Hello LSX. Currently, I have a question related to the inheritance division procedure, hope to be supported by a lawyer. My father owned a piece of land, now my father suddenly passed away due to a traffic accident, did not leave a will and my grandparents also passed away for a long time. I have a question in this case my mother, me and my sister want to share this estate. So about the matter “ Regulations on land inheritance under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Land Law 2013
Conditions for exercising the right of inheritance
Pursuant to Clause 1, Article 188 of the Land Law 2013, the conditions for exercising inheritance rights are as follows:
“first. Land users may exercise the rights to convert, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) 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;
b) Undisputed land;
c) The land use right is not distrained to secure judgment enforcement;
d) During the land use term.”
Based on the above regulations, many people mistakenly believe that a new certificate is required to inherit land. However, it is necessary to properly understand in which cases the above provisions apply to ensure the rights of the heirs.
How to determine inheritance as real estate?
Pursuant to the provisions of Article 612 of the 2015 Civil Code, the inheritance is as follows:
“The estate includes the separate property of the deceased, the share of the deceased’s property in the common property of others.”
According to the above provisions, the common property of the deceased in the common property with other persons mainly includes the following cases:
Case 1: House and land are common property of husband and wife.
Case 2: House and land are common property of households using land.
Case 3: Real estate of many people who jointly contribute money to receive the transfer but are not members of the household or husband and wife.
Regulations on land inheritance under Vietnam law
In your case, your father unfortunately passed away without leaving a will, so your father’s estate will be divided according to the law. The Civil Code 2015 specifies the inheritance lines to be divided. by law as follows:
– The first line of inheritance includes: wife, husband, natural father, natural mother, adoptive father, adoptive mother, biological child and adopted child of the deceased;
– The second line of inheritance includes: grandfather, 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;
– 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.
In your case, the first heirs who have the right to inherit your father’s inheritance include: you, your sister and your mother. People belonging to the same line of heirs will receive an equal share of the estate, that is, this land will be divided into 3 parts, each person will receive 1 part.
In case you and your brother want to leave your mother’s name on the land use right certificate alone, that means you and your brother want to refuse the inheritance left by your father and cede this property right to your mother. you, you make a document to refuse to receive the inheritance and apply for notarization and authentication in this document to serve as a basis to send to the competent authority on land registration.
Procedures for declaration of inheritance
According to the regulations, after notarizing the document of refusal to receive the inheritance, as stipulated in Decree 29/2015/ND-CP, your family requires the notary to send a dossier of declaration of receipt of the inheritance and execute it. currently posted publicly at the People’s Committee of the commune where your father last permanently resided before his death, the dossier includes:
– Curriculum Vitae of the person receiving the inheritance (your mother)
– ID card/passport, household registration of the following people: your mother, your brother and yours
– Death certificate of your father and grandparents
– Papers proving the right to use and own property that are inherited by your parents (certificate of land use rights, house ownership, purchase and sale license, house legalization issued by the Commission) issued by the people of the district, savings book, shares, share certificates, etc.).
The time limit for public listing is 15 days, if within this 15 days there is no dispute from the co-heirs or people with related interests, the commune-level People’s Committee will issue a document recognizing the inheritance.
Procedures for quick division of land inheritance in 2022
After the division of land use rights as inheritance is completed, the land user must register the land change within 30 days from the date of completion of the division of the estate.
The steps to transfer land inheritance rights are as follows:
Step 1: Prepare and submit your application
Pursuant to Clause 2, Article 7 of Circular 33/2017/TT-BTNMT, to carry out the procedures for transferring land inheritance rights, it is necessary to prepare the following documents:
• An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;
• Documents on inheritance of land according to regulations (will, written agreement on division of estate, document on refusal to accept estate, judgment if there is a dispute, …);
• Certificates of land use rights;
• In case the only person inheriting land use rights and ownership of assets attached to land is the only person, an application for registration of inheritance of land use rights and ownership of land-attached assets is required. heir.
Then, submit the application directly at the land registration office of the district, urban district, town, provincial city, city under the central government where the land is located. In case households and individuals submit to the People’s Committee of the commune, ward or township where the house and land are located.
Step 2: Receive and process documents
After receiving all valid documents, the Land Registration Office shall notify the transferors to fulfill their financial obligations.
Step 3: Return the result
After fulfilling the financial obligations, the parties receive the certificate of land use right at the place where the application has been submitted.
After receiving the application, the real estate registration office will be responsible for verifying the dossier, making a copy of the cadastral dossier, and sending the cadastral data to the tax authority to determine financial obligations (if any); amend the issued land use right certificate or carry out the procedures for granting a certificate in case a new certificate is required. After the heir has fulfilled its financial obligations, the real estate registration office is responsible for handing over the land use right certificate to the owner within 15 days from the date you submit all valid documents.
Note: In your case, your mother will be exempt from personal income tax from receiving real estate inheritance from your father and receiving property gifts from her children, so she is not subject to tax and registration fees. , according to Decree 140/2016/ND-CP stipulating the registration fee, your mother’s case will also be exempt from registration fee, but you still need to make declarations with these two costs.
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Frequently asked questions
The division of estate according to the will is done on the principle of complying with the will of the testator, respecting the disposition and decision of the testator’s property. This principle is stipulated in Article 659 of the Civil Code 2015, specifically as follows:
“1. The division of the estate is done according to the will of the testator; if the will does not clearly identify the portion of each heir, the estate shall be divided equally among the persons designated in the will, unless otherwise agreed.
In case the will determines the division of the estate in kind, the heirs may receive in kind together with the yields and profits earned from such in-kind things or bear the reduced value of the in-kind things up to the date of the will. the time of division of the estate; if the object is destroyed due to another person’s fault, the heir has the right to claim compensation for the damage.
In case the will only determines the division of the estate in proportion to the total value of the estate block, this ratio shall be calculated on the value of the estate block that is still available at the time of division of the estate.”
Pursuant to Clause 1, Article 650 of the 2015 Civil Code, cases of inheritance division according to law include:
Case 1: There is no will.
Second case: There is a will but the will is not legal. Illegal wills will have no legal effect, falling into the case of violating the general conditions of civil transactions under Article 177 and the conditions on legal wills under Article 630 of the Civil Code 2015.
The third case: The heirs under the will die before or at the same time as the testator; the agency or organization entitled to inherit under the will no longer exists at the time of opening the inheritance.
The fourth case: People who are designated as heirs under the will without having the right to inherit.
Fifth case: Those who are designated as heirs under the will refuse to receive the estate.
The division of estate according to law is carried out according to the provisions of law, such as equal division, according to the order of inheritance, distribution to those in the heirs.
The method of division includes division by kind and by value in kind. If no agreement can be reached, the kind is sold for division.
Conclusion: So the above is Regulations on land inheritance under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
