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1. The 2023 Land Inheritance Law
- The land inheritance law encompasses provisions in Part Four of the Civil Code 2015 and regulations on land usage rights in the Land Law 2013.
- Land inheritance essentially involves inheriting land usage rights - a transfer of such rights from the deceased to the living, either through a valid will or legal provisions.
Key Updates of the Civil Law
2. Key Components of the Land Inheritance Law
2.1. Determining Land Usage Rights as Inherited Property
Guidance on determining land usage rights as inherited property, as per Resolution 02/2004/NQ-HĐTP, states:
The suspect lacks confirmation from the competent People's Committee regarding the legality of land use, yet confirms that the land use does not violate the planning regulations, which may warrant consideration for the transfer of rights => property attached to the land as inheritance assets.
The competent People's Committee indicates that the land use is illegal, and heritage as property attached to land use rights is not permitted on the land => The court only resolves disputes over heritage as property on that land.
- Land left by the deceased without all the aforementioned documents and without heritage as property attached to the land, if disputed, falls under the jurisdiction of the People's Committee as stipulated in the 2013 Land Law.
Compared to other heritage assets, land use rights are complex assets, and determining heritage entails numerous considerations.
When are you entitled to inherit real estate? Latest updates on the legal regulations for inheriting land from parents, grandparents, and beyond.
2.2. Conditions for exercising the right to inherit real estate
The right to inherit, as explained in Article 609 of the Civil Code, encompasses the ability to make a will to determine one's assets; leave one's property to legal heirs; and enjoy inheritance according to the will or by law.
Based on Article 188 of the 2013 Land Law, land users exercise the right to inherit when they meet the following four conditions:
(1) Possess a land use rights certificate or meet the conditions for obtaining one.
(2) Land free from disputes.
(3) Land use rights not subject to encumbrance for enforcement of judgments.
(4) Within the land use term.
Moreover, land constitutes inheritance assets that must belong to the deceased's ownership - either individual property or a portion of shared property with others.
Note: Recipients of land use inheritance rights who are foreigners or Vietnamese residing abroad not eligible to purchase residential houses attached to land use rights in Vietnam are only entitled to inherit the value of land use rights within the inheritance portion.
2.3. Inheritance law for land with and without wills
In addition to determining land use rights as inheritance and the specific conditions for inheriting land, other provisions regarding land inheritance are carried out similarly to inheritance laws for conventional assets and are applied according to the regulations in the Civil Code.
* Inheritance rights with will for land
- Land users have the right to leave inheritance by will, meaning they express their intent to transfer their land use rights to others after death.
- A valid will must comply with the provisions of Article 630 of the Civil Code, essentially requiring the testator to be clear-minded and rational when making the will, not being deceived, threatened, or coerced; the content of the will must not violate the law's prohibitions or social ethics, and the form of the will must comply with legal regulations.
- The beneficiaries of inheritance according to a will can be individuals or organizations. The portion of land inheritance depends on the testator's will.
- The inheritance rights to land of certain heirs are not dependent on a will as stipulated in Article 644 of the Civil Code. These are individuals who are not entitled to inherit land or are entitled to less than 2/3 of an inheritance share:
+ Minor children, parents, spouses of the deceased land user.
+ Adult children without the ability to work of the deceased land user.
* Inheritance rights to land without a will
- In cases where there is no will or the will is invalid, inheritance of land rights is divided according to the law.
- Heirs according to the law as stipulated in Article 651 of the Civil Code share equal portions of the inheritance in the same rank, and heirs in subsequent ranks only inherit if there is no one left from the previous rank due to death, incapacity, disqualification, or refusal to accept the inheritance.
+ Rank 1: spouse, parents, adoptive parents, children, adopted children of the deceased;
+ Rank 2: grandparents, uncles, aunts, cousins of the deceased; grandchildren of the deceased whose deceased was a grandparent.
+ Rank 2: paternal grandparents, maternal grandparents of the deceased; paternal/maternal uncles, aunts, nephews, nieces of the deceased; cousins of the deceased whose deceased was a paternal/maternal uncle or aunt; great-nephews/nieces of the deceased whose deceased was a paternal/maternal grandparent.
The inheritance law for land has been effectively applied up to now, resolving many practical issues, ensuring the rights and interests of individuals and organizations in society.
Regarding inheritance, readers can also refer to the Property Inheritance Law, the Law on Citizen Reception, the Denunciation Law, etc., as introduced by Mytour.
When buying land, checking the red book or pink book is essential. This helps safeguard your rights and prevents conflicts in the future. The checking process will be detailed in the article How to Check Red Books, Pink Books, which you can refer to.
