When is the time of commencement of inheritance in Vietnam? Is the time when the rights and obligations of heirs arise the time of commencement of inheritance in Vietnam?
When is the time of commencement of inheritance in Vietnam?
Pursuant to Article 611 of the 2015 Civil Code of Vietnam stipulating as follows:
Time and place of commencement of inheritance
1. The time of commencement of an inheritance shall be the time when the deceased dies. Where a court declares that a person is dead, the time of commencement of the inheritance shall be the date provided in Clause 2 of Article 71 of this Code.
2. The place of commencement of the inheritance shall be the last place of residence of the owner of the estate. If the last place of residence is not able to be determined, the place of commencement of the inheritance shall be the place at which all or most of the estate is located.
According to the above provisions, the time of commencement of an inheritance is prescribed as follows:
- The time of commencement of an inheritance shall be the time when the deceased dies.
- Where a court declares that a person is dead, the time of commencement of the inheritance shall be the date provided in Clause 2 of Article 71 of the 2015 Civil Code of Vietnam.
Referring to Article 71 of the 2015 Civil Code of Vietnam stipulating as follows:
Declaration of person dead
1. A person with related rights or interests may request a court to issue a decision declaring that a person is dead in any of the following cases:
a) After three years from the effective date of a court's decision declaring a person missing, there is still no reliable information that such person is alive;
b) The person has disappeared during a war and there is still no reliable information that such person is alive for five years from the end of the war;
c) The person met with an accident, catastrophe or a natural disaster and there is still no reliable information that such person is alive for two years from the end of such accident, catastrophe or natural disaster, unless otherwise provided for by law;
d) The person has been missing for five consecutive years or longer and there is no reliable information that such person is still alive; this time limit shall be calculated in accordance with Clause 1 Article 68 of this Code.
2. A court shall, according to the cases specified in Clause 1 of this Article, determine the date of death of a person declared dead.
3. The decision on declaration of a dead person issued by a court must be sent to the People’s Committees of commune where the dead person resides for record as prescribed in law on civil status affairs.
Thus, a person with related rights or interests may request a court to issue a decision declaring that a person is dead in any of the following cases:
- After three years from the effective date of a court's decision declaring a person missing, there is still no reliable information that such person is alive;
- The person has disappeared during a war and there is still no reliable information that such person is alive for five years from the end of the war;
- The person met with an accident, catastrophe or a natural disaster and there is still no reliable information that such person is alive for two years from the end of such accident, catastrophe or natural disaster, unless otherwise provided for by law;
- The person has been missing for five consecutive years or longer and there is no reliable information that such person is still alive; this time limit shall be calculated in accordance with Clause 1 Article 68 of the 2015 Civil Code of Vietnam.
At that time, the time of opening the inheritance in case the Court declares a person dead is the date of death of the person declared dead, based on the above cases.
When is the time of commencement of inheritance in Vietnam? Is the time when the rights and obligations of heirs arise the time of commencement of inheritance in Vietnam?
Is the time when the rights and obligations of heirs arise the time of commencement of inheritance in Vietnam?
Pursuant to Article 614 of the 2015 Civil Code of Vietnam stipulating the time when the rights and obligations of heirs arise as follows:
Time when rights and obligations of heirs arise
From the time of commencement of an inheritance, the heirs have the property rights and obligations left by the deceased.
According to the above provisions, the time when the rights and obligations of heirs arise are from the time of commencement of an inheritance.
How do the heirs perform property obligations left by the deceased?
Pursuant to the provisions of Article 615 of the 2015 Civil Code of Vietnam, the property obligations left by the deceased are as follows:
- A person entitled to an inheritance has the responsibility to perform the property obligations within the scope of the estate left by the deceased, unless otherwise agreed.
- Where an estate has not yet been divided, the property obligations left by the deceased shall be performed by the administrator of the estate as agreed by the heirs.
- Where an estate has already been divided, each heir shall perform those property obligations left by the deceased corresponding to, but not exceeding, that part of the estate that the heir has inherited, unless otherwise agreed.
- Where the heir inheriting an estate under a will is not a natural person, it must perform the property obligations left by the deceased in like manner as a natural person.
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