DIVISION OF INHERITANCE ACCORDING TO CURRENT VIETNAMESE LAW

The division of inheritance is a crucial step in settling the rights and obligations of all related parties after a person passes away. Vietnamese civil law clearly outlines the procedures and principles for distributing inheritance either by will or by law. ADVN Law will guide you through each step to ensure a lawful and proper division.

1. Who has the right to divide the inheritance?

According to Article 657 of the 2015 Civil Code, those entitled to divide the estate include:

· The person appointed in the will;

· The person agreed upon by the legal heirs.

The estate must be divided in accordance with the terms of the will or based on the mutual agreement among the heirs. The person dividing the estate may receive remuneration if permitted by the will or agreed by the heirs.

2. Methods of inheritance division

2.1. Division by will

Under Article 659 of the Civil Code, if the deceased left a valid will, the estate will be divided according to their wishes. Key principles include:

· If the will does not specify portions: divide equally;

· If divided by specific assets: the heir receives the item along with its yield or bears any depreciation in value;

· If divided by percentage: the share is calculated based on the estate’s value at the time of division.

2.2. Division by law

Applicable in the following cases:

· No will was left;

· The will is partially or wholly invalid;

· The heir named in the will has passed away, has no right to inherit, or refuses the inheritance.

- Inheritance by law is divided according to statutory heir classes. Heirs may:

· Create a Written Agreement on Estate Division;

· Or sign a Declaration of Inheritance if there is only one heir or if all heirs agree not to divide.

3. Legal procedures for inheritance division

Step 1: Prepare documents

Including:

· Request for notarization;

· Personal ID and death certificate;

· Documents proving heir relationship;

· Draft of the agreement or declaration (if available);

· Property documents (land use rights, vehicle registration, etc.).

Step 2: Public notice

Post a notice at the People’s Committee of the ward/commune where the deceased last resided. Notice period: 15 days.

Step 3: Sign notarization and receive results

If no objections arise during the notice period, the notary guides the heirs to sign and complete the notarized documents. Heirs then receive the original notarized documents.

4. Cases of restricted inheritance division

According to Article 661 of the Civil Code, estate division may be postponed in these situations:

· If agreed upon by all heirs or specified in the will, the estate can only be divided after a set period;

· If division seriously affects the surviving spouse’s livelihood, they may request the court to delay division for up to 3 years, with a one-time extension of an additional 3 years if needed.

Contact A.D.V.N Law for professional support

If you need more information or support, please contact ADVN LAW for detailed advice.

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