
+ Application for plot division according to Form 11/DK.
+ Original issued Certificate of land use rights.
Steps to receive and process dossiers to separate red books of land plots from parents to children
Step 1: Submit application
+ Households and individuals submit documents to the People's Committee of the commune, ward or town where the land is located if needed.
+ In case of not submitting the application at the People's Committee of the commune, ward or town where the land is located, submit the application at the one-stop department according to the regulations of the Provincial People's Committee. Or submit the application directly at the district land registration office branch or the land use rights registration office if the locality has not yet organized a land registration office branch.
Step 2: Receive documents.
In case the dossier is incomplete or invalid, within a maximum of 3 days, the agency receiving and processing the dossier must notify the applicant and provide additional instructions. In case the applicant does not supplement the application, the application will be refused.
On the contrary, if the application is valid, the receiving agency will record all information in the receiving book and set a date to return the results.
Step 3: Resolve the request
Step 4: Return results.
Time to return results is no more than 15 working days from the date of receipt of valid documents; no more than 25 working days for mountainous communes, remote areas, islands, and areas with difficult or extremely difficult socio-economic conditions.
