1. Conditions for inheriting real estate in 2024
According to Article 45 of the 2024 Land Law, land users are entitled to inherit land use rights when meeting the following conditions:
- Have a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights, ownership rights of assets attached to land, except for cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
- Land has no dispute or the dispute has been resolved by a competent state agency, a court judgment or decision, an arbitration decision or award that has come into legal effect.
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement.
- During the land use period.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
2. Cases that are not eligible to inherit real estate in 2024
Pursuant to the 2015 Civil Code, heirs who fall into the following cases will not be entitled to inherit real estate and other assets from the testator, including:
(1) A person convicted of intentionally infringing upon the life or health of the person leaving the inheritance, or of seriously mistreating or torturing the person leaving the inheritance, or of seriously infringing upon the honor or dignity of that person.
(2) A person who seriously violates the obligation to support the person leaving the inheritance.
(3) A person convicted of intentionally infringing upon the life of another heir in order to receive part or all of the inheritance to which that heir is entitled.
(4) A person who deceives, coerces or prevents the testator from making a will; forges a will, alters a will, destroys a will, or conceals a will in order to receive part or all of the inheritance against the testator's wishes.
Note: The above-mentioned persons are still entitled to inherit, if the testator knew of the actions of those persons, but still allowed them to inherit according to the will.
(5) In case the person is not given the inheritance by the testator.
(6) A person who is deprived of the right to inherit the estate of an heir.
In addition, Clause 8, Article 45 of the 2024 Land Law also stipulates cases where land use rights cannot be transferred or donated as follows:
- Economic organizations are not allowed to receive transfers of land use rights for protective forests and special-use forests from individuals, except in cases where land use purposes are changed according to land use planning and plans approved by competent authorities.
- Individuals who do not live in protective forests or special-use forests are not allowed to receive transfers or gifts of land use rights for housing and other land in protective forests, strictly protected zones, or ecological restoration zones in those special-use forests.
- Organizations, individuals, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.
