Property Without an Heir Will Belong to the Entire People

The handling of assets without heirs is stipulated in Decree 29/2018/ND-CP as follows:

Within 07 working days from the date of receiving a written refusal of the right to inheritance by the heir, or a judgment, decision from the Court determining that the person is not entitled to the inheritance, or from the expiration date of the statute of limitations for claiming the inheritance without any possessor, the notary public or the People's Committee of the commune where the inheritance is opened shall have the responsibility to prepare 01 dossier and send it to the Finance and Planning Department.

The dossier includes:

- Report on the inheritance opening process for the estate: 01 original.- Inventory of types, quantities, volumes, and current status of the estate: 01 original.- Relevant documents and materials related to the inheritance opening process, written refusal of the right to inheritance, court judgment or decision determining the person is not entitled to the inheritance (if any): 01 copy.

- For assets under the authority of the Chairman of the district-level People's Committee to establish state ownership, within 07 working days from the date of receiving the complete dossier, the Finance and Planning Department shall prepare a proposal and submit it along with the dossier to the Chairman of the district-level People's Committee for a decision to establish state ownership of the asset.

- For assets under the authority of the Chairman of the provincial-level People's Committee or authorized person as delegated by the provincial-level People’s Council to establish state ownership, within 07 working days from the date of receiving the complete dossier, the Finance and Planning Department shall prepare a proposal and submit it along with the dossier to the district-level People's Committee, which will then send it to the Department of Finance for submission to the Chairman of the provincial-level People's Committee or authorized person as delegated by the provincial-level People's Council to make a decision to establish state ownership of the asset.

Within 07 working days from the date of receiving the complete dossier mentioned above, the Chairman of the district-level People's Committee, Chairman of the provincial-level People's Committee shall issue a decision to establish state ownership of the asset.

See more Decree 29/2018/ND-CP effective from March 05, 2018.

- Thanh Lam -

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