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Conditions and documents for parcel separation

04/03/2022

In order to carry out the procedure for splitting the parcel, first of all, the land plot must be large enough to meet the minimum area. Because this is a fairly simple procedure, people can do it themselves when they know the procedure for separating the parcels of land.


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Conditions for parcel separation

Pursuant to Clause 1, Article 188 of the 2013 Land Law, Article 29 of Decree 43/2014/ND-CP and Clause 1, Article 2 of Circular 09/2021/TT-BTNMT, in order to be divided into parcels upon transfer or donation, there must be enough the following conditions:

(1) Have a Certificate.

(2) The land is not disputed.

(3) The land use right is not distrained to secure judgment enforcement.

(4) Land is still in use.

(5) The land plot meets the requirements for the minimum area and dimension as prescribed by the People's Committees of the provinces and cities.

Note: For some provinces and cities, the conditions for the separation of plots are not required to have a Red Book, a Pink Book (only the conditions for the issue of Red Book and Pink Book are required). That is, even if the land plot has not been issued with a Red Book or Pink Book is still allowed to separate the parcel if all conditions are met. For example, Bac Kan province.

Dossier to prepare for parcel separation

* Number of records: 01 set.

* Profile:

Clause 11 Article 9 of Circular 24/2014/TT-BTNMT is amended and supplemented by Clause 1, Article 2 of Circular 09/2021/TT-BTNMT stipulating the composition of documents submitted when carrying out procedures for land parcel separation, including: the following documents:

- An application for division of a parcel of land, made according to Form No. 11/DK (people can download the form here or request an application form at the commune, ward, town cadastral).

- The original of the issued Certificate (Red Book, Pink Book).

Submit application directly to the People's Committee of the commune, ward or township where the land is located if the household or individual has demand.