Conditions for land division
Separating a part of a land plot must meet the following conditions (according to Article 220 of the 2024 Land Law):
+ The land plot has been granted one of the following types of certificates: Certificate of land use rights, Certificate of house ownership and land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights, ownership of assets attached to land.
+ Land plot is still within land use term.
+ The land is not in dispute, not seized to ensure execution of judgment, and not subject to temporary emergency measures by competent state agencies.
In case of disputed land but the disputed area and boundary can be determined, the remaining undisputed area and boundary of that land plot is allowed to be divided or merged.
+ The division or consolidation of land plots must ensure that there is a path; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner. In case the land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a path, when implementing the division or consolidation of land plots, it is not necessary to change the land use purpose for the land area to make that path.
In addition, the land plots after separation 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 separated land plot is smaller than the minimum area allowed for separation, the land plot must be merged with the adjacent land plot at the same time.
In case of changing the purpose of use of a part of a land plot, the plot must be divided, the minimum area of the land plot after division must be equal to or larger than the minimum area of the land type after changing the purpose of use. For land plots with residential land and other land, it is not mandatory to divide the plot when changing the purpose of use of a part of the land plot, except in cases where the land user has a need to divide the plot;
In case of division of land use rights according to a court judgment or decision, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be performed.
Application for dividing a part of land for children
Application for separation of a part of land plot includes the following documents:
+ Application for land division and land consolidation according to Form No. 01/DK.
+ Drawings of land division and land consolidation are made according to Form No. 02/DK
+ Original red book or issued copy with original for comparison or submit notarized, certified copy.
+ Documents of competent authorities showing the content of land division and land consolidation (if any).
Procedure for transferring land title after separation to children
After dividing the land plot for the area to be transferred or donated, the name change procedure includes the following steps:
Step 1: Prepare and notarize the transfer or donation contract.
The donor or transferor notarizes the contract at the notary office.
Step 2: Declare personal income tax and registration fee.
Step 3: Register changes at the land registration office.
