Clubs · Nov 10, 2024 · 2 min read
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Clubs · Nov 10, 2024 · 2 min read
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This article will help you understand the rights and legal regulations for foreigners inheriting real estate in Vietnam. We will provide detailed information on the conditions, procedures, and legal restrictions that foreigners need to know to ensure their rightful ownership.
Based on Article 3,Land Law 2013 regarding foreigners or Vietnamese residing abroad not eligible to buy residential houses attached to land-use rights in Vietnam
In cases where all inheritors of land-use rights, ownership of houses, and other assets attached to land are foreigners or Vietnamese residing abroad not eligible to buy residential houses attached to land-use rights in Vietnam as stipulated in Article 1,Land Law 2013 then:
The inheritors are not issued the Certificate of Land Use Rights, Ownership of Residential Houses, and other assets attached to the land but can transfer or receive as gifts the inheritance right to land use in accordance with the following regulations:
- In case of transferring the land-use rights, the inheritor will be named as the transferor in the land-use rights transfer contract;
- In case of receiving the land-use rights as a gift, the recipient must be the designated party as specified in point e of Article 179,Land Law 2013 and comply with the legal regulations on residential houses, where the inheritor will be named as the recipient in the gift contract or commitment document;
- In case the land-use rights are not transferred or received as a gift:
The inheritor or authorized representative must submit a file for inheriting to the land registration office to update it in the Land Register.
Note: In cases specified in points c of Article 186,Land Law 2013 the inheritors are authorized in writing to allow a caregiver or temporary land user to perform obligations in accordance with the land laws and other relevant laws.
Therefore, foreign nationals inheriting will not be issued the Certificate of Land Use Rights, Ownership of Residential Houses, and other assets attached to the land but can transfer or receive as gifts the inheritance right to land use.
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