1. Regulations on inheritance of land according to will
Article 609 of the 2015 Civil Code stipulates that individuals have the right to make a will to decide their assets; leave their assets to an heir according to the law; inherit according to the will or by law.
According to Article 628 of the 2015 Civil Code, written wills include: Written wills without witnesses; written wills with witnesses; notarized written wills; certified written wills.
According to the above regulations, land users have the right to leave their land use rights according to the will, according to the law.
However, not all land users can leave land use rights in a will in a notarized or certified document (because the Land Law has its own provisions).
2. Conditions for exercising land inheritance rights
Clause 1, Article 27 of the 2024 Land Law stipulates that 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 according to the provisions of this Law and other relevant laws.
In addition, Point c, Clause 3, Article 27 also stipulates: Documents on inheritance of land use rights, land use rights and assets attached to land notarized or certified according to the provisions of the law on civil matters.
* Conditions for exercising inheritance rights
According to Clause 1, Article 45 of the 2024 Land Law, land users are allowed to inherit land use rights when the following conditions are met:
- Have a Land Use Rights Certificate, except in cases of inheritance of land use rights.
- 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.
Conclusion: Only in cases of inheritance in a notarized document or in a certified document, a Certificate (red book) is required. In case the land does not have a red book, the land user still has the right to leave his/her land use rights in a written will without a witness or a written will with a witness.
