Vietnam: How to determine the statute of limitations for initiating a lawsuit over an inheritance division dispute?

Vietnam: How to determine the statute of limitations for initiating a lawsuit over an inheritance division dispute (Illustration)

According to the provisions of Article 184 of Vietnam's Civil Procedure Code, Clause 2, Article 149 of Vietnam's Civil Code 2015, the Court shall only apply the statute of limitations upon the request of one or the parties to apply the statute of limitations, provided that this request must be submitted to the court before the first-instance court issues a judgment or decision to settle the case.

In cases where the statute of limitations for initiating a lawsuit no longer exists but no involved parties have requested the application of the statute of limitations or made a request that is not in accordance with the provisions of law, the court shall continue to resolve the case.

In the event that the involved parties request the application of the statute of limitations in accordance with regulations, it is necessary to clarify the time of opening the inheritance (the beginning of the statute of limitations for lawsuits) and the date of filing a lawsuit to determine whether the statute of limitations still exists or has expired.

(In which case, the time of opening the inheritance is the time when the person with the property dies or is declared dead by the Court).

The statute of limitations for the heir to request the division of the estate is 30 years for immovable property, 10 years for movable property, from the time of opening the inheritance. Note that at the end of this period, the estate belongs to the heir who is managing the estate.

In particular, it should be noted:

For the case of an inheritance opened before September 10, 1990, the statute of limitations for initiating a lawsuit to divide the inheritance as immovable property is determined according to Article 36 of Vietnam's Ordinance on Inheritance 1990 and Resolution 02/HDTP of October 19, 1990, specifically as follows:

- Within ten years from the time of opening the inheritance, the heir has the right to initiate a lawsuit to request the division of the estate, confirmation of his/her inheritance, or rejection of the inheritance right of another person.

- Within three years from the time of opening the inheritance, individuals, agencies, or organizations have the right to initiate lawsuits to request the heirs to perform the property obligations left by the deceased or to pay the inheritance expenditure.

- The statute of limitations for initiating lawsuits to request a division of inheritance is counted from September 10, 1990.

For inheritances opened from September 10, 1990 to before January 1, 2017, the statute of limitations for filing a lawsuit requesting the division of the inheritance is 30 years for real estate and 10 years for movable property from the time of inheritance opening.

If the inheritance was opened before July 1, 1991, but there were no overseas Vietnamese participating and the inheritance was a house, then:

- The statute of limitations for initiating lawsuits is determined according to Resolution 58/1998/NQ-UBTVQH10.

- The period from July 1, 1996 to January 1, 1999 is not included in the statute of limitations for initiating lawsuits (according to Clause 2, Article 17 of Resolution 58/1998/NQ-UBTVQH10).

If the inheritance was opened before July 1, 1991 and there was a Vietnamese residing overseas participant and the inheritance was a house, then:

- The statute of limitations for initiating lawsuits is determined according to Resolution 1037/2006/NQ-UBTVQH11.

- The period from July 1, 1996 to September 1, 2006 shall not be included in the statute of limitations for initiating lawsuits (according to Clause 2, Article 39 of Resolution 1037).

Instruction 24/HD-VKSTC was issued on 12/5/2021.

Bao Ngoc

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