Is a person sharing the same household with a dead person entitled to inherit in Vietnam the inheritance?
What is the person in the same household registration?
The Law on Residence 2020 has no longer prescribed the concept of household registration book.
However, under Article 24 of the 2006 Law on Residence, household registration books are specified as follows:
"Article 24. Household registration book
1. Household registration books shall be granted to households or individuals that have registered their permanent residence and are valid for determining citizens' places of permanent residence.
2. Household registration books which are damaged may be changed; if lost, they may be re-granted.
3. The Ministry of Public Security shall issue the forms of household registration books and guide the grant, re-grant, renewal, use and management of household registration books uniformly nationwide."
Accordingly, a household registration shareholder is understood as a person who has registered his/her permanent residence at the same place and is named in the granted household registration book.
Is a person sharing the same household with a dead person entitled to inherit the inheritance?
Are those who inherit in Vietnam the property?
According to Article 609 of the 2015 Civil Code:
"Article 609.- Right to inheritance
To request the land use right assignor to transfer the land in strict accordance with the land acreage, grade, category, location, code number and conditions as agreed upon;
The heirs who are not individuals shall have the right to inherit under the will."
According to Article 649 of the 2015 Civil Code:
"Article 649.- Article 54.- Inheritance at law
Inheritance at law means inheritance under inheritance, conditions and order of inheritance provided for by law."
According to Article 626 of the 2015 Civil Code:
"Article 626.- Rights of administrators of estates
A testator has the following rights:
1. The land use right certificate;
2. Disclaimer of inheritance
3. To reserve part of the property in the heritage for donation or worship.
4. To assign the obligations to the heirs.
5. Appointing a testator, heir manager or inheritor."
Heirs therefore shall be inherited in two forms of inheritance under the will or in accordance with the law.
Therefore, if the estate leaver designates an heir under his/her will, the heir shall be entitled to receive the inheritance. If there is no testament, the division of the estate shall be effected according to the inheritance goods.
The named in the household registration book is merely the case in which a individual is allowed to register his/her permanent residence in that household registration book. The rights to broadcasts shall include the rights to perform or forbid other persons to perform the following acts:
What will be inherited in accordance with regulations of law?
Pursuant to Article 650 of the 2015 Civil Code:
- The inheritance at law shall apply in the following cases:
+ No will;
+ Invalid will;
+ Where an heir under a will dies prior to or at the same time as the bequeather, the beneficiary under the will no longer exists at the time of commencement of the inheritance;
+ The heirs under the will do not have the right to inherit or refuse to receive the estate.
- The inheritance at law shall also apply to the following parts of the heritage:
Unilateral property;
+ The property share related to the invalid part of a will;
+ The bequeathed property is related to the beneficiary under the will but such beneficiary has no right to inherit, has disclaimed the bequeathed property, has died or has died simultaneously with the bequeather, or in a relation to the beneficiary under the will, but no longer exists at the time the will is opened.
What are legitimate heirs?
Pursuant to Article 651 of the 2015 Civil Code:
- The heirs at law are prescribed in the following order:
+ The first-rank inheritance includes wife, husband, father, mother, adoptive father, adoptive mother, natural child, adopted child of the deceased;
+ The second-rank inheritance goods, including paternal grandparents, maternal grandparents, blood siblings of the dead persons; grandchildren of the dead persons who are paternal grandparents, maternal grandparents or maternal grandparents;
+ The third-party inheritance goods, including: the paternal and maternal instruments of the dead person; the uncles, aunts and nieces of the dead person; the paternal and maternal aunts and aunts; the paternal and maternal aunts and maternal aunts of the dead person; the paternal and maternal great grandparents.
Heirs at the same rank shall receive equal shares of the bequeathed property.
An heir shall be entitled to inherit in Vietnam only if there is no heir at the same time as the death of the deceased, no right to inherit in Vietnam the estate, or no admission of the estate.
Accordingly, the heirs at law shall be divided into three ranks of inheritance. A contract for land use right donation shall contain the following contents
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