Pursuant to Clause 4, Article 45 of the 2024 Land Law, in case of inheritance of land use rights, the inheritor is allowed to exercise the right when:
- Certificate of land use rights or Certificate of house ownership rights and land use rights or Certificate of land use rights, house ownership rights and other assets attached to land or Certificate of land use rights, ownership rights of assets attached to land or;
- Meeting the conditions for granting a Certificate of land use rights and ownership of assets attached to land according to the provisions of the 2024 Land Law.
According to Clause 3, Article 131 of the 2024 Land Law, land registration, including initial registration and registration of changes, is a mandatory procedure, which can be done in paper or electronic form and both have the same legal value.
In addition, according to Point a, Clause 1, Article 133 of the 2024 Land Law, in cases where land users and owners of assets attached to land have been granted a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of house ownership rights or a Certificate of construction ownership rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights of assets attached to land, when inheriting land use rights, they must carry out procedures to register land changes.
In case of inheritance of land use rights, the time limit for registration of changes is 30 days and is calculated from the date of completion of division of land use rights as inherited heritage according to the provisions of the law on civil matters or from the date the judgment or decision of the Court takes legal effect. (According to Clause 3, Article 133 of the 2024 Land Law).
Thus, when inheriting land use rights, heirs need to carry out land change registration procedures within the prescribed time limit, otherwise they will be considered a violation of the law and subject to administrative sanctions according to regulations.
According to Clause 2, Article 16 of Decree 123/2024/ND-CP, a fine of VND 2,000,000 to VND 3,000,000 shall be imposed for failure to register land changes when inheriting land use rights. At the same time, it is required to register land changes according to regulations.
Note: The above penalty level applies to individuals who violate. The penalty for an organization committing the same violation is 02 times the fine for an individual. (According to Clause 2, Article 5 of Decree 123/2024/ND-CP).
According to Clause 2, Article 133 of the 2024 Land Law, the registration of changes when inheriting land use rights will be confirmed by the competent authority on the issued certificate or newly issued the Certificate of land use rights and ownership of assets attached to land when the land user or owner of assets attached to land has a need.
Thus, when inheriting land use rights, the inheritor has the right to request the competent authority to issue a new Land Use Rights Certificate, instead of only confirming the change on the old Certificate. This is in accordance with current regulations and is implemented according to the needs of land users.
