Currently, many individuals need to split their Red Book for various purposes such as buying, selling, or transferring land use rights. Understanding the procedures for splitting Red Book is essential to save time and effort when needed. So, what documents are required for the Red Book splitting procedure? And how long does it take to complete the process? In the following article, Viet My accounting will provide you with accurate and detailed information on this matter for your reference.

1. Understanding the Concept of Splitting Red Book

Red book separation (land parcel division) refers to the process of dividing an existing land plot with a red book into smaller parcels. However, it must comply with the regulations of the Land Law regarding the minimum area required for land separation (according to Clause 2, Article 64 of Decree 43/2014/ND-CP). This means that the area of the newly formed land plot and the remaining land plot after the separation must not be smaller than the legally required minimum area. Note that the minimum area does not include zones such as building lines or safety corridors, if any.

In exceptional cases, if the area of the land after separation is smaller than the minimum required, but the land user requests to combine it with an adjacent plot to form a new land parcel with an area equal to or greater than the minimum required, the land separation and red book issuance will still be allowed.

2. Conditions for Splitting the Red Book in 2024

According to Clause 1, Article 188 of the 2013 Land Law, Article 29 of Decree 43/2014/ND-CP, and Clause 11, Article 9 of Circular 24/2014/TT-BTNMT, the procedures for splitting the red book to gift land must meet the following conditions:

• The land must meet the minimum area requirements for land division.
• A certificate of land use rights must be available.
• The land must not be under dispute.
• The land use rights must not be seized to secure the enforcement of a court judgment.
• The land must be within the valid land use period.

When carrying out the procedures for splitting the red book, you need to pay attention to the conditions specified above to determine whether your land can be divided before proceeding with the land splitting procedure.

3. Documents Required for the Procedures for Splitting the Red Book

The documents you need to prepare for land splitting include:

• A request form for land division (Form No. 11/DK) as stipulated by Circular 24/2014/TT-BTNMT;
• The original land use rights certificate, including property ownership rights attached to the land;
• Documents that show the conversion of agricultural land use rights approved by the local district or municipal People’s Committee;
• If there is a land consolidation plan, there must be a report on the land handover;
• National ID card or citizen ID card along with the household registration book of the landowner after the land division.

4. What is the Procedure for Splitting the Red Book in 2024?

Step 1: Submit Documents

The land user submits one complete set of documents, including the required paperwork mentioned above, to the relevant authority for processing.

Step 2: Land Registration Office Receives and Processes the Documents

The Land Registration Office is responsible for the following tasks for the citizens:

• Conducting land measurement to divide the land parcel;
• Preparing the file for submission to the competent authority to issue a Certificate of Land Use Rights, Ownership of Residential Properties, and Other Assets Attached to the Land for the newly divided or merged land parcels;
• Revising and updating changes in the land registration records and land database; issuing the land use rights certificate or forwarding it to the local People’s Committee for distribution if the documents are submitted at the local level.

In cases where land division is due to a transfer of part of the land parcel, dispute resolution, land auction, household or group land division, or the handling of mortgage contracts, capital contribution, or asset seizure for auction under enforcement of a court judgment (hereafter referred to as the transfer of rights), the Land Registration Office will carry out the following:

• Measuring the land to divide the parcel;
• Registering land changes according to the regulations in this decree for the transferred area, and confirming the changes on the existing Certificate or requesting the competent authority to issue a new certificate for the remaining area of the land that is not transferred; revising and updating the land registration records and land database; issuing the land use rights certificate to the land user or forwarding it to the local People’s Committee for distribution if the documents are submitted at the local level.

If the land division is due to the State’s land expropriation of part of the land parcel, the Ministry of Natural Resources and Environment must instruct the Land Registration Office to follow the expropriation decision made by the competent authority and complete the following:

• Measuring and revising the land cadastral map, land registration records, and land database;
• Confirming the changes on the previously issued certificate and delivering it to the land user or sending it to the local People’s Committee for distribution if the documents are submitted at the local level.

5. What Are the Costs for Land Splitting and How Are They Calculated?

When citizens perform the procedures for land splitting, the costs involved can vary depending on the specific circumstances. However, there are several typical costs involved, including:

First, Registration Fee
The registration fee is calculated using the formula:
Registration Fee = Land Area x Land Price x Fee Rate

• According to Article 7 of Decree 140/2016/ND-CP, the registration fee for real estate is 0.5% of the property value.
• The land price is based on the land value set by the local provincial People’s Committee.

Second, Surveying and Cadastral Mapping Fee
Surveying and cadastral mapping fees are charges for businesses, individuals, or households who are allocated or leased land by the competent state authorities or who are permitted to change the land’s use purpose. This fee helps cover the costs of surveying and creating cadastral maps in areas without predefined maps or coordinates.

• The fee is determined based on the required work steps, including surveying and cadastral mapping, and depends on the location and size of the land allocated, leased, or approved for land-use change, as well as the project’s scale.

Third, Personal Income Tax
According to the Personal Income Tax Law, the tax rate on real estate transactions is:

• A 2% tax rate on the transfer price or rental price.

Additionally, depending on the specific case, it may be possible to waive the registration fee or exempt the personal income tax.

6. Key Considerations When Carrying Out the Procedures for Splitting the Red Book

Article 143 and Article 144 of the 2013 Land Law regulate residential land in rural and urban areas, and it is important to pay attention to the following details before carrying out the procedures for splitting the Red Book:

• Rural Residential Land: Land used by households or individuals in rural areas, including land for constructing homes, life-supporting facilities, gardens, and ponds within the same land plot in a rural residential area, must align with the approved land use planning and rural settlement construction planning by the competent authorities.

According to Clause 2, Article 61 of Decree 43/2014/ND-CP, the procedure for splitting land must be completed within 20 days from the receipt of valid documents.

• Land Allocation in Rural Areas: Based on local land resources and approved rural development planning, the provincial People’s Committee determines the land allocation limits for each household or individual for residential purposes in rural areas, as well as the minimum area for land division that is suitable for local conditions and customs.
• Urban Residential Land: Land for constructing houses, life-supporting facilities, gardens, and ponds within the same plot in an urban residential area must comply with the approved urban land use and construction planning by the competent authorities.
• Urban residential land must be arranged in a way that aligns with land designated for public infrastructure, public facilities, and other projects to ensure environmental hygiene and a modern urban landscape.

Therefore, it is important to consider the types of land in different areas when carrying out the procedures for splitting the Red Book.

We have provided comprehensive information regarding the “Procedures for Splitting the Red Book.” If you have any questions or need legal assistance, our experienced lawyers are here to offer expert advice and support. Contact “Viet My Law and Accounting” immediately for 100% free consultation

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