The Ministry of Agriculture and Environment received a petition from voters in Dong Nai province with the content: Considering and studying the amendment and supplementation of Clause 3, Article 220 of the 2024 Land Law to remove obstacles in land consolidation. At the same time, studying and adjusting the provisions of the Land Law related to inheritance of land use rights through three generations, in order to ensure compliance with reality, protect the legitimate rights and interests of people, and at the same time create favorable conditions in the process of carrying out administrative procedures.
Regarding this proposal, the Ministry of Agriculture and Environment reports as follows:
Based on the assessment and review of the results of the 2024 Land Law implementation, the Ministry of Agriculture and Environment has advised the Government to submit to the National Assembly for promulgation Resolution No. 254/2025/QH15 dated December 11, 2025, stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, in which Clause 3, Article 11 of Resolution No. 254/2025/QH15 has stipulated the merger of non-compulsory land plots with the same land use purpose, the same form of land rent payment, and the same land use term to overcome obstacles in the process of organizing and implementing land plot mergers in localities.
Regarding land law regulations on inheritance of land use rights: Clause 5, Article 23 of the Land Law stipulates the rights of citizens to land, including the right to inherit land use rights according to the provisions of law. Clause 1, Article 27 of the Land Law stipulates: "Land users are entitled to exercise the rights to transfer, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights according to the provisions of this Law and other relevant laws", point c, clause 3, Article 27 of the Land Law stipulates: "c) Documents on inheritance of land use rights, land use rights and assets attached to land are notarized or certified according to the provisions of civil law" and point d, clause 1, Article 37 of the Land Law stipulates: "d) Individuals using land have the right to inherit land use rights, assets owned by themselves attached to their land according to wills or according to law...".
At the same time, Clause 4, Article 45 of the Land Law stipulates that in case of inheritance of land use rights, the heir is entitled to exercise rights when there is a Certificate or is eligible to be granted a Certificate according to the provisions of this Law.
The division of inheritance of assets, including assets that are land use rights, is carried out according to the provisions of the Fourth Part of the Civil Code (from Article 609 to Article 662), according to which the Civil Code has general regulations on inheritance (Chapter XXI from Article 609 to Article 623), regulations on inheritance according to wills (Chapter XXII from Article 624 to Article 648), regulations on inheritance according to law (Chapter XXIII from Article 649 to Article 655) and payment and division of inheritance (Chapter XXIV from Article 656 to Article 662).
Thus, the law on land does not stipulate the division of inheritance of land use rights, but on the basis of the division of inheritance according to the provisions of the Civil Code, the person who receives inheritance of land use rights shall carry out land registration and issuance of Certificates according to the provisions of the law on land.
The Ministry of Agriculture and Environment requests the Delegation of National Assembly Deputies of Dong Nai province to give opinions to the Ministry of Justice to review, study, and propose to competent authorities to improve regulations on inheritance division to remove difficulties and obstacles as reflected by voters.
