Step 1: Declare inheritance at a notary organization
Pursuant to Article 57 of the 2014 Notary Law, heirs need to prepare documents and submit them to the notary organization where the land is located. The dossier includes:
- Proposal to declare inheritance.
- Documents proving inheritance rights: valid ID card, birth certificate, will.
- Documents proving inherited property: Certificate of land use rights, vehicle documents, savings books.
- The inheritance declaration clearly states the list of assets, value and status of each asset.
Step 2: Submit a dossier to register changes in land use rights
According to Article 29 of Decree 101/2024/ND-CP, heirs need to submit a set of documents to the land registration agency, including:
- Application for registration of changes according to Form No. 11/DK.
- Original land use right certificate.
- Contract or document on transfer of land use rights and ownership of assets attached to land.
- Documents on inheritance rights.
- Personal income tax declaration (Form No. 03/BDS-TNCN).
- Documents used as a basis for determining tax exemption (if any).
- Registration fee declaration form according to Form 01/LPTB and fee-free documents (if any).
- Documents of agreement on division or declaration of notarized assets.
Step 3: Financial obligations
After receiving the application, the Land Registration Office will forward the information to the tax authority. Based on the notification, the heir shall fulfill financial obligations such as: fees for granting red books, registration fees, land use fees (if any), and file appraisal fees.
People need to keep invoices and payment documents to present when receiving the red book.
Step 4: Receive results and red book
The time for processing documents must not exceed 10 working days from the date of receiving a complete and valid document. For mountainous communes, islands, remote areas, the settlement time is not more than 20 days.
