Overseas Vietnamese Cannot Inherit Land Use Right

Question: – I have a house and 2.400sm of agricultural land. I have 2 children, one of them is living abroad. I intend to make a will for a child a house, while a foreign child gets the land on. Please ask, specific procedures must be like?

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Luu Van Hoa (Bien Hoa City, Dong Nai Province)

Answer: – Maybe, you should have the exchange by giving the children in the country inherited the agricultural land, while the children are foreigners inherit the house. Because, pursuant to the provisions of Paragraph 1, Article 179 of the Land Law of 2013 does not allow the overseas Vietnamese to inherit the land use right by way of direct use of land (irrespective of land type) in Vietnam. Particularly for houses, the Housing Law allows overseas Vietnamese to inherit houses in Vietnam. However, it should be noted that only overseas Vietnamese who belong to one of the objects to own a house in Vietnam can inherit the house. In contrast, if they do not belong to such objects or if they have been returning to Vietnam for 6 months or more but are owning houses in Vietnam but inheriting houses, they shall only be entitled to the value of such houses.

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