TRANSFERRING LAND TITLE FOR INHERITED PROPERTY IN 2025: DOSSIER, PROCEDURE, AND APPLICABLE FEES

1. Forms of Land Use Rights Inheritance

Heirs can receive land use rights through two main forms:

Testamentary inheritance: As regulated in Article 628 of the Civil Code 2015, including: written wills without witnesses; with witnesses; notarized wills; or authenticated wills.

Statutory inheritance: Applied when:

There is no will;
The will is invalid;
The designated heir has died, refused the inheritance, or no longer exists.
In addition, any portion of the estate not covered by the will or relating to individuals who cannot or do not wish to inherit will be distributed according to the law.

2. Dossier and Procedure for Transferring Land Title for Inherited Property

Step 1. Notarize the declaration or agreement on inheritance division

At a notary office, prepare the following documents:

ID/passport of the deceased and the heirs;
Death certificate, certificate of land ownership (Red Book);
Will (if any);
Documents proving family relationships (birth certificate, marriage certificate...);
Death certificate or equivalent document;
Power of attorney/agreement (if any).
After a 15-day public posting at the commune-level People's Committee without any disputes, the notary office will draft the declaration or agreement on inheritance division.

Step 2. Register ownership change

Within 30 days from the completion of inheritance division, the heir must submit the application to the provincial-level People's Committee (directly or through the Land Registration Office).

Required documents include:

Land use rights change registration form (Form No. 11/ĐK);
Existing Land Use Rights Certificate;
Documents proving the right to inherit;
Power of attorney (if any);
Declaration/agreement on inheritance division;
Joint certification agreement (if multiple heirs);
Transfer or capital contribution agreement (if applicable).
Step 3. Submit the dossier

Submit the dossier to the provincial-level People’s Committee where the land is located. The agency will forward it to the Land Registration Office. For land granted before July 1, 2004, where residential land area has not been redefined, submission is still made at the provincial level.

Step 4. Land registration office receives and processes the request

Upon receiving the tax authority’s notice, the heir must:

Pay land use fees (if applicable);
Pay registration fee and appraisal fee (if any);
Retain receipts as proof of payment when receiving the certificate.
Step 5. Receive results

Processing time:

No more than 10 working days from the date of receiving a complete dossier;
No more than 20 working days for special areas, islands, remote or socio-economically disadvantaged regions.

Ensures estate protection in the absence of an heir or estate administrator.