Regulations on inheritance division according to Vietnamese law 1

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Inheritance regulations according to Vietnamese law

This article provides detailed information on the legal provisions related to inheritance in Vietnam. We will guide you through the conditions, procedures, and important considerations to ensure the rights of heirs according to current regulations. Learn how to legally and effectively protect your family's property rights.

1. Inheritance according to the order of heirs

According to Article 651 of the 2015 Civil Code, the property, rights, and obligations of the deceased person will be distributed as follows:

- Heirs in the same order are entitled to an equal share of the inheritance.

- Heirs in a lower order are entitled to inherit only if there are no heirs in a higher order due to death, disqualification, or rejection of the inheritance.

- In case a child of the deceased inherits before or at the same time as the deceased, the grandchild will inherit the share that the child would have received if alive;

If the grandchild also dies before or at the same time as the deceased, the great-grandchild will inherit the share that the parent would have received if alive.

Regulations on inheritance division according to Vietnamese law 2

- Adopted children and adoptive parents are entitled to inherit each other's property and belong to the first-order of heirs under Article 651 of the 2015 Civil Code;

Inheritance between adopted children and adoptive parents also follows the provisions of inheritance by representation under Article 652 of the 2015 Civil Code.

- Biological children and stepfathers, stepmothers who have a caregiving relationship similar to that of a parent and child are entitled to inherit each other's property and belong to the first-order of heirs under Article 651 of the 2015 Civil Code; and follow the provisions of inheritance by representation under Article 652 of the 2015 Civil Code.

3. Inheritance in case of spouses who have divided common property; spouses who are seeking divorce or have remarried

According to Article 655 of the 2015 Civil Code:

- If spouses have divided common property while the marriage is still existing and one of them dies, the surviving spouse will still inherit the property.

- If spouses are seeking divorce but have not yet been granted or the court judgment or decision is not legally effective, if one of them dies, the surviving spouse will still inherit the property.

- A person who is the spouse of another person at the time of the latter's death, even if later has married someone else, will still inherit the property.

Inheritance regulations according to Vietnamese law