Is a land use authorization considered a will in Vietnam?

Pursuant to Point dd Clause 3 Article 140 of the Civil Code 2015, the authorized representation is terminated in the following cases:

- The represented person or the representative, if an individual, dies; the represented person or the representative, if a legal entity, ceases to exist.

Therefore, when your father passed away, the power of attorney became invalid. Your brother must cease the land use according to the signed power of attorney.

Regarding the issue of whether this power of attorney can be considered a will, we would like to clarify as follows:

According to Article 624 of the Civil Code 2015:

- A will is an expression of an individual's intent to transfer their assets to another person after death.

A valid will must meet the conditions stipulated in Clause 1 Article 630 of the Civil Code 2015 as follows:

- The testator must be lucid and clear-minded while making the will; not deceived, threatened, or coerced;

- The content of the will must not violate the law, social ethics; the form of the will must not contravene legal requirements.

In your case, your father only made a power of attorney for your brother to use the land, without any specific content about transferring the land use right to your brother after his passing. Moreover, this power of attorney has already become invalid, and the authorized work has been terminated. Therefore, it cannot be considered a will for land use.

These are our answers to your question.

Best regards!