CASE LAW NO. 68/2023/AL On the Right to Inherit Property in the Form of a House for Vietnamese Nationals Residing Abroad (Please note that this image is not related to the specific case being discussed).

CASE LAW NO. 68/2023/AL

On the Right to Inherit Property in the Form of a House for Vietnamese Nationals Residing Abroad

Approved by the Judicial Council of the Supreme People’s Court on August 18^th, 2023, and published under Decision No. 364/QĐ-CA dated October 1^st, 2023, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Cassation Decision No. 06/2019/DS-GĐT dated March 18^th, 2019, of the Judicial Council of the Supreme People’s Court regarding the civil case of “Inheritance dispute, claim for contributions towards maintenance, caretaking, and preservation of the house and land, and claim for the house and land” between the plaintiff, Mrs. Nguyễn Túy H, and the defendant, Mrs. Lý Lan H1; the interested parties including 06 people.

Location of the Case Law’s Content:

Paragraph 5 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The decedent, who owned a house and land, passed away before the Land Law 2013 and the Housing Law 2014 came into effect. The inheritance dispute was adjudicated when these laws were in force.

– Legal Resolution:

In this case, the Court applied the Land Law 2013 and the Housing Law 2014 for resolution. If there is an heir who is a Vietnamese national residing abroad, the heir is entitled to inherit the property in the form of a house if they meet the conditions set out in the Housing Law 2014, and if the inheritance can be divided in kind.

Relevant Legal Provisions:

– Point d, Clause 1, Article 169; Article 186 of the Land Law 2013;

– Clause 1, Point b, Clause 2, Article 8 of the Housing Law 2014.

Keywords:

“Vietnamese residing abroad”; “Conditions for inheriting a house”; “Applicable law”.

CASE DETAILS

1. Inheritance Distribution Case:

In the complaint filed on August 24^th, 2009, and September 24^th, 2009, supplemented on October 22th, 2009, and during the proceedings, the plaintiff, Mrs. Nguyễn Túy H, stated the followings:

Her parents, Mr. Lý Vĩnh K and Mrs. Nguyễn Thị B, lived together and had one child, Mrs. Nguyễn Túy H. In 1950, Mr. K and Mrs. B no longer lived together. Later, Mr. K married Mrs. Nguyễn Ngọc H2, and they had one child, Mrs. Lý Lan H1.

The origin of the house and land at 151B N Street, M Ward, P District, Hồ Chí Minh City, belonged to Mr. K and Mrs. H2. Mr. K passed away in 1978, Mrs. B in 2000, and Mrs. H2 in 2009. Mr. K, Mrs. B, and Mrs. H2 passed away without leaving a will.

In reality, the Appellate Civil Judgment No. 6/DS-PT dated June 26^th, 1981, by the Appellate Court of the Supreme People’s Court in Hồ Chí Minh City, determined the joint property of Mr. K and Mrs. H2 to be the house at 151B G Street (now N Street), M Ward, P District, Hồ Chí Minh City. Additionally, it awarded Mrs. H2 the right to own the entire house (a property attached to the land) and some household items in the house, while requiring her to compensate the heirs a certain amount to gain full ownership of the house.

The judgment did not address the residential land use rights under land certificates No. 1947 (500m²) and No. 1948 (440m²), which were joint properties of Mr. K and Mrs. H2. Therefore, the land mentioned above remains the joint property of Mr. K and Mrs. H2.

Land certificates No. 1947 and No. 1948, established in 1970, no longer reflect the current land area accurately. Thus, Mrs. H and Mrs. H1 agreed to use the current status map of the house at 151B, created upon the Court’s request by the authorities on March 11^th, 2011, and verified by the People’s Committee of P District as the basis for determination.

Now, Mrs. H requests the inheritance to be divided according to the law, specifically requesting a division and receipt of the property in kind of an area of 120m² (7m width adjacent to the alley at 151B N Street and 17.14m length bordering the land of Mr. Trần Quốc H3’s house at 151C N Street).

The defendant, Mrs. Lý Lan H1, authorized Mrs. Huỳnh Thị Kim L to represent her and presented the following:

She concurred with Mrs. H’s statement regarding the personal relationships between Mr. Lý Vĩnh K, Mrs. Nguyễn Thị B, and Mrs. Nguyễn Ngọc H2, and the origin of the house and land at 151B N Street, M Ward, P District, Hồ Chí Minh City. Mr. K and Mrs. H2 passed away without leaving a will.

Therefore, she, representing Mrs. Lý Lan H1, agreed with the plaintiff, Mrs. Nguyễn Túy H’s request for the division and receipt of the inheritance property of an area of 120m² (7m width adjacent to the alley at 151B N Street and 16.14m length bordering the land of Mr. Trần Quốc H3’s house at 151C N Street).

1. Case of Claim for Contributions towards Maintenance, Caretaking, and Preservation of the House and Land:

According to the complaint dated January 29^th, 2010, by Mr. Nguyễn Quang D, and during the proceedings, Mrs. Trần Thị Thu H4, authorized representative, presented the followings:

The land at 151B N Street, M Ward, P District, Hồ Chí Minh City, originally belonged to Mrs. Nguyễn Ngọc H2 and Mr. Lý Vĩnh K, according to land certificates No. 1947 (500m²) and No. 1948 (440m²). These certificates were issued in 1970 in the names of Mr. K and Mrs. H2.

Mrs. H2 was the maternal aunt of Mr. Nguyễn Quang D. Mr. D lived with Mr. K and Mrs. H2 in the aforementioned house from 1971. Mrs. H2 had a legally recognized daughter, Mrs. Lý Lan H1. After Mr. K passed away, Mrs. H1 illegally emigrated to the United States in 1978.

Mrs. H2, often ill and unable to maintain the property, asked Mr. D to transfer his household registration to live with her and take care of the property. Mr. D officially transferred his household registration to Mrs. H2’s house on February 12^th, 1985. At Mrs. H2’s request, Mr. D sold his house at 524/27 K Street, B Ward, P District in 1984 and moved to 151B N Street to help care for and support Mrs. H2 until she passed away in March 2009 at the same house.

In 1998, Mrs. H2 emigrated to the United States for family reunification. Before her departure, Mrs. H2 authorized Mr. D to manage, use, and take responsibility for the house and land mentioned above through a power of attorney signed at the Notary Office A in Hồ Chí Minh City on January 3^rd, 1998.

At the end of 2006, Mrs. H2 returned to Vietnam and temporarily stayed at 151B N Street, M Ward, P District, for two years. Later, she wished to remain in Vietnam, so Mr. D completed the procedures to sponsor her household registration. Mrs. H2, old and frequently ill, was cared for solely by Mr. D, who also took her to medical appointments. Mrs. H2 passed away on March 21^st, 2009, and Mr. D alone bore all funeral and cremation expenses amounting to VND 26,000,000.

In June 2009, Mr. D discovered that the People’s Committee of M Ward, P District, had posted Notice No. 324/CC7 dated April 20^th, 2009, from the Notary Office K, Hồ Chí Minh City, which included an inheritance declaration stating that Mrs. H1, the daughter of Mr. K and Mrs. H2, was the claimant. Mrs. H1 did not discuss the inheritance matter with Mr. D.

Mr. D now requests that Mrs. Lý Lan H1 allocate him 180m² of land as compensation for his contributions towards caring for Mrs. H2 and managing the property for nearly 30 years. Furthermore, since Mrs. H1 resides in the United States and holds U.S. citizenship, Mr. D requests to receive the entire property in kind and compensate Mrs. H1 in value.

In the counterclaim dated July 29^th, 2014, and during the proceedings, Mrs. Trần Ngọc Kim C, representing Mrs. Lý Lan H1, stated:

She agreed with the plaintiff’s statement regarding the lineage and the origin of the house at 151B N Street, M Ward, P District, Hồ Chí Minh City.

After Mrs. H2 passed away in 2009, Mrs. H1 completed the procedures for inheritance declaration per Inheritance Declaration No. 10475 certified by Notary Office K, Hồ Chí Minh City, on June 16^th, 2009; and completed the declaration of registration fees as per Notice No. 1543 of the Tax Department of P District on June 22^nd, 2009.

During the inheritance declaration process, Mr. D was aware and did not object. The inheritance declaration was publicly posted at the People’s Committee of M Ward, P District, and no disputes or complaints were filed regarding the property.

Regarding funeral expenses for Mrs. H2, Mrs. H1 paid Mr. D VND 10,000,000, and she has no further obligation to Mr. D. Throughout the period, Mr. D used the property to run a coffee shop and has profited from it since 1985.

Therefore, Mrs. H1 disagrees with Mr. D’s request for 180m² of land as compensation for his contributions towards caring for and managing the property. Additionally, she requests that Mr. Nguyễn Quang D and his family relinquish the property to Mrs. Lý Lan H1 once the court’s judgment or decision becomes effective.

Other interested parties, Mrs. Nguyễn Thị Hương L1, Mr. Nguyễn Quang D1, and Mrs. Huỳnh Thị Bích N, agreed with Mr. Nguyễn Quang D’s statements.

Pursuant to the Decision to Merge Cases No. 345/2013/QĐST-DS dated March 29^th, 2013, the People’s Court of Hồ Chí Minh City decided to merge the civil case No. 111/2010/TLST-ST dated March 23^rd, 2010, regarding “Claims for Contributions and Care” between the plaintiff Mr. Nguyễn Quang D and the defendant Mrs. Lý Lan H1, with the civil case No. 16/2013/TLST-DS dated January 7^th, 2013, regarding “Inheritance Dispute” between the plaintiff Mrs. Nguyễn Túy H and the defendant Mrs. Lý Lan H1.

In the First-instance Civil Judgment No. 409/2015/DS-ST dated May 5^th, 2015, the People’s Court of Hồ Chí Minh City ruled:

– Accept the plaintiff Mrs. Nguyễn Túy H’s request.

1. Acknowledge the voluntary agreement between Mrs. Nguyễn Túy H and Mrs. Lý Lan H1 (represented by Mrs. Huỳnh Thị Kim L), as follows:

1.1. Determine the inheritance left by Mr. Lý Vĩnh K and Mrs. Nguyễn Ngọc H2 to be the land use rights of 698.14m² located at 151B N Street, M Ward, P District, Hồ Chí Minh City.

1.2. The first-line heirs of Mr. Lý Vĩnh K includes Mrs. Nguyễn Ngọc H2, Mrs. Nguyễn Túy H, and Mrs. Lý Lan H1.

1.3. Mrs. Nguyễn Túy H will receive and own 120m² of land (7m frontage to the alley at 151B N Street, M Ward, P District), as per the current status map prepared by Q Surveying Mapping Design Construction Trading Service Co., Ltd. on March 11^th, 2011, and verified by the People’s Committee of P District on April 14^th, 2011.

1.4. Mrs. Nguyễn Túy H is entitled to contact the relevant authorities to complete the procedures for subdividing the land and registering for the issuance of the Land Use Rights Certificate in accordance with the law.

2. Acceptance of Mr. Nguyễn Quang D’s Claim:

2.1. It is recognized that Mr. Nguyễn Quang D has contributed significantly to the care and maintenance of Mrs. Nguyễn Ngọc H2, handling her funeral arrangements, and managing the property located at 151B N Street, M Ward, P District, Hồ Chí Minh City.

2.2. Mr. Nguyễn Quang D is allocated 120m² of land, shaped like an L, bordered on the left by the land allocated to Mrs. Nguyễn Túy H and on the right by the main house at 151B N Street, M Ward, P District, as per the current status map prepared by Q Surveying Mapping Design Construction Trading Service Co., Ltd., dated March 11^th, 2011, and verified by the People’s Committee of P District on April 14^th, 2011. This allocation is in recognition of his contributions to the care and maintenance of Mrs. Nguyễn Ngọc H2 and the property.

2.3. Mr. Nguyễn Quang D is entitled to receive in kind the entire inheritance portion of Mrs. Lý Lan H1, which includes 458.14m² of land and the building structures (remaining land after division to Mrs. H and Mr. D) as per the current status map prepared by Q Surveying Mapping Design Construction Trading Service Co., Ltd., dated March 11^th, 2011, and verified by the People’s Committee of P District on April 14^th, 2011. This is because Mrs. H1 does not meet the requirements to hold property rights according to the law.

2.4. Mr. Nguyễn Quang D is responsible for compensating Mrs. Lý Lan H1 for the entire value of the land use rights and the building value at 151B N Street, M Ward, P District, Hồ Chí Minh City, which she inherited, amounting to VND 23,476,516,675 (twenty-three billion four hundred seventy-six million five hundred sixteen thousand six hundred seventy-five dong), within 6 months from the effective date of the judgment.

Additionally, the first-instance court also decided on court fees and appeal rights.

On May 13^th, 2015, Mrs. Trần Ngọc Kim C, representing the defendant, filed an appeal against the decision to allocate 120m² of land to Mr. D and to give Mrs. H1 the entire inheritance in kind.

On May 15^th, 2015, Mrs. Trần Thị Thu H4, representing Mr. D, appealed for a revaluation of the disputed property.

On May 20^th, 2015, the Chief Procurator of the People’s Procuracy of Hồ Chí Minh City filed an appeal against the aforementioned First-instance Civil Judgment, arguing that the decision to allocate the entire inheritance to Mr. D and compensate Mrs. H1 was incorrect. Furthermore, the decision for Mr. D to compensate Mrs. H1 VND 23,476,516,675 within 6 months from the effective date of the judgment was also incorrect.

In the Appellate Civil Judgment No. 71/2016/DS-PT dated April 21^st, 2016, the High People’s Court in Hồ Chí Minh City decided:

Accept part of the appeal by the Chief Procurator of the People’s Procuracy of Hồ Chí Minh City; accept the appeal (regarding the valuation) by Mr. Nguyễn Quang D, represented by Mrs. Trần Thị Thu H4; reject the appeal by Mrs. Lý Lan H1; and amend the First-instance Judgment.

1. Determine that the first-line heirsof Mr. Lý Vĩnh K and Mrs. Nguyễn Ngọc H2 are Mrs. Nguyễn Túy H and Mrs. Lý Lan H1.
2. Confirm that the inheritance left by Mr. Lý Vĩnh K and Mrs. Nguyễn Ngọc H2 is the land use rightsof 698.33m² located at 151B N Street, M Ward, P District, Hồ Chí MinhCity. Additionally, Mrs. H2 also left behind the house at 151B N Street, M Ward, P District, Hồ Chí Minh City.
3. Confirm that Mr. Nguyễn Quang D has contributed significantly to the care and maintenance of Mrs. Nguyễn Ngọc H2, handling her funeral arrangements, and managing the property located at 151B N Street, M Ward, P District, Hồ Chí MinhCity.

Appellate Court’s Rulings:

1. Accept the claim by the plaintiff, Mrs. Nguyễn Túy H.

– Acknowledge the voluntary agreement between Mrs. Nguyễn Túy H and Mrs. Lý Lan H1 (represented by Mrs. Huỳnh Thị Kim L), as follows: Mrs. H will receive and own 120m² of land with a 7m frontage to the alley at 151B N Street, M Ward, P District (measured from the boundary adjacent to the house at 151C N Street, M Ward, P District) and a length of 17.14m adjacent to the land of house No. 151C N Street, M Ward, P District, Hồ Chí Minh City,

owned by Mr. Trần Quốc H3, as per the current status map prepared by C Co., Ltd., and verified by the People’s Committee of P District on December 17^th, 2015.

– Mrs. Nguyễn Túy H is entitled to contact the relevant authorities to complete the procedures for subdividing the land and registering for the issuance of the Land Use Rights Certificate as per the law.

2. Accept the claim by Mr. Nguyễn Quang D.

– Mr. Nguyễn Quang D is allocated 120m² of land, shaped like an L, bordered on the left by the land allocated to Mrs. Nguyễn Túy H and on the right by the main house at 151B N Street, M Ward, P District (with a 2.85m frontage to the alley at 151B N Street, M Ward, P District; a rear width of 9.85m; a length of 24.365m adjacent to the main house at 151B N Street, M Ward, P District; and a remaining left-side length of 7.225m), as per the current status map prepared by C Co., Ltd., and verified by the People’s Committee of P District on December 17^th, 2015.

3. Mr. Nguyễn Quang D is entitled to receive in kind the entire inheritance portion of Mrs. Lý Lan H1, including 458.33m² of land and the building structures, as per the current status map prepared by C Co., Ltd., and verified by the People’s Committee of P District on December 17^th, 2015. Mr. Nguyễn Quang D must compensate Mrs. Lý Lan H1 for the entire value of the land use rights and the building value at 151B N Street, M Ward, P District, Hồ Chí MinhCity, amounting to VND 15,822,085,210.

Additionally, the appellate court also decided on court fees.

After the appellate trial, Mrs. Lý Lan H1 submitted a request for a cassation review of the aforementioned Appellate Civil Judgment.

In the Decision No. 06/QĐKNGĐT-VKS-DS dated October 18^th, 2018, the Chief Procurator of the Supreme People’s Procuracy filed an appeal against Appellate Civil Judgment No. 71/2016/DS-PT dated April 21^st, 2016, of the High People’s Court in Hồ Chí Minh City, and requested the Judicial Council of the Supreme People’s Court to conduct a cassation review to vacated both the aforementioned Appellate Civil Judgment and the First-instance Civil Judgment No. 409/2015/DS-ST dated May 5^th, 2015, of the People’s Court of Hồ Chí Minh City,

regarding the contribution claim for the care, maintenance, and management of the house and land; and to remand the case files to the People’s Court of Hồ Chí Minh City for a new first-instance trial according to legal provisions.

At the cassation hearing, the representative of the Supreme People’s Procuracy withdrew the protest regarding procedural issues and requested the Judicial Council of the Supreme People’s Court to accept the Chief Procurator’s cassation appeal.

COURT’S OPINION:

[1] At the Court, the plaintiff, Mrs. Nguyễn Túy H, and the defendant, Mrs. Lý Lan H1, reached an agreement to allocate 120m² out of the total 698.33m² of land left by Mr. Lý Vĩnh K and Mrs. Nguyễn Ngọc H2 to Mrs. H. Consequently, the first-instance and appellate courts’ acknowledgment of the voluntary agreement of the litigants is in accordance with the law. This specific aspect was not appealed by the Chief Procurator of the Supreme People’s Procuracy.

[2] Regarding the property valuation, on February 1^st, 2016, the appellate court re-evaluated the house and land at 151B N Street, M Ward, P District, Hồ Chí Minh City, but failed to notify the plaintiff and the defendant. This omission violates legal provisions and contravenes Clause 2, Article 92 of the 2004 Civil Procedure Code, as amended and supplemented in 2011, now reflected in Clause 4, Article 104 of the 2015 Civil Procedure Code.

However, at the cassation hearing, the representative of the Supreme People’s Procuracy withdrew the appeal and did not request the Judicial Council to review the property valuation, leading the Judicial Council to not consider this matter.

[3] Concerning the contribution of Mr. Nguyễn Quang D, in 1978, Mrs. Lý Lan H1 emigrated to the United States, leaving only Mrs. Nguyễn Ngọc H2 residing at 151B N Street, M Ward, P District, Hồ Chí Minh City. According to the records, since 1982, Mr. D, Mrs. H2’s nephew, had been living with Mrs. H2 at 151B N Street, M Ward, P District, and by 1985, Mr. D and his children had transferred their household registration to this address.

In 1998, Mrs. H2 emigrated to the United States and authorized Mr. D to manage and use the house, as evidenced by the Authorization Contract certified by Notary Office A in Hồ Chí Minh City on January 3^rd, 1998.

In 2007, Mrs. H2 returned to reside in Vietnam, and Mr. D committed to sponsoring Mrs. H2’s repatriation procedures, as stated in Mr. D’s commitment dated December 17^th, 2007, and certified by the People’s Committee of M Ward on December 18^th, 2007.

At this time, Mrs. H2 was elderly, and with Mrs. H1 emigrating in 1978 and leaving no one to care for Mrs. H2, Mr. D took on the responsibility of directly caring for and nurturing Mrs. H2 until her death. Mr. D also handled all funeral arrangements, a fact acknowledged by Mrs. H1’s authorized representative.

[4] Thus, it is established that Mr. D had a significant role in managing and maintaining the property and concurrently contributed to the care, nurturing, and funeral arrangements for Mrs. H2. However, at the Court, all parties confirmed that while managing and using the house at 151B N Street, M Ward, P District, Hồ Chí Minh City, Mr. D operated a coffee shop for profit, evidenced by Individual Business Household Registration Certificate No. 1657/HKD dated July 31, 2000.

In this situation, it was necessary to clarify the extent of property maintenance, the expenses for care, nurturing, and funeral arrangements at Mrs. H2’s death, and the income from the coffee shop business to appropriately determine Mr. D’s contributions.

The first-instance and appellate courts did not clarify these matters but allocated Mr. D a contribution of 120m² out of the total 698.33m² of land, equivalent to an inheritance share like Mrs. Nguyễn Túy H. This allocation lacks a basis and affects Mrs. H1’s rights.

[5] Regarding the allocation of the inheritance share of Mrs. Lý Lan H1 to Mr. Nguyễn Quang D:

According to Clause 3, Article 186 of the 2013 Land Law: “In cases where all heirs of land use rights, house ownership rights, and other assets attached to the land are foreigners or Vietnamese residing abroad who are not eligible to purchase houses attached to residential land use rights in Vietnam as stipulated in Clause 1 of this Article, the heirs shall not be granted a Certificate of Land Use Rights, House Ownership Rights, and other assets attached to the land but are allowed to transfer or donate the inherited land use rights as per regulations…”.

According to Clause 4, Article 186 of the 2013 Land Law: “In cases where among the heirs, there are Vietnamese residing abroad who are not eligible to purchase houses attached to residential land use rights in Vietnam while others are eligible to inherit land use rights as per the law on land, and the inheritance of land use rights has not yet been divided among the heirs, the heirs or their authorized representative shall submit inheritance documents to the land registration office to update the cadastral records.

Once the inheritance division is completed, a Certificate of Land Use Rights, House Ownership Rights, and other assets attached to the land shall be issued to the eligible heirs; for Vietnamese residing abroad who are not eligible to purchase houses attached to residential land use rights in Vietnam, their inheritance shall be handled according to Clause 3 of this Article.”

Therefore, even if Mrs. H1 is not eligible for a Certificate of Land Use Rights, she is still entitled to transfer or donate the inherited land use rights. The first-instance and appellate courts based their decisions on Article 186 of the 2013 Land Law, determining that Mrs. H1 is not eligible for a Certificate of Land Use Rights and subsequently allocated the entire physical inheritance, including the house and 485.33m² of land, to Mr. D.

Mr. D was then required to compensate Mrs. H1 for the land use rights and house construction value amounting to VND 15,822,058,210, which was not in accordance with legal provisions.

Moreover, at the time of the appellate trial, the 2014 Housing Law was in effect. According to Clause 1 and Point b, Clause 2, Article 8 of the 2014 Housing Law, Mrs. H1 was eligible to inherit housing in Vietnam. Given this change in the law, the appellate court should have correctly amended the first-instance judgment and allocated the entire physical inheritance to Mrs. H1.

[6] Therefore, it is necessary to accept the appeal of the Chief Procurator of the Supreme People’s Procuracy to vacate part of the Appellate Civil Judgment and part of the First-instance Civil Judgment regarding the division of contributions for care, maintenance, and management of the house and land and the allocation of physical inheritance for a new first-instance trial in accordance with the law.

In light of the foregoing,

IT IS DECIDED:

Pursuant to Clause 2, Article 337; Clause 3, Article 343; and Article 345 of the Civil Procedure Code:

1. TheCassation AppealDecision No. 06/QĐKNGĐT-VKS-DS dated October 18^th, 2018, of the Chief Procurator of the Supreme People’s Procuracy, is accepted.
2. Part of Appellate Civil Judgment No. 71/2016/DS-PT dated April 21^st, 2016, of the High People’s Court in Hồ Chí MinhCity and part of First-instance Civil Judgment No. 409/2015/DS-ST dated May 5^th, 2015, of the People’s Court of Hồ Chí Minh Citybetween the plaintiff Mrs. Nguyễn Túy H and the defendant Mrs. Lý Lan H1, and the interested parties regarding the division of contributions for care, maintenance, and management of the property corresponding to 120m² of land for Mr. Nguyễn Quang D and the allocation of the entire physical inheritance of Mrs. Lý Lan H1 to Mr. Nguyễn Quang D, are vacated.
3. The case file is remanded to the People’s Court of Hồ Chí Minh City for a new first-instance trial according to the law.

CONTENT OF THE CASE LAW:

“[5] … Therefore, even if Mrs. H1 is not eligible for a Certificate of Land Use Rights, she is still entitled to transfer or donate the inherited land use rights. The first-instance and appellate courts based their decisions on Article 186 of the 2013 Land Law, determining that Mrs. H1 is not eligible for a Certificate of Land Use Rights and subsequently allocated the entire physical inheritance, including the house and 485.33m² of land, to Mr. D.

Mr. D was then required to compensate Mrs. H1 for the land use rights and house construction value amounting to VND 15,822,058,210, which was not in accordance with legal provisions.

Moreover, at the time of the appellate trial, the 2014 Housing Law was in effect. According to Clause 1 and Point b, Clause 2, Article 8 of the 2014 Housing Law, Mrs. H1 was eligible to inherit housing in Vietnam. Given this change in the law, the appellate court should have correctly amended the first-instance judgment and allocated the entire physical inheritance to Mrs. H1.”

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