Precedent No. 68/2023/AL on the right to receive inheritance in kind, which is a house, from heirs who are Vietnamese residing abroad

Source of Precedent:

Cassation Decision No. 06/2019/DS-GDT dated March 18, 2019 of the Council of Judges of the Supreme People's Court on civil cases of "Inheritance disputes, demanding contributions to raise, care for, and preserve houses and land, and claiming houses and land" between the plaintiff, Ms. Nguyen Tuy H, and the defendant, Ms. Ly Lan H1; People with related rights and obligations include 06 people.

Location of Precedent content:

Paragraph 5, section “Comments of the Court”.

Overview of the content of the Precedent:

- Precedent situation:

The person leaving behind the legacy of housing ownership and land use rights died before the 2013 Land Law and 2014 Housing Law took effect. Disputes over property inheritance division were resolved by the Court at the time the Land Law 2013 and Housing Law 2014 took legal effect.

- Legal solutions:

In this case, the Court applied the Land Law 2013 and the Housing Law 2014 to resolve.

In case there is an heir who is a Vietnamese residing abroad, the heir will receive the inheritance in kind, which is a house.
when eligible to receive housing according to the Housing Law 2014, and the inheritance can be divided in kind.

Legal provisions related to Precedent:

- Point d, Clause 1, Article 169; Article 186 of the Land Law 2013;

- Clause 1, point b, clause 2, Article 8 of the Housing Law 2014.

Keywords of Precedent:

“Vietnamese people residing abroad”; “Conditions for receiving housing”, “Applicable law”.

CONTENTS OF THE CASE:

I. Case requesting inheritance division:

In the petition dated August 24, 2009, September 24, 2009; supplemented on October 22, 2009 and during the proceedings, the plaintiff, Ms. Nguyen Tuy H, presented:

Her parents, Mr. Ly Vinh K and Mr. Nguyen Thi B, lived together and had one child, Mrs. Nguyen Tuy H. In 1950, Mr. K and Mr. B no longer lived together. After that, Mr. K married Mr. Nguyen Ngoc H2 and had one child together, Mrs. Ly Lan H1.

The origin of the house and land at 151B N Street, M Ward, P District, Ho Chi Minh City belongs to Mr. K and Mr. H2. Mr. K died in 1978, Mr. B died in 2000, and Mr. H2 died in 2009. Mr. K, Mr. B, and Mr. H2 died without leaving a will.

In fact, Civil Court of Appeal No. 6/DS-PT dated June 26, 1981, the Court of Appeals of the Supreme People's Court in Ho Chi Minh City has determined that the common property of Mr. K and Mr. H2 is house 151B, G Street (now N Street), M Ward, P District, Ho Chi Minh City. At the same time, Mr. H2 was given ownership of all artifacts, including the house mentioned above (an asset attached to land) and some living materials in the house, and he must return an amount of money to the heir to gain full ownership of the house. The judgment has not yet divided residential land use rights according to land title No. 1947 with an area of 500 m2 on the land with house number 151B, G Street, and the right to use residential land according to land title No. 1948 with an area of 440 m2, which is the common property of Mr. K and Mr. H2. Therefore, the above land is still the common property of Mr. K and Mr. H2.

The two land titles No. 1947 and No. 1948 issued in 1970 no longer accurately reflect the current land area. Therefore, Ms. H and Ms. H1 agreed to use the drawing of the current state of House 151B drawn up by the Court at the request of the authorities on March 11, 2011 and inspected by the People's Committee of District P as the basis to determine. Now she requests to divide the inheritance according to the law, specifically asking to divide and receive in kind the land area of 120 m2 (7m wide, adjacent to alley 151B, N street, and 17.14m long, adjacent to the land boundary of Mr. Tran Quoc H3's house, 151C, N street).

The defendant, Ms. Ly Lan H1, authorized Ms. Huynh Thi Kim L to represent her and present:

She agreed with Ms. H's above statement about the personal relationships of Mr. Ly Vinh K, Mr. Nguyen Thi B and Mr. Nguyen Ngoc H2 and the origin of the house and land located at 151B N Street, M Ward, P District, Ho Chi Minh City. Mr. K and Mr. H2 died without leaving a will. Therefore, the representative of Ms. Ly Lan H1 agreed with the request of the plaintiff, Ms. Nguyen Tuy H, to divide and receive the inheritance, which is a land area of 120 m2 (7m width adjacent to alley 151B, N Street, and 16.14 m in length, adjacent to the land boundary of Mr. Tran Quoc H3's house 151C, N Street).

2. Case demanding effort and contribution to nurturing, looking after, and preserving real estate:

According to the application dated January 29, 2010 of Mr. Nguyen Quang D, during the proceedings, Ms. Tran Thi Thu H4, an authorized representative, presented.

The origin of the land located at 151B N Street, M Ward, P District, Ho Chi Minh City belongs to Mr. Nguyen Ngoc H2, Mr. Ly Vinh K, according to land title No. 1947, area of 500 m2, adjacent to land title No. 1948, area of 440 m2. These two titles have been used by Mr. K and Mr. H2 since 1970.

Mr. H2 is the biological aunt of Mr. Nguyen Quang D. Mr. D has lived with Mr. K and Mr. H2 in the above house since 1971. Mr. H2 has one child, whose legal birth certificate is Mrs. Ly Lan H1. After Mr. K died, Ms. H1 illegally left for the United States in 1978.

Mr. H2 is the only person in the family. He is often sick and has difficulty maintaining the land and house. In case of serious illness, Mr. H2 asked Mr. D to transfer his household registration to live with him to preserve his assets. Mr. D officially transferred his household registration to Mr. H2's house on February 12, 1985. At Mr. H2's request, in 1984, Mr. D sold his house at 524/27 K Street, Ward B, District P, to move to house 151B N Street to help raise and take care of Mr. H2.
until Mr. H2 passed away in March 2009 at house number 151B mentioned above.

In 1998, Mr. H2 left for the United States to reunite. Before leaving the country, Mr. H2 authorized Mr. D to manage, use, and be responsible for taking care of the above house and land according to the Authorization Contract made at Notary Office A in Ho Chi Minh City on January 3, 1998.

At the end of 2006, Mr. H2 returned to Vietnam to temporarily stay at house 151B, N Street, M Ward, P District, for 02 years. After that, Mr. H2 wanted to stay in Vietnam to live, so Mr. D made sponsorship procedures for Mr. H2 to enter household registration. Mr. H2 was old and weak, often sick. Mr. D alone took care of, raised, and took Mr. H2 to medical examination and treatment. On March 21, 2009, Mr. H2 passed away. Mr. D alone had to take care of Mr. H2's entire funeral and cremation for the amount of 26,000,000 VND.

In June 2009, Mr. D accidentally discovered at the headquarters of the People's Committee of Ward M, District P, Document No. 324/CC7 dated April 20, 2009, of Notary Office K, Ho Chi Minh City, attached with a document declaring the inheritance with the content that the person requesting to receive the inheritance is Mrs. H1, the child of Mr. K, Mr. H2. Regarding the request to receive the inheritance, Ms. H1 did not discuss or tell Mr. D anything.

Now Mr. D requests that Ms. Ly Lan H1 give Mr. D 180 m2 of land, which is her contribution to raising, taking care of, taking care of Mr. H2's funeral, and taking care of the house and land management for nearly 30 years. Furthermore, Ms. H1 is residing in the United States, has US citizenship, and does not live or work in Vietnam, so Mr. D would like to receive all the artifacts and pay the value to Ms. H1.

In the counterclaim dated July 29, 2014 of the defendant, Ms. Ly Lan H1, and during the proceedings, Ms. Tran Ngoc Kim C, the authorized representative, presented:

Regarding the blood relationship and origin of house number 151B, N street, M ward, P district, Ho Chi Minh City, she agreed with the plaintiff's testimony.

In 2009, after Mr. H2 passed away, Mrs. H1 carried out the procedure to declare her inheritance according to Heritage Declaration Document No. 10475 certified by Notary Office K, Ho Chi Minh City, on June 16, 2009; declared registration according to notice of payment of house and land registration fees No. 1543 of District P Tax Department dated June 22, 2009. When conducting the process of claiming the estate, Mr. D also knew and had no opinion about Ms. H1's claim of the estate. At the same time, the inheritance declaration has been publicly posted at the People's Committee of Ward M, District P, and no documents of dispute or complaint related to the above house have been received.

Regarding funeral expenses for Mr. H2, Mrs. H1 paid Mr. D the amount of 10,000,000 VND, and for other expenses, Mrs. H1 has no obligation to pay Mr.H1 while using the house and land. Mr. D ran a coffee shop and made a profit from 1985 to present.

Therefore, do not agree with Mr. At the same time, request that Mr. Nguyen Quang D and his family return the above house and land to Ms. Ly Lan H1 as soon as the Court's judgment and decision take effect.

People with related rights and obligations are Ms. Nguyen Thi Huong L1, Mr. Nguyen Quang D1, and Ms. Huynh Thi Bich N, all of whom agree with Mr. Nguyen Quang D's above statement.

In the Decision to enter the case No. 345/2013/QDST-DS dated March 29, 2013 of the People's Court of Ho Chi Minh City, the People's Court of Ho Chi Minh City decided to enter the first instance civil case No. 111/2010/TLST-ST. dated March 23, 2010 of the People's Court of Ho Chi Minh City on "Claim for contribution and nurturing" between the plaintiff, Mr. Nguyen Quang D, and the defendant, Ms. Ly Lan H1 in the first instance civil case No. 16/2013/TLST-DS dated January 7, 2013 of the People's Court of Ho Chi Minh City on "Inheritance dispute" between the plaintiff, Ms. Nguyen Tuy H, and the defendant, Ms. Ly Lan H1.

In First Instance Civil Judgment No. 409/2015/DS-ST dated May 5, 2015, the People's Court of Ho Chi Minh City decided:

Accepting the request of the plaintiff, Ms. Nguyen Tuy H.

1/ Acknowledging the willingness of Ms. Nguyen Tuy H and Ms. Ly Lan H1 (with Ms. Huynh Thi Kim L as authorized representative) as follows:

1.1/ Determine the inheritance left behind by Mr. Ly Vinh K and Mr. Nguyen Ngoc H2, which is the land use right of 698.14 m2 located at 151B N Street, M Ward, P District, Ho Chi Minh City.

1.2/ The first heirs of Mr. Ly Vinh K are Mr. Nguyen Ngoc H2, Mrs. Nguyen Tuy H, and Mrs. Ly Lan H1.

1.3/ Mrs. Nguyen Tuy H was divided and received in kind a land area of 120 m2, 7m wide, frontage of alley 151B, N street, M ward, P district... according to the current status drawing prepared by Q Surveying, Mapping, Designing, Construction, Business and Services Co., Ltd. on March 11, 2011. The drawing was inspected by the People's Committee of District P on April 14, 2011.

1.4/ Ms. Nguyen Tuy H has the right to contact competent authorities to carry out procedures for dividing the land plot and register to be granted the above Land Use Rights Certificate according to the provisions of law.

2/ Accept the request of Mr. Nguyen Quang D.

2.1/ Determine that Mr. Nguyen Quang D has contributed efforts for nurturing, caring for, and taking care of the entire funeral for Mr. Nguyen Ngoc H2 and overseeing and managing the real estate located at 151B N Street, Ward M, District P, Ho Chi Minh City.

2.2/ Mr. Nguyen Quang D was divided 120 m2 of land, L-shaped, looking from the outside; the left side borders the land Mrs. Nguyen Tuy H divided, and the right side borders the main house 151B N Street, M Ward, P District according to the current status drawing prepared by Q Surveying, Mapping, Designing, Construction and Business Services Co., Ltd. on March 11, 2011, and the drawing was inspected by the People's Committee of District P on April 14, 2011, was the effort to contribute to nurturing, taking care of, and taking care of the entire funeral for Mr. Nguyen Ngoc H2 and taking care of the real estate management located at 151B N Street, Ward M, District P, Ho Chi Minh City.

2.3/ Mr. Nguyen Quang D received all artifacts for Ms. Ly Lan H1's inheritance, including the land area of 458.14 m2 and the construction portion (the remaining land status after dividing it between Ms. H and Mr. D), according to the current status drawing prepared by Q Surveying, Mapping, Designing, Construction, and Business Services Co., Ltd. on March 11, 2011, and the drawing was inspected by the People's Committee of District P on April 14, 2011, because Ms. H1 does not qualify to own the house and land in her name according to regulations.

2.4/ Mr. Nguyen Quang D is responsible for paying Ms. Ly Lan H1 the entire value of land use rights and house construction value at 151B Street N, Ward M, District P, Ho Chi Minh City. Ms. H1's inheritance is 23,476,516,675 VND (twenty-three billion, four hundred seventy-six million, five hundred sixteen thousand, six hundred seventy-five VND) within 06 months from the date the judgment takes legal effect.

In addition, the Court of First Instance also decides on court fees and the right to appeal.

On May 13, 2015, Ms. Tran Ngoc Kim C, representing the defendant, did not agree to divide Mr. D 120 m2 of land and gave Ms. H1 all the artifacts.

On May 15, 2015, Ms. Tran Thi Thu H4 represented Mr. D in an appeal for revaluation of disputed land and house assets.

On May 20, 2015, the Director of the People's Procuracy of Ho Chi Minh City protested the above civil appeal judgment according to appellate procedures for the following reasons: the first instance judgment that Mr. D received all the artifacts inherited by Mrs. H1 from Mr. K and Mr. H2 and returned the value to Mrs. H1 was wrong. Furthermore, the decision declaring Mr. D to pay Ms. H1 for her inheritance of 23,476,516,675 VND within 6 months from the date the judgment takes legal effect is incorrect.

In Civil Court of Appeal No. 71/2016/DS-PT dated April 21, 2016, the High People's Court in Ho Chi Minh City decided:

Accepting part of the protest of the Director of the People's Procuracy of Ho Chi Minh City; accepting the appeal (about valuation) of Mr. Nguyen Quang D with Ms. Tran Thi Thu H4 as the authorized representative; not accepting Ms. Ly Lan H1's appeal; amending the first instance judgment.

1/ Determine the first line of heirs of Mr. Ly Vinh K and Mr. Nguyen Ngoc H2 as Mrs. Nguyen Tuy H and Mrs. Ly Lan H1.

2/ Determine the inheritance left behind by Mr. Ly Vinh K and Mr. Nguyen Ngoc H2, which is the land use right of 698.33 m2 located at 151B N Street, M Ward, P District, Ho Chi Minh City. Particularly, Mr. H2 also left behind the value of the house at 151B, N Street, M Ward, P District, Ho Chi Minh City.

3/ Determine that Mr. Nguyen Quang D contributed to the upbringing, care, and entire funeral of Mr. Nguyen Ngoc H2 and took care of the house and land management located at 151B N Street, M Ward, District P, Ho Chi Minh City.

Judgment:

1/ Accept the request of the plaintiff, Ms. Nguyen Tuy H.

Acknowledging the willingness of Ms. Nguyen Tuy H and Ms. Ly Lan H1 (authorized representative by Ms. Huynh Thi Kim L) as follows: Ms. H was divided and received in kind a land area of 120 m2, 7m wide in front of alley 151B, N street, M ward, P district (calculated from the land boundary adjacent to house 151C, N street, M ward, P district) and length 17.14 adjacent to the land boundary of house No. 151C, N street, M ward, P district, Ho Chi Minh City, is the house of Mr. Tran Quoc H3 according to the current status drawing drawn by C Company Ltd., which was inspected by the People's Committee of District P on December 17, 2015.

Ms. Nguyen Tuy H has the right to contact competent authorities to carry out procedures for dividing the land plot and register to be granted the above land use rights certificate according to the provisions of law.

2/ Accept the request of Mr. Nguyen Quang D.

Mr. Nguyen Quang D is divided into contributions, preservation, and maintenance of assets equivalent to 120 square meters of land, L-shaped, looking from the outside, the left side borders the land Mrs. Nguyen Tuy H divided and the right side borders the main house 151B N Street, M Ward, P District (with a front horizontal edge of 2.85m on the front of alley 151B, N street, M ward, district P; a rear horizontal edge of 9.85m; The side length of 24,365m is adjacent to the main house 151B N Street, Ward M, District P and the length of the remaining side on the left looking at is 7,225m; According to the current status drawing drawn by C Company Limited and the drawing was checked by the People's Committee of District P on December 17, 2015.

3/ Mr. Nguyen Quang D received all in-kind items for Ms. Ly Lan H1's inheritance, including the land area of 458.33m2 and house construction division according to the current status drawing drawn by C Limited Company, inspected by the People's Committee of District P on December 17, 2015. Mr. Nguyen Quang D must pay Ms. Ly Lan H1 the entire value of land use rights and house construction value at 151B N Street, M Ward, P District, Ho Chi Minh City, that Mrs. H1 inherits in the amount of 15,822,085,210 VND.

In addition, the Court of Appeal also decides on court fees.

After the appeal trial, Ms. Ly Lan H1 filed a request for cassation of the above-mentioned civil appeal judgment.

In Decision No. 06/QDKNGDT-VKS-DS dated October 18, 2018, the Director of the Supreme People's Procuracy protested against the Civil Appeal Judgment No. 71/2016/DS-PT dated April 21, 2016 of the High People's Court in Ho Chi Minh City; request the Council of Judges of the Supreme People's Court to conduct a cassation trial to annul the above-mentioned civil appeal judgment and first instance civil judgment No. 409/2015/DS-ST dated May 5, 2015 of the People's Court of Ho Chi Minh City regarding claims for contributions to nurturing, looking after, and preserving houses and land; hand over the case file to the People's Court of Ho Chi Minh City for first instance resolution in accordance with the provisions of law.

“[5] ... Thus, if Ms. H1 does not have the right to issue a Land Use Rights Certificate but is entitled to transfer or be given inherited land use rights. The Court of First Instance and the Court of Appeal based on Article 186 of the 2013 Land Law to determine that Ms. H1 was not granted a certificate of land use rights and handed over all artifacts for Ms. H1's inheritance, including a house and land on an area of 485.33 m2 for Mr. On the other hand, at the time of the appeal hearing, the 2014 Housing Law was in effect. According to Clause 1 and Point b, Clause 2, Article 8 of the 2014 Housing Law, Ms. H1 is eligible to inherit a house in Vietnam. Due to changes in the law, the Court of Appeals corrected the first-instance judgment and handed over all artifacts related to the inheritance to Ms. H1.

At the cassation trial, the representative of the Supreme People's Procuracy withdrew its protest regarding the proceedings and proposed that the Council of Judges of the Supreme People's Court accept the Decision to protest cassation of the Chief Procurator of the Supreme People's Procuracy.

COURT'S OPINION:

[1 ] At the Court, the plaintiff, Ms. Nguyen Tuy H, and the defendant, Ms. Ly Lan H1, agreed to divide Ms. H 120 m2 of land out of the total 698.33 m2 of land left by Mr. Ly Vinh K and Mr. Nguyen Ngoc H2. Therefore, the Court of First Instance and the Court of Appeal recognized that the willingness of the litigants was in accordance with the provisions of law (this content, the Director of the Supreme People's Procuracy did not protest).

[2] Regarding property valuation: On February 1, 2016, the Court of Appeal revalued the house and land at 151B N Street, M Ward, P District, Ho Chi Minh City but did not notify the plaintiff and defendant, which is not in accordance with the law and contrary to the provisions of Clause 2, Article 92 of the Civil Procedure Code 2004, amended and supplemented in 2011 (now Clause 4, Article 104 of the Civil Procedure Code 2015). However, at the cassation trial, the representative of the Supreme People's Procuracy withdrew the protest and did not request the Trial Council to consider the above asset valuation. Therefore, the Cassation Trial Council did not consider it.

[3] Regarding calculating effort for Mr. Nguyen Quang D: In 1978, Mrs. Ly Lan H1 left for the United States, leaving only Mr. Nguyen Ngoc H2 living at house No. 151B, Street N, Ward M, District P, Ho Chi Minh City. According to the declaration, since 1982, Mr. D (Mr. H2's nephew) has lived with Mr. H2 at house 151B, N Street, M Ward, P District, and by 1985, Mr. D and his children had moved their household registration to live at this address. In 1998, Mr. H2 left for the United States and made a power of attorney for Mr. D to manage and use the above house (authorization contract certified by Notary Office A of Ho Chi Minh City dated January 3, 1998). In 2007, Mr. H2 returned to settle in Vietnam. Mr. D was the one who committed to sponsoring Mr. H2 to carry out repatriation procedures to Vietnam (according to Mr. D's commitment letter dated December 17, 2007, certified by the People's Committee of Ward M on December 18, 2007). At this time, Mr. H2 was old. Mrs. H1 left the country in 1978 and had no one to look after Mr. H2, so Mr. D was the one who directly took care of and raised Mr. H2 until Mr. H2 died. Mr. D is also the one who organized the entire funeral (Mrs. H1's authorized representative was also admitted).

[4] Thus, there is a basis to determine that Mr. D is the person who has worked hard to look after and preserve the above assets; At the same time, Mr. D was also instrumental in taking care of, raising, and burying Mr. H2. However, at the Court, the litigants all determined that when Mr. (Certificate of individual business registration No. 1657/HKD dated July 31, 2000). In this case, the effort to preserve assets and the amount of money for care, nurturing, and burial when Mr. H2 dies should have been clarified. At the same time, clarify income from the coffee shop business. From there, determine Mr. D's efforts accordingly. The Court of First Instance and the Court of Appeal have not clarified the above issues but divided the effort in kind of 120m2 out of a total of 698.33 m2 of land to Mr. D (corresponding to part of the inheritance like Ms. Nguyen Tuy H ) is unfounded and affects Ms. H1's rights.

[5] Regarding the transfer of artifacts that are the inheritance of Ms. Ly Lan H1 to Mr. Nguyen Quang D: According to the provisions of Clause 3, Article 186 of the Land Law 2013: “In case all inheritors of land use rights, house ownership, and other assets attached to land are foreigners or Vietnamese residing abroad and are not eligible to buy housing attached to residential land use rights in Vietnam as prescribed in Clause 1 of this Article, the inheritor will not be granted a Certificate of land use rights, ownership of houses, and other assets attached to land but may transfer or be given the inherited land use rights according to regulations." According to the provisions of Clause 4, Article 186 of the Land Law 2013: “In cases where among the heirs there are Vietnamese residing abroad who are not eligible to buy houses attached to residential land use rights in Vietnam and other people are eligible to inherit land use rights according to the provisions of land law but have not yet divided the inheritance of land use rights to each inherito, the heirs or representatives who have written authorization according to regulations submit documents on receiving inheritance at the land registration agency to update the cadastral book. After completing the inheritance division, it will issue Certificates of land use rights, ownership of houses, and other assets attached to land to people subject to being granted Certificates of land use rights, ownership of houses, and other assets attached to land. For Vietnamese people residing abroad who are not eligible to buy houses attached to residential land use rights in Vietnam, the inheritance division will be resolved according to the provisions of Clause 3 of this Article. Thus, if Ms. H1 does not have the right to issue a Certificate of Land Use Rights, but is entitled to transfer or donate inherited land use rights. The Court of First Instance and the Court of Appeal based on Article 186 of the 2013 Land Law 2013, determined that Ms. H1 was not granted a certificate of land use rights and handed over all artifacts for Ms. H1's inheritance, including a house and land on an area of 485.33 m2 for Mr. On the other hand, at the time of the appeal hearing, the Housing Law 2014 was in effect. According to Clause 1 and Point b, Clause 2, Article 8 of the Housing Law 2014, Ms. H1 is eligible to inherit a house in Vietnam. Due to changes in the law, the Court of Appeals corrected the first-instance judgment and handed over all artifacts related to the inheritance to Ms. H1.

[6] Therefore, it is necessary to accept the appeal of the Chief Procurator of the Supreme People's Procuracy to annul part of the civil judgment of appeal and part of the civil judgment of first instance above on division of effort to contribute to raising, taking care of, preserving the real estate, and handing over artifacts for first instance retrial, in accordance with the provisions of law.

For the above reasons,

DECISION:

Pursuant to Clause 2, Article 337, Clause 3, Article 343, and Article 345 of the Civil Procedure Code;

1. Accept the Decision on cassation appeal No. 06/QDKNGDT-VKS-DS dated October 18, 2018 of the Director of the Supreme People's Procuracy.

2. Cancel part of the Civil Appeal Judgment No. 71/2016/DS-PT dated April 21, 2016 of the High People's Court in Ho Chi Minh City and partially annul the First Instance Civil Judgment No. 409/2015/DS-ST dated May 5, 2015 of the People's Court of Ho Chi Minh City between the plaintiff Ms. Nguyen Tuy H and the defendant Ms. Ly Lan H1 and those with related rights and obligations regarding sharing efforts to contribute, preserve, and preserve the corresponding assets equal to 120 m2 of land for Mr. Nguyen Quang D, and Mr. Nguyen Quang D received all the artifacts of Ms. Ly Lan H1.

3. Hand over the case file to the People's Court of Ho Chi Minh City for retrial according to first-instance procedures, in accordance with the provisions of the law.

CONTENTS OF PRECEDENT

“[5] ... Thus, if Ms. H1 does not have the right to issue a Land Use Rights Certificate, but is entitled to transfer or be given inherited land use rights. The Court of First Instance and the Court of Appeal, based on Article 186 of the Land Law 2013, determined that Ms. H1 was not granted a certificate of land use rights and handed over all artifacts for Ms. H1's inheritance, including a house and land on an area of 485.33 m2 for Mr. On the other hand, at the time of the appeal hearing, the Housing Law 2014 was in effect. According to Clause 1 and Point b, Clause 2, Article 8 of the Housing Law 2014, Ms. H1 is eligible to inherit a house in Vietnam. Due to changes in the law, the Court of Appeals corrected the first-instance judgment and handed over all artifacts related to the inheritance to Ms. H1.

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