From August 1, 2024, the regulations of the new Land Law will officially take effect. In particular, the conditions for inheritance of land use rights have a number of adjustments, affecting the exercise of land users’ rights. So, what are these specific changes, and what should be paid attention to in order to ensure the right to inheritance and legal inheritance?
Which individuals are entitled to inheritance of land use rights?
According to current laws, an individual who is an heir in general, or an inheritor of land use rights in particular, must fall into one of the following cases:
– People who are alive at the time of opening the inheritance; or
– Born and alive after the time of opening the inheritance but conceived before the person leaving the inheritance died.
Individuals can be entitled to inheritance of land use rights according to will or law.
What are the conditions for inheritance of land use rights according to the new regulations?
Applicable from August 1, 2024, people using land to exercise the right on inherritance of land use rights when fully meeting the conditions include:
– The land is not being in dispute or the dispute has been resolved by a competent state agency, the judgment or decision of the Court, or the decision or award of the Arbitration with legal effect;
– Land use rights are not distrained, other measures are applied to ensure judgment enforcement according to the provisions of the law on civil judgment enforcement;
– Within the land use term;
– Land use rights are not subject to temporary emergency measures according to the provisions of laws.
– Legal provisions in special cases.
Compared with previous regulations, conditions for Certificate of land use rights or Certificate of house ownership and residential land use rights or Certificate of land use rights, house ownership and property rights on other assets attached to land or Certificate of land use rights and ownership of assets attached to land are no longer obligated requirement.
However, the inheritor can only exercise their rights when they have one of the above documents or are eligible to issue a Certificate of land use rights and ownership of assets attached to land according to regulations.
What to be noted for heirs of Vietnamese origin residing abroad?
People of Vietnamese origin residing abroad who are allowed to enter Vietnam are allowed to own houses associated with residential land use rights in Vietnam; have residential land use rights due to receiving transfer of residential land use rights in housing development projects. In this case, the heir will inherit the land use rights.
If they are not subject to the above, the heir to the land use rights will enjoy the value of that inheritance.
>> CONDITIONS FOR LAND USE RIGHTS TRANSFER FROM AUGUST 1, 2024 https://linconlaw.vn/conditions-for-land-use-rights-transfer-from-august-1-2024/
>> MURDER WITH CYANIDE, EASY TO PERFORM – DIFFICULT TO SHIRK LIABILITIES https://linconlaw.vn/murder-with-cyanide-easy-to-perform-difficult-to-shirk-liabilities/
Legal basis:
- Civil Code 2015;
- Land Law 2024;
- Law amending the Land Law, Housing Law, Real Estate Business Law and Credit Institutions Law 2024.
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