Can a house without a certificate of land use rights be inherited according to a will in Vietnam?

Can a house without a certificate of land use rights be inherited according to a will in Vietnam?

Clause 2, Article 118 of the Law on Housing 2014 stipulates the following transactions in housing are not required the Certificate:

a) Transactions in off-the-plan housing sale or mortgage;

b) Transactions in house of gratitude gifting;

c) Transactions in state-owned housing sale or lease purchase; social housing or non-state-owned housing serving the relocation sale or lease purchase; housing sale prescribed in Clause 4 Article 62 in this Law;

d) Transactions in housing lease, lending, permission for stay, management authorization;

dd) Transactions in housing inheritance;

e) Transactions in transfer of agreement on commercial housing which is under residential construction projects including the case in which the house is received from the investor but the application for the Certificate of that house has not sent to the competent agency.

Any documentary evidence on requirements pertaining to the house to be entered into the transaction as prescribed in this Clause shall comply with regulations of the Government.

According to current regulations in Vietnam, the case of receiving house inheritance will not be required to have a certificate of land use right (red book).

If my house is in dispute, can I mortgage it to the bank in Vietnam?

In Clause 1, Article 118 of the Law on Housing 2014, requirements applied to houses entered into transactions are as follows:

1. Any house regarding transactions in housing sale, lease purchase, gifting, mortgage, or capital contribution shall meet the requirements below:

a) There is the Certificate as prescribed, except for cases prescribed in Clause 2 of this Article;

b) There is no dispute, complaint, or proceedings for homeownership; the term of homeownership has not expired if the house is under a term contract on housing;

c) The house is not distrained;

d) There is no decision on land revocation, notification of housing clearance or demolishment issued by the competent agency.

The requirements prescribed in Point b and c of this Clause shall not apply to transactions in off-the-plan housing sale or lease purchase.

Thus, according to current regulations in Vietnam, the house in dispute will not be mortgaged to the bank.

Best Regards!