In the 21st century, inheritance is one of the most important institutions of civil law. There are many cases where parents leave inheritance to their children. However, not all types of property, real estate or land can become the subject of inheritance. Land is divided into many different types. So about the matter “Regulations on undivided land of inheritance in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Land Law 2013
Laws on inheritance division
Inheritance by will
The testator’s rights
The testator has the following rights:
• Designate an heir; disenfranchisement of the heir.
• Allocate the inheritance for each heir.
• Set aside a part of the property in the heritage block to bequeath and worship.
• Assign obligations to heirs.
• Designate the will keeper, estate administrator, estate divider.
Legal Will
According to Article 630 of the 2015 Civil Code, a legal will is regulated as follows:
• A lawful will must satisfy the following conditions:
o The testator is lucid and lucid while making the will; not be deceived, threatened or coerced;
o The content of the will does not violate the prohibition of the law and does not violate social ethics; the form of a will is not contrary to the provisions of the law.
• Wills of persons aged between full fifteen and under eighteen years must be made in writing and must be approved by the father, mother or guardian in making a will.
• Wills of persons with physical limitations or those who are illiterate must be made in writing by witnesses and notarized or authenticated.
• A written will that is not notarized or authenticated is only considered legal if all the conditions specified in Clause 1 of this Article are satisfied.
• An oral will is considered legal if the oral testator shows his or her final will in front of at least two witnesses and as soon as the oral testator makes the final will, the witness takes notes again, jointly sign or fingerprint. Within 5 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.
Inheritance according to law
Cases of inheritance according to law
• Inheritance at law applies in the following cases:
o No will;
o Illegal will;
o The testamentary heirs die before or at the same time as the testator; the agency or organization entitled to inherit according to the will no longer exists at the time of opening the inheritance;
o Persons designated as heirs under the will who do not have the right to inherit or refuse to receive the estate.
• Inheritance by law also applies to the following estates:
o The part of the estate that is not determined in the will;
o The part of the estate related to the part of the will that has no legal effect;
o The part of the estate related to the heir under the will but they do not have the right to inherit, refuse to receive the estate, die before or at the same time as the testator; related to the agency or organization that is entitled to the estate under the will, but no longer exists at the time of opening the inheritance.
Legal heirs under Vietnam law
• The legal heirs are specified in the following order:
o The first line of inheritance includes: wife, husband, biological father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
o The second line of inheritance includes: grandfather, paternal grandmother, maternal grandfather, grandmother, biological brother, sister, biological brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
o The third line of inheritance includes: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; the biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandson of the deceased, but the deceased is a paternal great-grandfather.
• Heirs in the same row are entitled to an equal share of the estate.
• People in the next line of heirs are only entitled to inherit, if no one in the previous line of heirs is left because they have died, have no right to inherit, have been disqualified from inheriting or refused to receive the estate.
Regulations on undivided land of inheritance in Vietnam
Article 188 of the 2013 Land Law, conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution by land use right is:
• Land users may exercise the rights to convert, transfer, lease, sublease, inherit, donate, and mortgage land use rights; contribute capital with land use rights when the following conditions are met:
o Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
o Undisputed land;
o The land use right is not distrained to secure judgment enforcement;
o During the land use period.
• In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit or donate land use rights; the right to mortgage land use rights or contribute capital with land use rights must also satisfy the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of this Law.
• The exchange, transfer, lease, sub-lease, inheritance, donation, mortgage of land use rights, capital contribution with land use rights must be registered at the land registration agency and take effect from from the time of registration in the cadastral book.
Clause 3, Article 186 of the 2013 Land Law stipulates:
In case all recipients of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are not eligible to buy attached houses. with the right to use residential land in Vietnam specified in Clause 1 of this Article, the heir may not be granted a certificate of land use right, ownership of houses and other land-attached assets, but may transfer or be donated the inherited land use right according to the following provisions:
• In case of transfer of land use rights, the heir may be named as the transferor in the land use right transfer contract;
• In case of donation of land use rights, the recipient must be the subject specified at Point e, Clause 1, Article 179 of this Law and in accordance with the housing law, in which the recipient acknowledges be named as the donor in the contract or written commitment to donate;
• In case the land use right has not been transferred or donated, the heir or the representative who has written authorization in accordance with regulations shall submit the dossier on inheritance at the land registration agency for update. to the Cadastral Book.
Clause 1, Article 168 of the Land Law 2013 provides:
• Land users may exercise the rights to transfer, lease, sublease, donate, mortgage or contribute land use rights as capital upon obtaining the Certificate. In the case of conversion of agricultural land use rights, land users may exercise their rights after a decision on land allocation or land lease is issued; In case of inheriting land use rights, land users may exercise their rights when they obtain a Certificate or meet all conditions for issuance of a Certificate of land use rights, ownership of houses and other land-attached assets. .
• In case the land user is delayed in performing financial obligations or is debited with financial obligations, the financial obligations must be fulfilled before exercising the rights.
Thus, the land that does not fall into the cases specified in Clause 3, Article 186 or Clause 1, Article 168 of the Land Law 2013 without a certificate of land use right; there is a dispute; distraint for judgment enforcement; After the expiry date, it will not be inherited.
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Frequently asked questions
Point c, Clause 3, Article 167 of the 2013 Land Law stipulates: Documents on inheritance of land use rights, land use rights and land-attached assets shall be notarized or authenticated according to the provisions of civil law.
According to Clause 5, Article 630 of the Civil Code 2015, an oral will is considered legal if the oral testator shows his/her final will in front of at least two witnesses and immediately after the oral testator has expressed his/her final will. final will, the witness records, co-signs or points. Within 5 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.
If the will is legal, the part of the inheritance which is the house and land received will be according to the content of the will, except for those who do not depend on the content of the will.
If the house and land are divided according to law, the inheritance will be equal.
Conclusion: So the above is Regulations on undivided land of inheritance in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
