Rights and obligations of individuals using inherited land under the latest law?
Question: I have a piece of land inherited from my parents. What does the latest Land Law stipulate about my rights and obligations when using this piece of land?
Reply: According to Clause 1, Article 37 of the 2024 Land Law, individuals using agricultural land allocated by the State within the limit; land allocated by the State with land use fees collected, land leased with one-time land rental fees collected for the entire lease term, having land use rights recognized by the State; land received through conversion, transfer, donation, or inheritance have the following rights and obligations:
- General rights and obligations stipulated in Articles 26 and 31 of this Law;
- Transfer of agricultural land use rights with other individuals;
- Transfer of land use rights and assets owned by oneself attached to land according to the provisions of law;
- Leasing land use rights and assets attached to land to other organizations, individuals, and overseas Vietnamese investing in Vietnam;
- Individuals using land have the right to inherit land use rights and assets owned by them attached to their land by will or by law.
In case the heir is a Vietnamese person residing abroad and is subject to the provisions of Clause 1, Article 44 of this Law, he/she shall be entitled to inherit the land use right; if he/she is not subject to the provisions of Clause 1, Article 44 of this Law, he/she shall be entitled to the value of that inheritance;
- Donate land use rights to the State; donate land use rights to residential communities to build works serving the common interests of the community or expand traffic routes according to planning; donate land use rights to build gratitude houses, charity houses, and solidarity houses attached to land according to the provisions of law; donate land use rights and assets owned by oneself attached to land to individuals or people of Vietnamese origin residing abroad who are subjects specified in Clause 1, Article 44 of this Law;
- Mortgage land use rights and assets owned by oneself attached to land at a credit institution licensed to operate in Vietnam, at another economic organization or individual according to the provisions of law;
- Contribute capital in the form of land use rights and assets owned by oneself attached to land to organizations, contribute land use rights to individuals and people of Vietnamese origin residing abroad to cooperate in production and business.
