The Ministry of Agriculture and Environment received a petition from voters in Dong Thap province with the content: The implementation of inheritance rights in the land sector still has some shortcomings. It is proposed that the Government direct the review, unified guidance and simplification of administrative procedures when implementing the transfer of inheritance rights and land use rights, avoiding duplicate papers (such as birth certificates) for inheritors who already have citizen identification cards, in order to reduce inconvenience and create convenience for people.
Regarding this proposal, the Ministry of Agriculture and Environment reports to the National Assembly Delegation and voters of Dong Thap province as follows:
Current land law has specific regulations on inheritance of land use rights as follows: Regulations on the right to inherit and receive inheritance of land use rights, including: Clause 5, Article 23 of the Land Law stipulates the rights of citizens to land, including the right to receive inheritance of land use rights according to the provisions of law.
Point d, Clause 1, Article 27 of the Land Law stipulates that individuals using land have the right to inherit land use rights, assets owned by themselves attached to their land according to will or law; 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 they have a Certificate or are eligible to be granted a Certificate according to the provisions of the Land Law.
Regulations on procedures for inheritance of land use rights include: Clause 5, Article 23 of the Land Law stipulates the rights of citizens to land; point c, Clause 3, Article 27 of the Land Law stipulates documents on inheritance of land use rights, land use rights and assets attached to land that are notarized or certified according to the provisions of civil law.
Part V of Appendix I of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the demarcation of authority of local authorities at 02 levels, decentralization and delegation of power in the field of land (amended and supplemented at point b, clause 4, Article 16 of Decree No. 49/2026/ND-CP) stipulates: in case of exercising the right to inherit land use rights, land users submit documents on receiving inheritance of land use rights according to the provisions of civil law for cases of receiving inheritance of land use rights that have not been granted a Certificate of Land Use Rights, ownership of assets attached to land according to the provisions of land law or documents on receiving inheritance of land use rights according to the provisions of civil law and documents on transfer of land use rights for cases specified in clause 4, Article 45 of the Land Law, no birth certificate is required as voters' opinions have stated.
Currently, the Government has issued Decree No. 49/2026/ND-CP dated January 31, 2026 detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, in which Article 15, the Government has assigned the Provincial People's Committees to regulate the order and administrative procedures on land to proactively implement administrative procedure reform such as reducing and simplifying administrative procedures (including procedures for exercising inheritance rights and land use rights) and will meet the requirements of voters such as not duplicating documents (such as birth certificates) for inheritors who already have citizen identification cards.
In addition to the provisions of land law, the issue of inheritance of land use rights is also regulated in civil law such as: 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 legal inheritance (Chapter XXIII from Article 649 to Article 655) and payment and division of inheritance (Chapter XXIV from Article 656 to Article 662).
The Ministry of Agriculture and Environment requests the Delegation of National Assembly Deputies of Dong Thap province to have additional opinions with the Ministry of Justice to review, study, and propose to competent authorities to complete regulations on inheritance division, notarization, and certification of documents on inheritance of land use rights, land use rights and assets attached to land to avoid requiring duplicate papers (such as birth certificates) for inheritors who already have citizen identification cards, in order to reduce inconvenience and create convenience for people as voters' opinions mentioned above.
