What is order and procedure for declaring inheritance in Vietnam?

What is order and procedure for declaring inheritance in Vietnam?

My parents bought a house (before 1985). My parents have 3 children. My father died in 2010 and my mother died in 2012 and did not leave a will. The Certificate of land use rights was issued in 2009 in my parents' name. Currently, 3 of us are still living in the house above. Now, we want to do the procedures to declare the inheritance of the house and land for the above house, where will we have to carry out the procedure and what documents must we prepare? We hope you will respond to our family. Thank you!

Answer: Pursuant to Point a, Clause 1, Article 651 of the 2015 Civil Code, the first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased; According to the information you provided, currently 3 of your siblings are in the first level of heirs.

Because your parents did not leave a will, the estate is divided among the heirs according to the law in Vietnam.

Declaration of inheritance:

- Authority: Your family can notarize the document declaring the inheritance as house ownership at any notary organization in the area where the real estate is located.

- Inheritance records include:

+ Notarization request form according to the form;

+ Certificate of house ownership;

+ Death certificate of your parents;

+ Identity papers of the heirs;

+ Other documents (such as birth certificate, marriage certificate ...).

- Order of declaration of inheritance:

After examining the dossier and finding it complete and valid, the notary public shall post it publicly at the headquarters of the commune-level People's Committee (ward), the former place of residence of the estate leaver; in case he does not have a place of permanent residence, it shall be posted up at the commune-level People's Committee of the place of temporary residence of such person. If both of these places cannot be identified, they shall be posted up at the People's Committee of the commune (ward) where the estate of the person leaving the estate is located.

After 15 days of listing, if there is no complaint or denunciation, the notary agency shall certify the inheritance document. The co-heirs can make a written agreements on division of estate (According to Article 57 of the Law on Notarization 2014) or a written declarations for acceptance of estate (According to Article 58 of the Law on Notarization 2014). After the inheritance document is notarized, the estate beneficiary shall carry out procedures for property rights registration at the land use right registration office of the district-level Natural Resources and Environment Division where the land is located.

Registration of house ownership:

- Authority: Land registration office

- File:

+ Notarized original copy of agreement on division of inheritance;

+ Certificate of house ownership;

+ Death certificate of your parents;

+ Identity papers of the heirs;

+ Other papers (such as birth certificate, marriage certificate, etc.) of the heirs.

- Procedure:

After receiving the dossier, the land registration office will be responsible for verifying the dossier and making a copy of the cadastral dossier; send cadastral data to tax authorities to determine financial obligations (if any); amend the issued certificate or carry out the certification procedure in case a new certificate is required; After the heir has fulfilled its financial obligations, the Land registration Office is responsible for handing over the certificate of land use right and house ownership to the new owner.

=> Thus, to carry out the procedures for declaring the inheritance of the house and land for the above house, it is necessary to strictly follow the above procedures in Vietnam. It is mandatory for each inheritance record to have the full birth certificate of the child to prove the blood relationship. Records of date of birth, surname must match with other types of documents. In case the date of birth is different from the identity card/ID card, household book, or birth certificate, it must be corrected at the competent state agencies. In principle, the birth certificate will be the original document as a basis for redoing other papers.

What is division of inheritance for the first level of heirs in Vietnam?

Now my grandmother is 80 years old, she has a property of about 1 hectare of land, so far she has not divided her two daughters at all, only giving full rights to her son. So may I ask, if she later dies, can the above property be divided among her 2 daughters and if so, how much can be divided? Thank.

Answer: Article 650 of the 2015 Civil Code provides:

1. Inheritance at law shall apply in the following cases:

a) There is no will;

b) The will is unlawful;

c) All heirs under the will died prior to or at the same time as the testator dying, or the bodies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;

d) The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.

2. Inheritance at law shall also apply to the following parts of an estate:

a) Parts of an estate in respect of which no disposition has been made in the will;

b) Parts of an estate related to an ineffective part of the will;

c) Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the right to inherit, or having died prior to or at the same time as the testator dying; and parts of an estate related to bodies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.

According to Clause 1, Article 651 of the 2015 Civil Code:

1. Heirs at law are categorized in the following order of priority:

a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

...

Thus, in this case, it is necessary to consider whether or not she will leave a will on her death, if she does leave a will and that will is lawful, the inheritance will be divided according to the content of the will in Vietnam.

If she does not leave a will, the estate will be divided according to the law in Vietnam. Since the two daughters belong to the first level of heirs, they will also inherit the same inheritance as the other heirs.

Will inheritance in the will be changed if there is a change in Vietnam?

Let me ask, I want to make a will soon to protect the inheritance rights of my children in the future. However, if I unfortunately have to liquidate some assets in the will, will the will I have made be affected? Thank you.

Answer: According to Point a, Clause 1, Article 630 of the 2015 Civil Code, the testator is defined as follows:

1. A will must satisfy the following requirements in order to be lawful:

a) The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;

According to the above provisions in Vietnam, a valid will is partly determined based on the testator. Besides, the property identified in the will must be the property that is legally owned by you, not violating the law.

When making a will, you only need to meet the conditions for validity of the will specified in Article 636 of the 2015 Civil Code.

According to Clause 3, Article 643 of the 2015 Civil Code, legal effectiveness of wills as follows:

3. A will shall not be legally effective if the estate left to the heirs no longer exists at the time of commencement of the inheritance. If only part of the estate left to the heirs remains, only that part of the will which relates to such part of the estate shall be legally effective.

Except when you make a new will, when the property listed in the will is lost, part of the will at the effective point will disappear, and the remaining will will remain legally valid in Vietnam.

Best regards!