Land without a land certificate can still be divided as inheritance — that is the answer under the 2024 Land Law. Unlike transfers (which require a Certificate), the law expressly exempts inheritance from the certificate requirement. However, “can be divided” does not mean “any land qualifies” — the parcel must involve lawful land use rights and meet the remaining conditions.
1. Legal basis: Article 45 of the 2024 Land Law
Article 45(1) sets the conditions for land users to exercise their rights, including inheriting land use rights:
- Point (a): must hold a Certificate — except for inheritance of land use rights. This is the key point: inheritance is the exception not requiring a red book;
- Point (b): the land is dispute-free, or disputes have been resolved by a competent authority;
- Point (c): the land use rights are not distrained or subject to enforcement security measures;
- Point (d): the land remains within its use term;
- Point (dd): no provisional urgent measures apply.
In short: uncertificated land can still be inherited, provided it is dispute-free, not distrained, within its term and not frozen.
2. What does the inheritor need to exercise the rights?
Article 45(4): an inheritor may exercise land use rights when they hold a Certificate or are eligible for issuance of a Certificate of land use rights and ownership of attached assets. In practice:
- The family completes an estate division agreement (notarised estate division document under Article 59 of the 2024 Notarisation Law);
- On that basis, the beneficiary applies for first-time registration and Certificate issuance under land law;
- The Ministry of Agriculture and Environment (guidance, October 2026) confirms: the absence of a Certificate is not grounds to conclude inheritance is impossible — the dossier must be checked to determine the deceased’s land use rights and eligibility for a Certificate.
3. Three scenarios for uncertificated land (per Resolution 02/2004/NQ-HDTP)
Where disputes reach court, Resolution 02/2004/NQ-HDTP distinguishes:
- Commune People’s Committee confirms lawful land use but the Certificate was not yet issued → the land use rights are estate; the court divides both land and assets on it;
- No lawful-use confirmation but the Committee states there is no planning violation and allocation may be considered → the court divides only the assets on the land;
- Committee confirms unlawful land use → not estate; the court divides only assets on the land if permitted to exist.
4. Practical trap: a notarised will still needs the red book
Important: to make a notarised/certified written will over land use rights, the notary/certifying body still requires a Certificate. So for uncertificated land, the practical route is usually statutory inheritance plus an estate division document, not a notarised will.
5. Frequently asked questions
Q: Land has no red book but there is a handwritten sale paper — can it be inherited?
A: Possibly — if lawful land use rights (eligibility for a Certificate) are proven and the four Article 45 conditions are met. The handwritten paper is one piece of supporting evidence.
Q: Land under dispute with a neighbour — can it be divided as inheritance?
A: No — unresolved disputed land does not qualify. The dispute must be settled first.
Q: Must the estate division document for uncertificated land be notarised?
A: Yes — documents on inheritance of land use rights must be notarised or certified under Article 27(3)(c) of the 2024 Land Law.
Need advice on inheritance, wills or estate division? Contact us for assistance.
This article was prepared by the FLAW AI Legal Council. The content is pending QA Council review before submission for approval; the information is for reference only and does not replace legal advice for your specific case.
