DETERMINING THE TIME AND PLACE OF ESTATE OPENING UNDER VIETNAMESE CIVIL LAW

1. Time of Estate Opening

1.1 Time of estate opening under the Civil Code

According to Clause 1, Article 611 of the Civil Code 2015:

“The time of opening inheritance is the time when the person owning the estate dies.”

If the deceased is declared dead by a court, the estate is considered opened on the date specified in the court's judgment or decision.

1.2 Basis for determining time of death

The time of death can be verified through:

Death certificate;
Death notice issued by a medical facility;
Official confirmation from competent authorities (for cases of accident, execution, disappearance...);
Court decision declaring death.
The time of estate opening can be determined precisely to the date or even exact hour, if necessary.

1.3 Legal significance of the time of estate opening

Determines lawful heirs (must be alive or conceived at the time of estate opening);
Marks the point when a will becomes effective (Article 643, Civil Code);
Defines the assets considered part of the estate;
Triggers the statute of limitations for inheritance claims (Article 623, Civil Code):
30 years for real estate;
10 years for movable assets;
3 years for debt-related obligations.

2. Place of Estate Opening

2.1 How to determine the place of estate opening

According to Clause 2, Article 611 of the Civil Code 2015:

“The place of opening inheritance is the last place of residence of the deceased; if this cannot be determined, it shall be the place where the entire or most of the estate is located.”

The last place of residence may be:

Permanent residence address;
Temporary residence (if no permanent address exists);
Actual place of living prior to death.
If the last residence cannot be determined → the location of the majority or entirety of the estate is used instead.

2.2 Legal significance of the place of estate opening

Basis for asset declaration and estate management;
Determines the jurisdiction of the Court in inheritance disputes;
Ensures estate protection in the absence of an heir or estate administrator.