What does the Land Law stipulate regarding the right to inherit land use?
Do stepchildren have the right to inherit the estate left by their stepfather or stepmother? What does the latest Land Law stipulate regarding land inheritance rights? This is a question of concern to Mr. Nguyen Thanh Trung (Cua Lo Town, Nghe An Province).
Reply:
- Based on Article 654 of the 2015 Civil Code, which regulates inheritance relations between stepchildren and stepparents, the following applies:
Stepchildren and stepparents, if they have a relationship of care and upbringing similar to that of a father and child or mother and child, are entitled to inherit each other's estates and also to inherit estates as stipulated in Articles 652 and 653 of this Code.
- Regarding the regulations on inheritance rights under the 2024 Land Law, Article 27 of the Land Law stipulates the rights to convert, transfer, lease, sublease, inherit, and gift land use rights; mortgage and contribute capital using land use rights as follows:
1. Land users have the right to convert, transfer, lease, sublease, inherit, and donate land use rights; mortgage and contribute land use rights as capital in accordance with this Law and other relevant laws.
2. Groups of land users who share the right to use the land have the following rights and obligations:
a. Groups of land users, including household members and individuals, have the same rights and obligations as individuals as stipulated in this Law.
If a group of land users includes a member that is an economic organization, they shall have the same rights and obligations as economic organizations as stipulated in this Law;
b. In cases where a group of land users has land use rights that can be divided into portions for each member of the group, if each member wishes to exercise their rights over their portion of land use rights, they must register the change or subdivide the land according to regulations, complete the procedures for obtaining a Certificate of Land Use Rights and Ownership of Assets Attached to the Land, and exercise the rights and obligations of a land user as prescribed by this Law.
In cases where the land use rights of a group of land users cannot be divided into portions, the members shall exercise them together or authorize a representative to exercise the rights and obligations of the group of land users.
3. The notarization and authentication of contracts and documents exercising the rights of land users shall be carried out as follows:
a. Contracts for the transfer, donation, mortgage, or capital contribution using land use rights, or land use rights and assets attached to the land, must be notarized or certified, except in the cases specified in point b of this clause;
b. Contracts for leasing or subleasing land use rights, land use rights and assets attached to the land, contracts for converting agricultural land use rights; contracts for transferring or contributing capital in the form of land use rights, land use rights and assets attached to the land, and assets attached to the land where one or both parties involved in the transaction are organizations engaged in real estate business activities, which must be notarized or certified as required by the parties;
c. Documents concerning the inheritance of land use rights, land use rights and assets attached to the land must be notarized or certified in accordance with the provisions of civil law;
d. Notarization and authentication shall be carried out in accordance with the provisions of the law on notarization and authentication.
