Which cases are not entitled to inherit land use rights in Vietnam? Which cases are not entitled to inherit land use rights in Vietnam? What are the conditions to inherit land use rights in Vietnam?

Which cases are not entitled to inherit land use rights in Vietnam?

According to Article 621 of the Civil Code 2015, which stipulates persons not entitled to inherit in Vietnam:

Article 621. Persons not entitled to inherit

1. The following individuals are not entitled to inherit:

a) A person convicted of intentionally infringing upon the life, health, or seriously mistreating or tormenting the asset bequeather, seriously infringing upon the honor and dignity of that person;

b) A person who seriously violates the obligation to support the asset bequeather;

c) A person convicted of intentionally infringing upon the life of another heir to gain a part or the entire inheritance that the heir is entitled to;

[...]

According to the above regulation, the following cases are not eligible to inherit land use rights in Vietnam:

- A person convicted of intentionally infringing upon the life, health, or seriously mistreating or tormenting the asset bequeather, seriously infringing upon the honor and dignity of that person

- A person who seriously violates the obligation to support the asset bequeather

- A person convicted of intentionally infringing upon the life of another heir to gain a part or the entire inheritance that the heir is entitled to

- A person who has engaged in deceit, coercion, or prevented the bequeather from making a will; falsifying, amending, destroying, concealing a will to gain a part or the entire inheritance contrary to the wishes of the bequeather

However, the aforementioned individuals may still inherit land use rights if the asset bequeather was aware of their actions but still allowed them to inherit the assets by will.

Which cases are not entitled to inherit land use rights in Vietnam? What are the conditions to inherit land use rights in Vietnam? (Image from the Internet)

What conditions must a land user meet to exercise the right to inherit land use rights in Vietnam?

According to Article 45 of the Land Law 2024 regulating the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights; receive transfer, receive donation of land use rights:

Article 45. Conditions for exercise of rights to exchange, convey, lease, sublease, inherit, donate LURs; mortgage LURs and contribute LURs as capital; receive LURs through conveyance or donation

1. Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when the following conditions are met:

a) Have a land use right certificate or house and homestead land use right certificate or land use rights, house ownership, and other assets attached to land certificate or land use rights and ownership of assets attached to land certificate, except for inheritance of land use rights, changing agricultural land plots during consolidation and exchange, donating land use rights to the State, community, and cases stipulated in Clause 7 Article 124 and Point a Clause 4 Article 127 of this Law;

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Thus, a land user can exercise the right to inherit land use rights in Vietnam when meeting the following conditions:

[1] The land is not in dispute, or the dispute has been resolved by a competent state agency, court judgment, or arbitration decision that has legal effect

[2] The land use right is not subject to distraint, other enforcement measures for judgment execution according to the provisions of civil judgment enforcement law

[3] Within the land use term

[4] The land use right is not subject to provisional urgent measures under the law

Who is eligible to inherit land use rights in Vietnam?

According to Article 28 of the Land Law 2024 stipulating the recipient of land use rights:

Article 28. Recipients of land use rights

1. Recipients of land use rights are stipulated as follows:

a) Individuals receiving land use right conversion as prescribed at Point b Clause 1 Article 37 of this Law;

b) Economic organizations and individuals receiving land use right transfers;

c) Foreign-invested economic organizations, overseas Vietnamese allowed to enter Vietnam receiving land use right transfers in industrial zones, clusters, high-tech zones;

d) Foreign-invested economic organizations receiving capital transfer valued in land use rights according to the Government of Vietnam;

dd) Economic organizations, foreign-invested economic organizations receiving capital contributions in the form of land use rights;

e) Domestic organizations, individuals, communities receiving land use right donation according to this Law;

g) Domestic organizations, individuals, communities receiving inheritance of land use rights;

h) Overseas Vietnamese allowed to enter Vietnam acquiring, leasing property attached to homestead land use rights, receiving homestead land use rights in housing development projects; inheriting homestead land use rights and other types of land in the same parcel with housing according to civil law; receiving housing donation attached to homestead land use rights from those within the inheritance line according to civil law;

[...]

Therefore, domestic organizations, individuals, and communities are eligible to inherit land use rights.

Overseas Vietnamese allowed to enter Vietnam are eligible to inherit homestead land use rights and other types of land in the same parcel with housing according to civil law provisions.