Certain misinterpretations about the connection between the household registration book, the right of land occupancy and the right of succession

From the past till now, there have been a lot of people who are confused about the connection between the household registration book, land use right and succession right. This is the reason why a lot of people strongly criticize the intention to enter names of household members in the red book because they mistakenly assume that appearance of their names in the household registration book will assure them a place in the red book. 

This false assumption represents a terrible misinterpretation that existed over a long period of time and can become even more serious if you are a local civil officer or cadastral surveyor. Such misinterpretation leads to a number of different complicated documents and procedures that people are required to follow in case of registration of transfer of the land use right or division of estate, and other formalities relating to the right of land occupancy and the right of succession.   

To make it right, I can reassert that the household registration book, the right of land occupancy and the right of succession are independent and have no interconnection between them which many people are usually misunderstanding at present.  

Pursuant to the 2006 Law on Residence, the household registration book is issued to family households or individuals who have registered their permanent residence, and serves as the basis for identification of permanent residences of citizens. 

This means that the household registration book comprises administrative information about householder, household members and other ones whose permanent residence is at the address specified in the book.   

The household registration book is an approach to management of citizen's permanent residence.

Pursuant to the 2013 Law on Land, tenant household refers to persons who are connected by a marriage, blood or custodial relationship as provided by legislation on marriage and family, cohabits and holds the co-tenancy right as at the date of real property allocation, lease, recognition, or enjoyment of the right to use of the real property conveyed by the Government. 

Accordingly, in order to be eligible for obtaining the land title, household members must satisfy 3 following requirements, including:

Firstly, they are connected by a marriage, blood or custodial relationship.

Secondly, they are cohabiting.

Thirdly, they hold the right to use of the real property on the date of real property allocation, lease, recognition or enjoyment of the right to use of the real property. 

If persons whose names are put down in the household registration book satisfy only the co-habitation requirement in comparison with other household members, they may be neither involved in any marriage, blood or custodial relationship nor entitled to the right to use of the real property.  

This means that those whose names are entered in the household registration book are not surely members of the family household holding tenancy of the real property, but must meet 2 remaining requirements related to relationship and right of use of the real property to be fully eligible for becoming holders of such right. 

Also, in terms of the right of succession, it is mistakenly presumed that those whose names have been entered in the household registration book will certainly inherit the deceased family member’s estate.   The household registration book serves as the basis for identification of the kinship status.

This presumption is absolutely wrong as provided by the 2015 Civil Code because there are 2 types of succession, e.g. testate succession and succession by operation of law. 

Heirs determined by operation of law must comply with the following regulations:

1. Heirs determined by operation of law shall be arranged in the following order of succession: a) Those who are first in line of succession, including spouses, natural or foster parents, natural or adoptive children of the decedent;   b) Those who are second in line of succession, including paternal and maternal grandparents, natural siblings of the decedent; natural grandchildren of the decedent who are their paternal or maternal grandparents; c) Those who are third in line of succession, including paternal and maternal great grandparents of the decedent; natural paternal and maternal uncles or aunts of the decedent; natural nibling of the decedent who are their natural paternal and maternal uncles or aunts; natural great grandchildren of the decedent who are their paternal or maternal great grandparents. 2. Heirs standing in the same line of succession shall be entitled inherit an estate in equal proportions. 3. Those ranked lower in the line of succession shall be entitled to inherit only if all of heirs in the higher places in line of succession dies, do not have entitlement to the estate, are deprived of entitlement to the estate or refuse to inherit the estate.

For many reasons, inheritors regulated above may not have their names entered in the decedent's household registration book. So, in order to prove a relationship with the decedent who enjoyed the right of succession in accordance with laws, the birth certificate or other documents evidencing such relationship must be shown.

In conclusion, there are different ways in which a person is identified as a household member. 

The household registration book is only a document used for identifying members who have already registered their permanent residence at the same address. Regardless of whether household members named in the household registration book are involved in a blood relationship or not, in order to be eligible for enjoying the right of land co-occupancy, they must be connected in a marriage, blood or custodial relationship as co-habitants at the same registered address, and must obtain the right of land occupancy upon the date of land allocation, lease, receipt of the transferred right of land occupancy or recognition of the right of land occupancy.     Also, persons enjoying the right of succession shall be determined according to marriage, blood or custodial relationships prescribed by laws.

I would hope that you can get a clearer understanding of the difference between a connection of the household registration book with the right of land occupancy and that of the household registration book with the right of succession.  

>>> Reading in Vietnamese: Nhầm lẫn về mối quan hệ giữa sổ hộ khẩu, quyền sử dụng đất và quyền thừa kế