Pursuant to Clause 1, Article 45 of the 2024 Land Law, it is stipulated as follows:
Article 45. Conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights; receive transfers, receive gifts of land use rights.
1. Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when meeting the following conditions:
a) Having 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 and 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, communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law.
b) Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect.
c) Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement.
d) Within the land use term.
d) Land use rights are not subject to temporary emergency measures as prescribed by law.
Thus, the inheritor's land use rights are only exercised when the dispute has been resolved or there is no dispute.
Therefore, in case the land is in dispute, the heir needs to wait for the dispute to be resolved by the competent authority before exercising the inheritance right.
