Inheritance of Land in Vietnam: Distribution, Declaration and Title Transfer

Inheriting land in Vietnam involves both the inheritance rules of the Civil Code 2015 and the procedures of the Land Law for transferring the land-use right certificate, commonly called the red book. Understanding both is essential because owning the land in practice requires completing the title transfer, not only being named as an heir.

Who inherits

Land may pass by will or, where there is no valid will, by law. Under inheritance by law, heirs are grouped in orders of priority, with the closest family members inheriting first. Heirs in the same order generally share equally. A valid will can change this distribution within the limits set by the Civil Code, which protects certain close dependants.

Declaration of inheritance

• The heirs prepare documents proving the death, their relationship to the deceased, and the land concerned.
• They carry out a declaration of inheritance, which is commonly notarised, recording who is entitled and in what shares.
• Where heirs agree, they may divide the land or agree that one heir receives it with arrangements for the others.

Transferring the title

After the inheritance is declared, the heirs apply to the land registration authority to update the land-use right certificate into their names. This step follows the Land Law and requires the inheritance documents, the existing certificate, and the applicable financial obligations to be settled. Only once the certificate is updated do the heirs hold the recognised land-use right.

Frequently asked questions

Is being named an heir enough to own the land?

No. The heirs must complete the declaration and update the land-use right certificate to hold the land in practice.

What if the heirs disagree?

Where heirs cannot agree on division, the matter may be resolved by the court, which applies the inheritance rules.

Can a foreigner inherit land in Vietnam?

Foreigners face restrictions on holding land-use rights, and inherited value may need to be handled differently; specific advice is important.

How LTV Law helps

LTV Law guides heirs through the inheritance declaration and the title transfer so the land is properly registered; to handle a land inheritance, contact our team.

This article is for general information only and does not constitute legal advice.