Each generation in a family lives on the same piece of land left by their forefathers, passed down from generation to generation. The previous generation lay down, the next generation received, used and exploited that land area. And in the present, the land use of an individual is received from his parents, siblings, etc., after that person has lost, it is prescribed by law to receive the inheritance of land use rights. In order to legalize the use without giving rise to any dispute with anyone and to exercise other rights prescribed by law, the person who is entitled to inherit the land use right must declare the inheritance of the land use right.

Hong Bang Law Firm would like to consult on the process of procedures, dossiers of declaration of inheritance as land use right as follow:

The order of making the declaration of inheritance of land use right must follow these steps:

Step 1: Carry out the procedures for declaring the estate at the notary office.

Step 2: Posting the document “Notice of declaration of inheritance”

Step 3: Divide inheritance

Step 4: Register the land use right at the People’s Committee of the district/town where the land is located.

Accordingly, the person receiving the inheritance as the land use right must go to the notary office where the land is located to declare the estate. The notary public of the office will post the Notice of inheritance declaration that he or she has declared at the People’s Committee of the commune, ward or town where the person leaving the estate last permanently resided.

If there is no dispute, the person declaring the receipt of the inheritance will come to receive the inheritance listing certified by the People’s Committee of the commune or ward. At that time, the notary will schedule a date to sign the declaration/agreement on division of the estate; the heir comes to sign the declaration/agreement on division of the inheritance according to the appointment letter.

Next, the heir shall submit the application to the district-level housing management agency (if an individual) and the provincial-level housing authority (if an organization). If the heir does not have a will or a judgment, he must go to a notary to carry out the procedures for declaring the inheritance or certifying the written agreement on division of the inheritance. In the event of a dispute, the dispute must be resolved.

In which, the application for registration of inheritance of land use rights and house ownership includes:

• An application form for a certificate of land use rights and house ownership;
• Inheritance papers such as: Will, Declaration of inheritance (notarized by the state);
• Papers proving the land use rights or one of the papers on land use rights and house ownership of the estate leavers;
• A copy of the birth certificate of the deceased’s heir as a basis for exemption from financial obligations (personal income tax).
• Death certificate;
• Land use right transfer tax payment declaration and land registration fee payment declaration.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace, and success!

Best regards !