Guidelines for the prosecution and settlement of disputes over inheritance division in Vietnam

Bao Ngoc

11:02, 11/06/2021

On May 12, 2021, the Supreme People's Procuracy of Vietnam issued Instruction 24/HD-VKSTC guiding some basic contents in the supervision of the settlement of the inheritance division dispute.

According to the instruction, the Supreme People's Procuracy of Vietnam instructs as follows:

- Regarding procedural law, it is necessary to comply with Articles 21, 57, 58, and 59 of the CPC and guiding documents of the CPC; Vietnam's Decision 458/QD-VKSTC dated October 4, 2019.

- Regarding the content law, procurators, inspectors, and civil servants should pay attention to a number of issues in Vietnam, for example:

+ Determining the time of opening the inheritance and the statute of limitations for initiating lawsuits over the division of inheritance. In there:

The time of opening the inheritance is the time when the person with the property dies or is declared dead by the court.
The court shall only apply the statute of limitations upon a request to apply the statute of limitations by one or the other parties, provided that this request must be made before the first-instance court issues a judgment or decision to settle the case.

- Determining inherited heritage, heritage value, current status, and process of using and managing heritage.

For details, please refer to Vietnam's Instruction 24/HD-VKSTC issued on 12/5/2021.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

105 lượt xem

- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn