1. What are the current conditions for dividing agricultural land plots?
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.
Pursuant to Article 220 of the 2024 Land Law, the conditions for dividing agricultural land plots are as follows:
- The 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.
In addition to the above conditions, when dividing a plot for agricultural land, it is necessary to meet the conditions that the plots of land after division must ensure a minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
2. Cost of dividing agricultural land plots
- 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, people will pay additional fees and charges such as: Registration fee, file appraisal fee.
- Specifically these expenses 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, it is stipulated that:
- 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 (Pricate 01m2 x Land price in the land price list)
- Document appraisal fee: Document appraisal fee is regulated by the People's Councils of provinces and cities, so the collection rate is different.
- Certificate issuance fee: regulated by the People's Councils of provinces and cities (usually less than 100,000 VND).
