Is it permitted to inherit land without a Certificate of Land Use Rights in Vietnam?

Is it permitted to inherit land without a Certificate of Land Use Rights in Vietnam? (Internet image)

Is it permitted to inherit land without a Certificate of Land Use Rights in Vietnam?

According to Article 612 of the Civil Code 2015, an inheritance includes the deceased's separate property and their share in any joint property with others.

The determination of land use rights as inheritance is guided by Section II of Resolution 02/2004/NQ-HDTP as follows:

(i) In cases where the deceased left land with documents proving land use rights, such use rights constitute inheritance, irrespective of when the inheritance becomes effective.

(ii) In cases where the deceased left land use rights without a land use right certificate or other related documents, but there is inheritance in the form of residential or architectural structures attached to that land, and there is a request to divide the inheritance, distinctions are made as follows:

+ If the party has a document from the competent People's Committee confirming legal land use, though the land use right certificate has not been issued (conditions for issuance exist), the court will handle requests to divide inheritance as property attached to the land and the land use rights.

+ If the party lacks such a document but has one from the competent People's Committee indicating non-violation of land use planning and possibility of land use rights being allocated, the court will handle requests to divide inheritance as property attached to the land.

+ If the competent People's Committee has a document indicating unlawful land use and the inheritance as property cannot exist on that land, the court addresses disputes over the inheritance as property on the land.

Simultaneously, under Clause 1, Article 45 of the Land Law 2024, land users may exercise inheritance rights without needing a land use right certificate if the following conditions are met:

- The land is not under dispute, or any disputes have been resolved by the competent state agency, or there is a legally effective judgment or decision from a court or arbitration tribunal;

- The land use rights are not subject to distraint or other measures to secure judgment enforcement;

- The land use period is still valid;

- The land use rights are not subjected to emergency measures as prescribed by law.

It is evident that according to the Land Law 2024, a land use right certificate is not mandatory for inheritance.

Thus, for land lacking a land use right certificate, if the land use right is determined as inheritance (legitimate land use right), it can still be divided according to law.

What conditions must an individual in Vietnam meet to inherit land?

To inherit land, an individual must satisfy the conditions of Article 613 of the Civil Code 2015:

Accordingly, the heir must meet the following conditions:

- Must be alive upon the opening of the inheritance;

If born after the opening of the inheritance, the individual must be conceived before the deceased’s passing and be born alive.

- Must not fall into the categories barred from inheritance rights under Article 621 of the Civil Code 2015, including:

+ Conviction for intentionally infringing upon the life, health, or severe mistreatment, torture of the deceased, or grievously violating their honor or dignity;

+ Seriously violating duties to support the deceased;

+ Conviction for intentionally infringing on the life of another heir to enjoy part or all of the inheritance the heir is entitled to;

+ Engaging in deceit, coercion, or preventing the deceased from making a will; forging, modifying, destroying, or concealing a will to exploit a portion or the entire inheritance contrary to the will of the deceased.

(Except in cases where the deceased was aware of these acts but still allowed the individuals to inherit under a will.)

- Must not be disqualified from inheritance by the deceased, except for those inheriting independent of the will's content as stipulated in Clause 1, Article 644 of the Civil Code 2015.

How to divide an inheritance for a house built on land without a land use right certificate in Vietnam?

According to Subsection 1, Section II of Resolution 02/2004/NQ-HDTP, if a deceased left land use rights without documents certifying land use but left inheritances such as residential houses, other architectural structures (such as kitchens, bathrooms, water wells, garages, religious buildings, fences, or structures used for production, businesses like factories, warehouses, irrigation systems, livestock pens, or structures on land allotted for forestation, agriculture, or other types), and there is a request to divide the inheritance, the following distinctions should be made:

(1) If the party has a document from the competent People's Committee confirming legal land use but has not yet been issued a land use right certificate, the court will handle requests to divide the inheritance as property attached to the land use right and those rights.

(2) If the party lacks the competent People's Committee's document confirming legitimate land use but has a document indicating that the land use does not violate planning and may be considered for allocation of land use rights, the court will handle requests to divide the inheritance as property attached to the land use right. Moreover, boundaries must be established, and temporary land use rights granted to the party until the People's Committee completes procedures for official allocation and certification of land use rights as per the land law regulations.

(3) If the competent People's Committee provides a document indicating unlawful land use and prohibits property existence on the land, the court will only address disputes regarding the inheritance as property on that land.

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