A video encoding apparatus using a tree structure, includes: a splitter to generate a partition flag indicating whether each block, starting from a block corresponding to an uppermost layer of the tree structure, is divided into four blocks of a lower layer; and an encoder to encode, into a bitstream, the partition flag and prediction type information on a block which is not further divided in the tree structure, wherein, when a block of a first layer is divided into four blocks of a second layer which is a lower layer of the first layer, the encoder is configured to encode the partition flag for each of the four blocks of the second layer in a predetermined order.