Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm - said that in Clause 1, Article 45 of the 2024 Land Law, land users are allowed to exercise inheritance rights when they meet the following conditions without having to have a red book:
- 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;
- 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;
- Within the land use term;
- Land use rights are not subject to temporary emergency measures as prescribed by law.
Accordingly, according to Article 612 of the 2015 Civil Code, inheritance includes the personal property of the deceased, the property of the deceased in the common property of others.
The determination of land use rights as heritage is guided in Section II of Resolution 02/2004/NQ-HDTP as follows:
- In case the land is left by the deceased but that person has one of the documents on land use rights, that land use right is also an inheritance, regardless of the time of inheritance opening.
- In case the deceased leaves behind land use rights but the land does not have a Certificate or does not have one of the following documents on land use rights but the inheritance is a house or other architectural object attached to that land and there is a request for inheritance division, it is distinguished as follows:
+ In case the defendant has a document from the People's Committee of the competent level confirming that the use of the land is legal, but has not yet been granted a Certificate (qualified to issue a Certificate), the Court shall resolve the request to divide the inheritance of assets attached to the land and land use rights.
+ In case the competent People's Committee does not have a document confirming the use of the land, but there is a document from the competent People's Committee clearly stating that the use of the land does not violate the planning and can be considered for assignment of land use rights, the Court will resolve the request to divide the inheritance which is the property attached to the land.
+ In case the People's Committee of the competent authority has a document clearly stating that the use of the land is illegal, the inheritance is the property attached to the land that is not allowed to exist on that land, the Court will only resolve the dispute over the inheritance is the property on that land.
"It can be seen that inheriting land under the 2024 Land Law does not require a red book. Accordingly, for land without a red book, if the land use right is determined to be an inheritance (legal land use right), it can still be divided into inheritance according to the law" - Lawyer Tran Tuan Anh said.
