Inheritance is the property left by the deceased to the living. Article 612 of the 2015 Civil Code stipulates: “Inheritance includes the deceased’s personal property and the deceased’s property in common property with others.”
Thus , inheritance is all property under the legal ownership of the deceased person , and that person ‘s property rights . The right to own property is one of the basic rights of citizens protected by the State . Article 3 2 of the 2013 Constitution stipulates :
” first . Everyone has the right to own legal income , property , housing , means of living , means of production , capital contributions in enterprises or businesses . in other economic organizations .
2 . Private property rights and inheritance rights are protected by law .
All property owned by an heir according to the provisions of the Constitution is an inheritance . Inheritance includes:
1. Personal property of the deceased
The deceased ‘s personal property is the property created by that person from legal income ( such as salary, wages , bonuses, royalties, lottery winnings … ) donated, inherited property, personal living materials ( such as clothes, beds , wardrobes, motorbikes, cars , televisions … ) , housing, production materials of all kinds, capital used for production business.
– Money, gold, silver, precious metals, and gems are used as jewelry or used as savings.
– House; The area where a person whose house has been converted into socialism is left by the State for living and determined to be under that person ‘s ownership. The house was inherited, donated, purchased, exchanged or self-built with permission from competent state agencies and has undergone title transfer and registration procedures.
– Capital, shares, materials, and means of production of individual producers or of private individuals who are legally allowed to produce and do business.
– Documents, tools and machinery of people doing research work.
– Trees that the person assigned to use the land grows and benefits from that land.
2. The deceased’s property in common assets with others
In reality , there are many cases where many people contribute capital to produce and do business together, so there is a block of assets under common ownership of many people who co – own a certain block of assets ). If one of the co-owners dies, the deceased ‘s inheritance is the portion of property that that person contributed to the common property.
Different from the form of joint ownership by shares , the property of husband and wife during the marriage period is property under the common ownership of the husband and wife . According to Article 213 of the Civil Code of Vietnam 2015 , the common property of husband and wife is consolidated common property. Husband and wife together create and develop common assets through each person ‘s efforts ; have equal rights in possessing , using , and determining common property . Article 66 of the 2014 Law on Marriage and Family regulates the settlement of the husband ‘s property in case one party dies or is declared dead by the court :
“ 1. When one spouse dies or is declared dead by the court , the surviving spouse manages the couple s common property, except in the case of a will . appoint someone else to manage the estate or the heirs agree to appoint someone else to manage the estate .
2 . When there is a request to divide the estate , the common property of the couple is divided in half , unless the couple has an agreement on the property regime . The property of a wife or husband who dies or is declared dead by the court is divided according to the provisions of the law on inheritance .
3 . In case the division of the estate seriously affects the life of the surviving spouse or family , the surviving spouse has the right to request the court to limit the division of the estate . according to the provisions of the Civil Code .
3. Property rights left by the deceased
These are civil rights arising from contractual relationships or compensation for damages that they participated in before death ( such as the right to collect debts , recover property ). leased or borrowed property, redeemed mortgaged property , and claimed compensation for damages outside the contract .
In addition to the property rights mentioned above , copyright and industrial property rights are also inheritance. The copyright owner leaves behind property rights such as the right to enjoy royalties and other material benefits. Regarding industrial property rights – a type of asset with specific characteristics , the inheritance regulations for industrial property rights also have their own characteristics . According to the provisions of the Intellectual Property Law , the ownership rights of industrial property objects that are granted protection titles are protected within the validity period of the protection titles ( titles are valid ). can be extended according to the provisions of law ) .
The regulation of property rights left by the deceased as inheritance contributes to protecting the legitimate rights and interests of citizens, enhancing the sense of responsibility of subjects when participating in relationships . civil law . However , property rights attached to the deceased ‘s personal identity ( right to benefits, pensions ) are not inheritance .
Land is owned by the entire people, the State is the manager of all land and assigns it to organizations and individuals for stable and long -term use . To create conditions for individuals and organizations to invest in production , the country allows individuals to have five rights , including the right to inherit land use rights. Depending on the different types of land, inheritance rights are also regulated differently (see section on transfer of land use rights).
See more: Inheritance and Wills in Vietnam: Key Legal Considerations
