It’s Hanoi’s turn to suspend the division of plots and separate plots from agricultural land

Pause of subdivision and separation of plots from agricultural land

According to the official dispatch, in recent times, the Department of Natural Resources and Environment has received feedbacks from a number of localities, people, businesses and the mass media on the division of plots, division of land plots, leveling of land for construction. road infrastructure, violations of land law and construction order in a number of districts, towns.

Before the above information, the Department of Natural Resources and Environment proposed the People’s Committees of districts and towns to inspect, review and report on the division of plots, division of land plots, leveling of land for infrastructure construction from January 1. /2017 to the end of January 31, 2022 for land plots with an area larger than 500 m2 (including: agricultural land plots; land plots with residential land and agricultural land in the same land parcel), which have been approved by the district-level People’s Committee issue a certificate of land use right, permit the change of land use purpose.

Inspect, review and report on difficulties and problems in the process of handling administrative procedures related to the division of land plots and land parcel consolidation; at the same time, based on master plans, plans on land use, detailed urban construction planning or construction planning in rural residential areas, or planning on new rural construction already approved by competent state agencies. approval and specific conditions in the locality to propose and make specific recommendations on such contents as:

Conditions for land parcels, conditions for land parcel consolidation according to each type of land, and the minimum area and size to be divided into parcels for each type of land in the locality (Including: residential land plots, residential land plots and agricultural land in the locality). the same land plot; commercial and service land; land for non-agricultural production establishments; land for annual crops; land for perennial crops; forest land for production of aquaculture; and other agricultural land). Cases in which land parcels are not allowed to be separated. The management of land plots with an area and size smaller than the minimum. The management of the case of separation of land parcels with the formation of roads for common use on non-residential land.

The Department requested, while the Hanoi People’s Committee did not have specific regulations on the content: “Conditions for separating land plots, conditions for land parcel consolidation according to each type of land, and the minimum area and size of the parcel to be separated for each type of land. each type of land in the locality Cases in which it is not allowed to separate the land parcel public transport on non-residential land”,

The Department of Natural Resources and Environment proposes the People’s Committees of districts, towns: To suspend the receipt and handling of administrative procedures related to the division of land plots for agricultural land parcels; land parcels with residential land and agricultural land in the same land parcel; non-agricultural land is not residential land. Details of receipt and handling of administrative procedures related to the division of land parcels and consolidation of residential land parcels (the entire area of ​​the land plot is residential land) to ensure the conditions for separation and consolidation of the land plot. according to the provisions of the current land law.

In the process of handling administrative procedures related to the division of residential land parcels, the district-level People’s Committees shall base themselves on: land use planning, detailed urban construction planning or rural residential area construction planning or regulations. The new rural construction plan has been approved by a competent state agency, specified in Article 5 of the Regulations promulgated together with the Decision No. 20/2017/QD-UBND dated June 1, 2017 of the City People’s Committee ( Regulations on land allocation quotas; limits on recognition of land use rights; size and minimum residential land area allowed to separate plots for households and individuals in the area of ​​Hanoi city) for consideration and settlement. decide on procedures for separating and consolidating land parcels for land users according to regulations.

Regarding the documents, order and procedures for splitting and consolidating land plots, comply with the provisions of Article 75 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government and Clause 49, Article 2 of the Decree. No. 01/2017/ND-CP dated 06/01/2017 of the Government; Point 11 Clause 1 Article 2 Circular No. 09/2021/TT-BTNMT dated June 30, 2021 of MONRE.

In cases where agricultural land is still divided into plots and parcels

The Department of Natural Resources and Environment also requested the People’s Committees of districts, towns not to suspend the receipt and handling of administrative procedures related to the division of land plots for agricultural land parcels; land parcels with residential land and agricultural land in the same land parcel; a non-agricultural land plot that is not residential land in the following cases: Splitting the parcel because part of the land is recovered by the State. Donating the land use right to the State; voluntarily return land to the state; donate land use rights to residential communities to build works serving the common interests of the community donate land use rights to build houses of charity, gratitude houses, great solidarity houses, houses for poor households , houses for people with meritorious services to the revolution. After being divided, the land parcels must meet the same conditions as prescribed in Article 5 of the Regulations promulgated together with Decision No. 20/2017/QD-UBND dated June 1/ 2017 of the City People’s Committee;

Separation of land plots for division of land parcels according to administrative decisions of competent state agencies on settlement of land disputes, complaints and denunciations about land; decisions or judgments of the People’s Courts, judgment enforcement decisions of judgment enforcement agencies have been executed; debt settlement under mortgage or guarantee contracts;

Separation of land parcels due to transfer, lease, sub-lease, capital contribution with land use rights or ownership of land-attached assets to implement investment projects approved by competent authorities; Land parcels divided by the State for land allocation, land lease and land use purpose change according to investment projects approved and approved by competent state agencies; Cases of selling state-owned houses; division of inheritance and divorce according to the provisions of law 2.

According to the Department of Natural Resources and Environment, there are still a number of cases where agricultural land parcels and parcels are divided, such as: Splitting a parcel because the State recovers a part of the land plot Donating land use rights to the State; voluntarily return land to the state; donate land use rights to residential communities to build works serving the common interests of the community donate land use rights to build houses of charity, houses of gratitude,…

At the same time, the Department of Natural Resources and Environment requested, the Hanoi Land Registration Office directs the branches of the Land Registration Offices of districts, towns to closely coordinate with the People’s Committees of districts, towns in the implementation process. implement the above contents, until there are regulations and instructions of the Hanoi People’s Committee, the Department of Natural Resources and Environment.

Review, summarize and report on the receipt and settlement of application for registration of land change in the period from January 1, 2017 to the end of January 31, 2022 for division procedures , separate land plots for all land plots with an area larger than 500 m2 (including: agricultural land plots; land plots with residential land and agricultural land in the same land parcel) which have been granted Certificates by competent state agencies certification of land use rights, permission to change land use purpose;

Proposing and recommending solutions to the above-mentioned difficulties and problems; Send the report on the results of the implementation of the above contents to the Department of Natural Resources and Environment before March 31, 2022 for consideration and direction to handle according to regulations.

According to Loc Lien