What are the prescriptive periods with respect to land inheritance according to current regulations in Vietnam?

What are the prescriptive periods with respect to land inheritance according to current regulations in Vietnam?

According to Article 623 of the Civil Code 2015, the current regulations on prescriptive periods with respect to land inheritance in Vietnam are as follows:

- The statute of limitations for a heir to request the division of the estate is 30 years for real estate, 10 years for movable property, counting from the time of opening the inheritance. After this period, the estate belongs to the heir managing it.

In the case where there is no heir managing the estate, the estate is resolved as follows:

+ The estate belongs to the person in possession according to the provisions of Article 236 of this Code;

+ The estate belongs to the State if there is no person in possession as stated in point a of this clause.

- The statute of limitations for an heir to request the recognition of their inheritance rights or to deny others' inheritance rights is 10 years from the time of opening the inheritance.

- The statute of limitations for requesting an heir to fulfill property obligations left by the deceased is 03 years from the time of opening the inheritance.

What are the latest regulations on conditions for inherit land in Vietnam?

Based on the provisions at clause 1, Article 45 of the Land Law 2024, a land user is entitled to execute inheritance rights through the land use rights when meeting the following conditions:

- Possesses a Certificate of land use rights, a Certificate of house ownership and homestead land use rights, or a Certificate of land use rights, house ownership, and other assets attached to the land, or a Certificate of land use rights and ownership of assets attached to the land.

Except in cases of inheriting land use rights, converting agricultural land in the context of land consolidation and exchange, gifting land use rights to the State, the community, and cases specified at clause 7, Article 124, and point a, clause 4, Article 127 of the Land Law 2024;

- The land is not under dispute or disputes have been resolved by competent state authorities, with court judgments or decisions, or arbitration decisions that have taken legal effect;

- The land use right is not under any enforcement measures to ensure the execution of a judgment according to the civil execution law;

- Within the land use period;

- The land use right is not subject to temporary urgent measures according to law.

What are the regulations on a lawful will in Vietnam?

- A lawful will must meet the following conditions:

+ The testator must be of sound mind and body when making the will, not deceived, threatened, or coerced;

+ The content of the will must not violate the prohibitions of the law, not contrary to social ethics; the form of the will must comply with legal provisions.

- The will of a person from fifteen to under eighteen years old must be in written form and approved by their parents or guardian for its creation.

- The will of a physically restricted person or an illiterate person must be created in written form with witnesses and notarized or certified.

- A written will without notarization or certification is only considered legal if it conforms to the conditions specified in clause 1, Article 630 of the Civil Code 2015.

- An oral will is considered legal if the testator expresses their final intention in the presence of at least two witnesses and immediately after expressing their final intention, the witnesses record it and sign or fingerprint it. Within 05 working days from the date the testator expresses their final intention, the will must be notarized by a notary public or certified by the competent authority verifying the signature or fingerprint of the witnesses.

(Article 630 of the Civil Code 2015)

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