What are rights and obligations of administrators of estates in Vietnam?

What are rights and obligations of administrators of estates in Vietnam?

Hello Lawnet. My name is Khac Phi. I have a question related to inheritance. What are rights and obligations of administrators of estates in Vietnam? Which legal documents can I refer to for further information? Thank you!

Answer:

Pursuant to Article 617 and 618 of the Civil Code in 2015 stipulating rights and obligations of administrators of estates in Vietnam as follows:

* Obligations of administrators of estates in Vietnam:

- An administrator of an estate as provided in Clauses 1 and 3 of article 616 of this Code has the following obligations:

+ Make a list of the property within the estate and collect any property belonging to the estate of the deceased which is possessed by others, unless otherwise provided by law;

+ Take care of the estate and do not sell, exchange, give, pledge, mortgage or otherwise dispose of property within the estate without the written consent of the heirs;

+ Notify the heirs of the estate;

+ Compensate for any damage if the administrator breaches any of its obligations, thereby causing damage;

+ Deliver back the estate at the request of the heirs.

- A person possessing, using or managing property within an estate as provided in Clause 2 of Article 638 of this Code has the following obligations:

+ Take care of the estate and do not sell, exchange, give, pledge, mortgage or otherwise dispose of property within the estate;

+ Notify the heirs of the estate;

+ Compensate for any damage if the administrator breaches any of its obligations, thereby causing damage;

+ Deliver back the estate as agreed with the deceased in a contract or at the request of the heirs.

* Rights of administrators of estates in Vietnam:

- An administrator of an estate as provided in clauses 1 and 3 of article 616 of this Code has the following rights:

+ Represent the heirs in dealings with any third parties in relation to the estate of inheritance;

+ Receive remuneration as agreed with the heirs;

+ Receive payment of costs of estate preservation.

- A person possessing, using or managing property within an estate as provided in Clause 2 of Article 616 of this Code has the following rights:

+ Continue to use the estate as agreed with the deceased in a contract or with the consent of the heirs;

+ Receive remuneration as agreed with the heirs;

+ Receive payment of costs of estate preservation.

- If the estate administrator fails to reach an agreement on the remuneration with the heirs, he/she shall be entitled to receive an appropriate remuneration.

Above are rights and obligations of administrators of estates in Vietnam. You may refer to the Civil Code in 2015 for further information.

In Vietnam: How to settle disputes about distribution of an estate, whose prescriptive periods have expired?

In case many heirs are managing the estate together or each heir manages the estate for a different period, there is a dispute over ownership of the estate, whose prescriptive periods have expired. Shall the Court apply the provisions of Clause 1, Article 623 of the Civil Code 2015 to decide on such estate?

Answer:

Pursuant to Clause 1 Article 623 of the Civil Code in 2015 stipulating as follows:

"The prescriptive period with respect to a claim of an heir for distribution of an estate shall be thirty years regarding immovable property or ten years regarding movable property from the time of commencement of the inheritance. Upon the expiry date of the aforesaid period, the estate shall belong to the estate administrator...". The heir managing the estate is the heir who is legally possessing and using the estate according to the provisions of the Civil Code. If multiple heirs jointly possess and use the estate, the estate is jointly owned by them. If each heir manages the estate for a different period, the Court must apply the provisions of Clause 1, Article 623 of the Civil Code 2015 to recognize ownership rights for the heir who is managing the estate; The rights and obligations of the estate administrator were previously considered and assessed in each specific case in accordance with the law.

What are regulations on time and place of commencing inheritance in Vietnam?

Hello Lawnet. Regarding the Civil Code in 2015, I have a question. What are regulations on time and place of commencing inheritance in Vietnam? Thank you!

Answer:

Pursuant to Article 611 of the Civil Code in 2015 stipulating regulations on time and place of commencing inheritance in Vietnam 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 81 of this Code.

- 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.

Best regards!