Can agricultural land be divided into plots?
Youme Law Firm LLC replied: Clause 4, Article 10 of Decree No. 123/2024 of the Government regulating administrative sanctions in the field of land stipulates remedial measures for the act of using agricultural land other than rice-growing land, not forestry land to non-agricultural land without permission from a competent State agency.
It clearly stated: The remedial measure is to force the original situation of the land before the violation, except for the case specified in Clause 3, Article 139 of the Land Law;
Forced to submit illegal benefits due to violations.
Clause 3, Article 139 of the 2024 Land Law stipulates that the land use for the wrong purpose has been allocated land by the State, leasing land, recognizing land use rights, the handling is as follows:
In case a person is using a stable land, in accordance with the district -level land use planning or general planning, or subdivision planning, or construction planning or rural planning, it is considered for granting land use right certificates, ownership of properties attached to land and must fulfill financial obligations in accordance with law.
In case not under the provisions of Point a of this Clause, the land use person is temporarily used until the State recovers land, but must keep the status quo of land use and must declare the land registration as prescribed.
Based on the above provisions, remedial measures for the case of agricultural land use but not permitted by the competent state agency before July 1, 2014, the remedial remedial measures to restore the original situation of the land, but must apply the measure of illegal benefits obtained due to violations.
As for the case of violations after July 1, 2014, the remedial measures must be applied forced to restore the original situation of the land and forced to submit illegal benefits obtained by committing violations.
Agricultural land parcel process
The process of separating agricultural land plots is implemented in accordance with Article 7 of Decree 101/2024 as follows:
Step 1: Prepare records
The composition of the application when carrying out the procedure for separating the land parcel includes the following documents:
Application for parcel separation
The drawing of land parcel separation is implemented by the Land Registration Office, the Branch of the Land Registration Office or the measurement unit with a license for measurement, establishing a cadastral map;
The certificate issued or a copy of the issued certificate attached to the original for comparison or notarized and authenticated copy;
Documents of competent authorities showing the content of land division (if any).
Step 2: Receive and process documents
People who need to submit their application to one of the following agencies:
Land registration office;
Branch of the land registration office;
After that, this agency will check the dossier and compare to determine the conditions for land parcel separation; Information about land user, boundaries, area and type of land of land plots on archives and records submitted by land users and implemented as follows:
The dossier is not eligible for parcel separation: In 3 working days from the date of receiving the complete application, the application will be returned and clearly notify the reason.
The dossier is eligible to separate the parcel, but the red book does not have a land parcel diagram, or there is a lack of sizes or areas, the size of the edges is not consistent: in 3 working days from the date of receiving the complete dossier will return the dossier and clearly notify the reason for the registration of land changes.
Documents not falling under the above two cases: Within 5 working days from the date of receipt of a complete dossier - the conditions for land division will be confirmed, with land information on the application for land division and the drawings for land division.
This is to complete the procedures for registration and issuance of red books for land plots after division, except in cases where the drawing of land division or consolidation is carried out by the land registration office or branch of the land registration office.
After completing the land division procedures, information about the land plots after division will be established and edited on the cadastral map if the land user registers changes and is granted a red book after division.
