Vietnam: If the heir doesn't have a certificate of land use rights, can he/she exercise the right to inherit?
- What are the conditions for the exercise of the rights to inherit land use rights in Vietnam?
- If the heir doesn't have a certificate of land use rights, can he/she exercise the right to inherit?
- Do I have to submit a certificate of land use right when making land registration for the land inherited from 2013?
What are the conditions for the exercise of the rights to inherit land use rights in Vietnam?
Pursuant to Article 188 of the 2013 Land Law of Vietnam stipulating the conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital as follows:
Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:
a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b/ The land is dispute-free;
c/ The land use rights are not distrained to secure judgment enforcement;
d/ Within the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.
Thus, the conditions for the exercise of the rights to inherit land use rights are as follows:
- Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
- The land is dispute-free;
- The land use rights are not distrained to secure judgment enforcement;
- Within the land use term.
Vietnam: If the heir doesn't have a certificate of land use rights, can he/she exercise the right to inherit?
If the heir doesn't have a certificate of land use rights, can he/she exercise the right to inherit?
Pursuant to Clause 1, Article 168 of the 2013 Land Law of Vietnam stipulating the time to exercise the rights of land users as follows:
Time to exercise the rights of land users
1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.
A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.
2. The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of this Law.
Thus, the heir is only entitled to inherit the land use right when the person leaving the estate has a certificate of land use right, ownership of houses and other land-attached assets or to be eligible for a certificate of land use rights.
Do I have to submit a certificate of land use right when making land registration for the land inherited from 2013?
Pursuant to Clause 1, Article 82 of Decree No. 43/2014/ND-CP (amended by Clause 54, Article 2 of Decree No. 01/2017/ND-CP) stipulating procedures for registration and grant of certificates of land use rights as follows:
Procedures for registration and grant of certificates of land use rights and ownership of houses and other land-attached assets in case land use rights have been transferred but the procedures for transfer of such rights have not yet been carried out
1. A user of a land parcel that has not been certified, if using such land parcel under a following circumstance but not in an event defined in Section 2 of this Article, shall apply for land registration and for initial certification of land use right with or without ownership of house and properties attached to land as per the Land Law and this Decree without undergoing the procedure for transfer of land use right. In addition, the agency taking in the application cannot request the transferee of land use right to submit the contract and documents on land use right transfer as per the laws:
a) The land parcel was acquired through transfer or donation of land use right before 01st January 2008;
b) The land parcel was acquired through transfer or donation of land use right from 01st January 2008 to a date before 01st July 2014 and the documents on land use right pursuant to Article 100 of the Land Law and Article 18 of this Decree is are available;
c) The land parcel was acquired through inheritance of land use right before 01st July 2014.
…
Thus, in case the land in use is inherited before July 1, 2014, there is no need to submit a certificate of land use rights in Vietnam.
LawNet