Việt kiều thừa kế đất nông nghiệp tại Việt Nam có được không? Phân tích chi tiết theo Luật Đất đai 2024 (Luật sư Lê Bình Phương phân tích)Can Overseas Vietnamese Inherit Agricultural Land in Vietnam? Detailed Analysis Under the Land Law 2024 (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

Your parents in Vietnam own 5 plots of rice paddies and 2 plots of garden land. When they pass away, under the Civil Code 2015 you and your siblings are the heirs. But you have been settled in the US for 20 years and no longer hold Vietnamese nationality.

The question: can you inherit the agricultural land?

This is the most complex legal area among all inheritance situations for overseas Vietnamese. Unlike housing attached to residential land (where overseas Vietnamese may hold title directly under the Land Law 2024), standalone agricultural land involves significant restrictions — you have the right to inherit but in most cases do not have the right to hold title.

The good news: this does not mean you lose the asset. What you need to know: it must be handled in the right way to preserve the value.

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🌐 For overseas Vietnamese readers — English summary

Can Overseas Vietnamese Inherit Agricultural Land in Vietnam?

Quick answer: Yes for the right to inherit — but with restrictions on direct title. Standalone agricultural land cannot be registered in your name as an overseas Vietnamese; you must transfer or gift it to an eligible person and receive monetary value, or lease the land.

Key points:

• Agricultural land within the same parcel as a house: full inheritance + title rights (Article 28(1)(h) Land Law 2024).

• Standalone agricultural land: inheritance value only — no title; mandatory transfer/gift to eligible person OR lease arrangement.

• Four practical options: transfer to family member with payment, gift to family, sell to outsider, lease the land.

• 30-year statute of limitations applies to bequests of real estate (Article 623 Civil Code 2015).

• Beware of rezoning — agricultural land near cities may convert to residential and rise sharply in value; structure transfers accordingly.

Legal basis: Land Law 2024 (Articles 28, 44, 45); Civil Code 2015 (Articles 609, 623).

Contact: Master – Lawyer Le Binh Phuong | Phone/Zalo: +84 966 45 45 45 | Ho Chi Minh City, Vietnam | Remote consultation available for clients abroad. Can represent the entire inheritance, transfer and value recovery process via consularized power of attorney.

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Relevant Legal Provisions

Ownership Rights of Overseas Vietnamese — Land Law 2024

Article 44(1) of the Land Law 2024 (Law No. 31/2024/QH15, effective 1 August 2024):

“Persons of Vietnamese origin residing abroad who are permitted to enter Vietnam are entitled to own housing attached to residential land use rights in Vietnam; they have the right to use residential land received through transfer of residential land use rights in housing development projects.”

This provision refers only to “housing attached to residential land” and “residential land in housing development projects” — it does not mention agricultural land. This is the key legal point: the Land Law 2024 does not extend the right to hold title over agricultural land to overseas Vietnamese in the category of “persons of Vietnamese origin residing abroad.”

Right to Inherit Agricultural Land in the Same Parcel as Residential Housing — Article 28

Article 28(1)(h) of the Land Law 2024:

“Persons of Vietnamese origin residing abroad who are permitted to enter Vietnam may purchase or lease-purchase housing attached to residential land use rights, receive residential land use rights in housing development projects; receive by inheritance the residential land use rights and other types of land within the same parcel that has housing, in accordance with civil law…”

This provision opens an important path: “other types of land within the same parcel that has housing” — including garden land, fish ponds, and agricultural land attached to residential housing within the same parcel. Overseas Vietnamese are entitled to inherit together with the housing.

By way of interpretation: if your parents own a 500 m² parcel comprising 200 m² of residential land and 300 m² of agricultural (garden) land — you are entitled to inherit the full 500 m².

Cases Where the Heir is an Overseas Vietnamese Person Not Entitled to Hold Title — Article 45

Article 45(4) of the Land Law 2024: where the heir is a person of Vietnamese origin residing abroad who falls within the category described in Article 44(1), they are entitled to receive the inheritance of land use rights; if they do not fall within that category, they are entitled to receive the value of that inheritance share.

By way of interpretation: even overseas Vietnamese who do not qualify to hold title are still entitled to receive the value of the inheritance in money — the asset is not lost.

Right to Transfer/Gift — Article 44(3)

Article 44(3) of the Land Law 2024 provides that even overseas Vietnamese who do not qualify to hold title may still transfer or donate the inherited land use rights (for the land they inherit) and receive the value in money. This provision applies to all types of land — including agricultural land.

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Analysis and Application

Three Cases of Agricultural Land Inheritance

Case 1 — Agricultural land within the same parcel as residential housing.

This is the easiest situation for overseas Vietnamese. Example: a 600 m² parcel comprising 250 m² of residential housing and 350 m² of adjacent garden land. You inherit the full 600 m² and may hold title directly under Article 28(1)(h) of the Land Law 2024. The legal rationale: agricultural/garden land within the same parcel is treated as “ancillary” to the principal residential land — they are inseparable.

Case 2 — Standalone agricultural land (no housing in the parcel).

This is the most restricted situation. Example: parents have 5 plots of rice paddies at the village (no housing on those plots). You are not entitled to hold title directly. Two options:

(a) Transfer/gift to an eligible person — siblings in Vietnam, relatives, or sell to a third party. You receive the value in money under Article 45(4) and Article 44(3).

(b) Lease the land — if you are not ready to sell immediately, you may lease the agricultural land to another user. You remain the person entitled to the inheritance value and receive annual rent.

Case 3 — Mixed: some residential land + housing, some standalone agricultural land.

The most common situation in practice. Example: parents leave a house in the town centre + 3 plots of paddy fields on the outskirts. Handle each part separately: the house + residential land — overseas Vietnamese hold title directly under Article 44(1); the standalone paddy fields — transfer/gift or lease.

4 Practical Options for Handling Standalone Agricultural Land

Option A — Transfer to siblings in Vietnam.

Suitable when: you have siblings in Vietnam who qualify to hold title and you want to keep the land within the family. Process: both parties sign a transfer contract at the notary office; the sibling holds title on the new certificate; you receive payment at the agreed price. Note: even if transferred at below-market price because the parties are relatives, the personal income tax of 2% of the taxable price set by the state still applies.

Option B — Gift to siblings without receiving payment.

Suitable when: you do not need the asset value and want the family to retain it. A gift between siblings (second-order heirs) is exempt from personal income tax. Process: sign a Deed of Gift of Land Use Rights at the notary office; the recipient completes the title transfer procedure.

Option C — Sell to an outsider and receive payment.

Suitable when: you need the money or have no relatives who qualify to hold title. Process through a broker or direct sale. Pay personal income tax of 2% and registration tax. The proceeds may be remitted abroad in accordance with foreign exchange regulations.

Option D — A domestic co-heir holds title + agrees to share rental income with you.

Suitable when: the land is in an area with active farmers, you are not ready to sell outright, you want to hold the land pending price appreciation or zoning conversion.

Legal structure: Execute a Deed of Estate Distribution at the notary office — the domestic co-heir (brothers, sisters in Vietnam) receives title to the agricultural land in their name; you (the overseas Vietnamese person) receive the equivalent value in money OR a commitment to share income from the land later. Simultaneously execute a Civil Agreement between you and the domestic co-heir (notarised), providing: the co-heir enters into a lease with a farming household; the annual rent is split X% to you and Y% to the co-heir; if the land is later rezoned, the value increase is shared in the same ratio. The co-heir holds title on the Certificate of Land Use Rights, executes the agricultural land lease with the farmer (5–10 years or as agreed), receives the rent and remits your share under the Civil Agreement.

Important note: this option requires a high degree of trust in the domestic co-heir — because legally they are the land user and you only have a civil law right to claim money under the contract. If they sell the land or pass away (the land falls into their children’s inheritance), you will have great difficulty controlling the outcome. The Civil Agreement should specify clearly: dispute resolution mechanism (court or arbitration), security, penalty for breach, and an automatic termination date. Do NOT use the approach of “holding title on behalf” — this is a simulated transaction under Article 124 of the Civil Code 2015 and is void and unprotected (see Warning 2).

The Right Moment — Do Not Delay

Agricultural land received by inheritance must be handled within a reasonable period after the estate opens. Reasons:

(a) Statute of limitations for inheritance — 30 years for real estate under Article 623 of the Civil Code 2015. After expiry, the estate belongs to whoever is managing it.

(b) Title transfer — if among the heirs there are overseas Vietnamese who do not qualify to hold title and others who do, the earlier the estate is declared and divided the better, to avoid disputes.

(c) Zoning and conversion — agricultural land may be converted to residential or non-agricultural land under urban planning. If the overseas Vietnamese person has already transferred their share of agricultural land at a low price before the rezoning, they may lose the opportunity to benefit from the value increase.

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Real-World Situation

Case 1 — Mr T, settled in the US, inheriting a house and adjacent garden land. Mr T’s father passed away in the countryside (Long An), leaving a 1,200 m² parcel comprising: 250 m² of residential housing, 450 m² of adjacent fruit-tree garden, and 500 m² of fish pond next to it. All within the same parcel. Mr T falls in Group 2 (having renounced Vietnamese nationality, holding a US passport). Under Article 28(1)(h) of the Land Law 2024, he is entitled to inherit the full 1,200 m² parcel and hold title directly.

Case 2 — Ms H, settled in Canada, inheriting standalone agricultural land with a brother in Vietnam. Her mother passed away in Can Tho, leaving 3 parcels: a small house (200 m² house + residential land), 5 plots of paddy fields at another commune, and 2 plots of garden land at a third commune. Ms H and her brother are both heirs, each with a 1/2 share. Practical approach: Ms H holds title to 1/2 of the house (within her rights as an overseas Vietnamese person); for the 5 plots of paddy fields and 2 plots of garden land — Ms H transfers her share to her brother in exchange for an agreed payment of VND 800 million. Her brother holds full title to all the agricultural land. Ms H retains 1/2 of the house and receives VND 800 million in cash — remitted to Canada in accordance with foreign exchange regulations.

Case 3 — Mr K, settled in France, inheriting paddy fields with no siblings in Vietnam. Mr K is an only child, settled in France for 35 years. His parents passed away leaving 8 plots of paddy fields at the village. Approach: Mr K grants a power of attorney to a lawyer in Vietnam (via a consular legalised power of attorney) to sell the land to a local buyer through a broker. Sale price: VND 2.8 billion. After paying personal income tax and fees, Mr K receives approximately VND 2.72 billion into his Vietnamese bank account and then remits the funds to France.

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Frequently Asked Questions

Can overseas Vietnamese inherit agricultural land in Vietnam?

→ The right to inherit exists; the right to hold title is limited.

According to lawyer Lê Bình Phương, the Civil Code 2015 confers inheritance rights on all individuals regardless of nationality. Overseas Vietnamese who inherit agricultural land are fully entitled financially. However, Article 44 of the Land Law 2024 does not permit persons of Vietnamese origin residing abroad to hold title over standalone agricultural land — they must transfer/gift and receive the value in money under Article 44(3).

Why can overseas Vietnamese not hold title to agricultural land?

→ Policy to protect land for agricultural production.

According to lawyer Lê Bình Phương, agricultural land is classified by Vietnamese law as a special category — reserved for those directly engaged in production. Article 44 of the Land Law 2024 only permits persons of Vietnamese origin residing abroad to hold title for housing attached to residential land — it does not extend to standalone agricultural land.

Is there any way for overseas Vietnamese to retain inherited agricultural land?

→ There are three main ways.

According to lawyer Lê Bình Phương, three practical options: (a) transfer to a family member who qualifies to hold title — siblings or a lawful donee — with an agreement to divide the value; (b) lease the agricultural land to a user and receive annual rent; (c) if the agricultural land is within the same parcel as residential housing — inherit the full parcel and hold title under the provision on land with housing (Article 28(1)(h) of the Land Law 2024).

What if the agricultural land is in the same parcel as residential housing?

→ It may be inherited together with the housing and title held directly.

According to lawyer Lê Bình Phương, Article 28(1)(h) of the Land Law 2024 provides that persons of Vietnamese origin residing abroad may receive by inheritance the residential land use rights and other types of land within the same parcel that has housing. This includes garden land, fish ponds, and agricultural land attached to residential housing within the same parcel. This is a full right — title may be held directly.

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Important Notes — 4 Warnings

Warning 1 — Do not unilaterally accept a transfer of agricultural land before clarifying your rights. Some brokers advertise “cheap agricultural land for overseas Vietnamese” — this can be a trap. Overseas Vietnamese do not have the right to receive a transfer of standalone agricultural land under the Land Law 2024. Buying without the right to hold title = losing money with no recourse.

Warning 2 — Do not ask relatives to hold title on your behalf. This is a common temptation: you cannot hold title, so you ask a sibling to hold it. The law treats this as a simulated transaction under Article 124 of the Civil Code 2015 — void. When a dispute arises, reclaiming the land is very difficult.

Warning 3 — The 30-year statute of limitations for inheritance — it applies to agricultural land too. Article 623 of the Civil Code 2015 provides a 30-year limitation period for real estate. If parents passed away long ago and you have not yet declared the inheritance, there is a risk of losing the right if someone else is managing the land.

Warning 4 — Zoning can change value overnight. Agricultural land on the urban fringe is often rezoned to residential or non-agricultural land. Once rezoned, the value can multiply. If an overseas Vietnamese person has already transferred their agricultural land share at a low price before the rezoning — the opportunity to benefit from the value increase will be lost. Prevention: check the zoning plan before deciding to transfer or gift; include a clause providing for the return of the value increase if conversion occurs within X years.

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Related Articles

Further analysis on the topic of overseas Vietnamese and real estate by lawyer Lê Bình Phương:

• Overseas Vietnamese inheriting property in Vietnam — rights and roadmap

• Can overseas Vietnamese hold title on the so do in Vietnam?

• Asking someone to hold title on land on your behalf — can you get it back?

• Overseas Vietnamese selling property in Vietnam — procedure and tax

• Overseas Vietnamese powers of attorney for representatives in Vietnam — consular legalisation

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Conclusion

Overseas Vietnamese inheriting agricultural land in Vietnam — the legal right exists but the right to hold title is limited. This is the fundamental difference from housing attached to residential land (for which overseas Vietnamese may hold full title).

The core distinction to remember: (a) agricultural land within the same parcel as residential housing → full right to inherit and hold title under Article 28(1)(h) of the Land Law 2024; (b) standalone agricultural land → the right to inherit exists but the land must be transferred/gifted to an eligible person or leased, and the value received in money.

Four things to do immediately if you are in an agricultural land inheritance situation: (1) classify the land by parcel — which part is in the same parcel as residential housing, which part is standalone; (2) declare the estate at the notary office as early as possible — to avoid the 30-year statute of limitations; (3) consider the transfer/gift/lease option based on your family circumstances; (4) do not ask relatives to hold title on your behalf — this is the highest legal risk.

Agricultural land is not a “lost asset” for overseas Vietnamese — it simply needs to be handled differently. The financial value you receive is not significantly less than if you held title directly.

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If you need advice on a specific strategy for inherited agricultural land:

Contact MBA., Esq. Lê Bình Phương directly: 0966 45 45 45

(Remote consultation by phone/Zalo available for clients abroad. Can represent via consular legalised power of attorney for the entire inheritance declaration, transfer, and value recovery process.)

See also: Who is Lawyer Lê Bình Phương?

Analysis by MBA., Esq. Lê Bình Phương.