VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

DANG THU HA

NHERITANCE LAW
ACCORDING TO THE CIVIL LAW OF THE
SOCIALIST REPUBLIC OF VIETNAM IN 2015

Major: Economic Law
Code: 9 38 01 07

ABSTRACT SUMMARY OF DISCIPLINE STUDY

HA NOI, 2019


THIS WORK IS COMPLETED AT
GRADUATE ACADEMY OF SOCIAL SCIENCES

SCIENCE INSTRUCTOR:
Associate Professor PhD. Pham Van Tuyet

Reviewer 1: Prof. PhD. Pham Van Tuyet
Reviewer 2: Assoc. Prof. PhD. Tran Thi Hue
Reviewer 3: Assoc. Prof. PhD. Nguyen Thi Que Anh

The thesis is defended before the thesis appraisal board of the
Academy at the Graduate Academy of Social Sciences at:
......hours, date ......... month...... 2019.


longer just a traditional heritage, so the inheritance disputes have
also changed about the object, the subject, the nature and the scale
of the case. The Civil Code 2015 is only valid, the author thinks
that the study of theoretical as well as practical basis of inheritance
issues according to law, thereby making assessments and
recommendations to complete the regulations. The current
legislation on this content, creating a stronger legal basis for the
application of the law of the court in resolving inheritance disputes
under the law is always a necessary and worthwhile job. care and
respect. Corresponding to the change and development of the socioeconomy, disputes on inheritance are also increasingly complex, so
the thesis researches and proposes new solutions to improve the law
and further improve it. Effective application of the law on
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inheritance according to law. From the above reasons, the author
decided to choose the topic: "Inheritance law according to the
Civil Law of the Socialist Republic of Vietnam 2015" as his thesis
research topic.2. The purpose and research tasks of the thesis
2. The purpose and research tasks of the thesis
2.1. Research purposes
Research the theoretical basis for inheritance according to
law to point out the inconsistencies in the provisions of the Civil
Code on the issue of inheritance according to law compared to the
practice of resolving disputes related to this content, from It is
aimed at making recommendations to improve the law on
inheritance according to law, creating a firmer legal corridor for the
application of the law by competent state agencies.
2.2. Research mission
To achieve the purpose of the research, the thesis sets out the

The dissertation studies theoretical and practical issues
related to inheritance according to law, the provisions of the Civil
Code 2015 on inheritance according to law and focuses on
understanding the reality of resolving inheritance disputes
according to law. laws from 2015 Civil Code. In the context of the
Civil Code 2015 only taking effect from January 1, 2017, the author
still compares and compares the theoretical and legal issues in the

3


previous Civil Code (Civil Code 1995 and Civil Code 2005), some
legal documents in the old period
4. The research method of the thesis
The thesis uses the methodology of dialectical materialism
and historical materialism based on the Party's views, goals and
guidelines, the State's legal policies, and scientific research
methods. The human society and the method of scientific research
are also used by the author.
5. New contributions of the thesis
The thesis "Inheritance at law under the Civil Code of the
Socialist Republic of Vietnam in 2015" has shown the following
new points:
Firstly, supplement and complete some basic theoretical
issues about inheritance according to law.
Secondly, systematic analysis of the provisions of the Civil
Code 2015 on legal inheritance on the basis of theoretical issues
studied in the chapter on theory and comparison with the law. laws
of some countries, through which there are individual views on the
reasonable or limited points of these regulations compared to the


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Chapter 1
OVERVIEW OF THE RESEARCH SITUATION
AND ISSUES RELATED TO THE TOPIC
1.1. Overview of research situation
1.1.1. Research situation
1.1.1.1. Theoretical studies on inheritance according to law
There have been many studies on inheritance according to
law in many different angles and perspectives, each project has its
own research method and approach but in general, it has analyzed
and reflected the mechanical features. The first version of research
issues is as follows:
* Regarding the concept of inheritance according to law:
The concept of inheritance according to law has been studied
by some authors in works such as the book "Inheritance according
to the law of Vietnamese citizens from 1945 up to now" by Phung
Trung Tap, published by Justice Publishing House. 2004 version of
the book "Legislation on inheritance and dispute resolution
practices", Hanoi Justice Publishing House published in 2017 by
Pham Van Tuyet and Le Kim Giang shows that there is a high unity
and is based on provisions of the Civil Code such as Article 677
Civil Code 1995, Article 674 Civil Code 2005, Article 649 Civil
Code 2015: "Inheritance by law means inheritance according to
inheritance goods, conditions and order of inheritance prescribed by
law".
* About the characteristics of inheritance according to law
6

to law of Vietnamese citizens from 1945 to present" by Phung.
Trung Trung (2004) [54], the article: "Inheritance in civil laws of
some countries in the world" by Tran Thi Hue "[19] published in
the State magazine and law in October 2006, No. 222, p.78 - 83
Book: "Legislation on inheritance and dispute resolution practices"
by Pham Van Tuyet, Le Kim Giang (2013) [79], book "Inheritance
in America from coloninal times to the present ”(1987) from Carole
Shammas, Marylyn Salmon, Michel Dililin and Publisher Rutgers
[98], book“ A survey of Canadian and German ” Succession Law
”(A survey The Law on Inheritance Law of Canada and Germany
by Eric P. Polten (2011) [99], book “Inheritance Law in Germany
and Australia” by Schuweizei Kobras (2012) [102]. In the above
works, in addition to the authors citing the applicable cases of
inheritance according to law, there is a comparison highlighting the
perfection, translating over time on the applicable cases of
inheritance. According to the law, the comments on the provisions
of the law on inheritance for readers to understand and apply those
rules in real life. The authors have made their comments on the
current situation of the law on inheritance according to law.
1.1.1.3. Practical studies applying the provisions of
inheritance according to law
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Article: "Children's rights to property and inheritance: some
theoretical and practical issues", by Ha Thi Mai Hien, published in
the State and Legal Journal, No. 5, 1998 [18], "Vietnam's
inheritance law - Judgment and judgment" (Volume 1, Volume 2),
Do Van Dai (2016), Book: "Scientific commentary on Civil Code
2015 of the Socialist Republic of Vietnam Vietnam National

Firstly, although there have been many research works and
articles on inheritance in general, there have not been any
researches on inheritance according to the law in particular.
Therefore, the thesis will give a comprehensive view of inheritance
according to law, clarifying the theoretical issues related to this
issue.
Secondly, culture, science and technology change, socioeconomic development, inheritance has changed today compared to
traditional heritage, so the subject of disputes also changed, that is
also is one of the new points that the thesis needs to study.
Corresponding to the change and development of the socioeconomy, disputes on inheritance are also increasingly complex in
the number and nature of the case, so the thesis researches and
proposes new solutions to correct. change laws and improve the
effectiveness of the law on inheritance.

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CHAPTER 2
A NUMBER OF THEORETICAL ISSUES ABOUT
LEGAL DEFINITION
2.1. Concept and characteristics of inheritance according
to law
2.1.1. Inheritance and inheritance rights
Social history has proven that inheritance is an indispensable
element of the development process. The wealth that is left unused
before death will be left to others and often to the relatives of the
dead.
Inheritance and the right to inheritance have a close
relationship with each other. Inheritance rights are a legal category
whose contents define the scope of rights and obligations of entities

property of the dead, the second is the property part of the dead in
common property with others.
Firstly, the deceased's personal property includes the personal
property of a spouse prior to marriage, the property inherited
separately from and given to him / her during the marriage period; ,
husband according to the case of division of common property
during the marriage period, property in service of essential needs of
the spouse and other properties which, according to law provisions,
are privately owned by husband and wife.

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Secondly, one-half of the assets in the property block are
jointly owned by the deceased with their spouses.
Third, the assets of the dead are in the part-owned properties.
Fourthly, the assets of the deceased due to their capital
contribution to various types of enterprises, such as limited liability
companies, purchased shares of joint stock companies
2.3.2. Inheritance according to law
Inheritance is the range of people who can inherit inheritance
determined based on close relationships between the inheritor and
the heir. The inheritance area is divided into different rows and the
latter only inherits the inheritance when no one is enjoyed in the
previous row.
2.3.3. Some common issues about position inheritance
Civil Code 2015 does not define what is inheritance, but only
lists the cases of inheritance as follows: the case of the child of the
person who left the estate died before or at the same time with the
person who left the inheritance then the child is entitled to the estate

property rights, the right to leave the estate of the person leaving the
estate is prescribed by law with a number of separate provisions.
3.1.3. Ensuring the right to inherit of some heirs according
to law.
3.2. Cases of inheritance according to law
3.2.1. There is no testament
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Can be interpreted as a person who has an estate that does
not make a will or a person who leaves an estate with a will, but
their will falls into one of the following conditions: revoke the will
itself, or the will was so damaged that it could not be read ...
3.2.2. The testament is not legal
An illegal will or a will that is not enforceable is also one of
the cases where the estate will be divided according to law.
3.2.3. The heirs at the testament die before or at the same
time as the testator; Agencies and organizations entitled to
inheritance according to wills no longer exist at the time of
opening the inheritance
3.2.4. Those who are appointed as heirs by will without
having the right to inherit or refuse to receive the estate
The deceased has left a will which clearly states that heirs
but the appointed person is not entitled to inheritance because he /
she falls into one of the cases specified in Clause 1, Article 621 of
the Civil Code 2015 or they refuse receive heritage. In this case,
legal inheritance will be applied to resolve the issues that arise.
3.2.5. The estate part is not determined in the will
If there are parts of the estate that have not been decided in
the will, the properties that have been decided in the will will be


elder

sister,

maternal
younger

grandmother,
siblings

of

maternal
the

dead;

grandchildren of the dead, of whom the dead are paternal
grandfather, maternal grandmother, maternal grandmother;
- Third inheritance includes: maternal and maternal
grandparents of the dead; uncle, uncle, aunt, aunt of the dead;
grandchildren of the dead and deceased are uncle, uncle, aunt, aunt,
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aunt; great-grandchildren of the deceased whose paternal and
maternal grandparents died.
From inheritors, the law divides in order into succession
rows. However, there are many differences in national regulations

according to law. Article 661 of the Civil Code 2015 provides for
cases of restriction of division of inheritance [51, Article 661].
Fifth, dividing the estate in case of having new heir or
having inheritance denied
Sixth, regarding the division of inheritance as intellectual
property rights, the law has a number of separate provisions
CHAPTER 4
PRACTICE OF APPLICATION OF LEGISLATION
ON INHERITANCE ACCORDING TO LAW AND A
NUMBER OF RECOMMENDATIONS
4.1. General assessment of inheritance disputes under
the law in Vietnam in recent years
According to figures of the Supreme People's Court
reported to the National Assembly at the October annual meeting,
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the ratio of inheritance disputes to the general civil disputes is filed
by all Courts (including Appellate and appeal) increasing
acceptance. The first instance trial in 2017 and 2018 had the highest
rate of increase, increasing 0.4% each year of the general civil
sentence. The appeal court also has a faster growth rate than the
first instance, in 2017 the inheritance sentence accounted for 5.5%
of the general civil sentence, in 2018 increased by 1.0%, accounting
for 6.5% of the general civil sentence
Table 4.1. The data of inheritance disputes compared
with general civil disputes in Vietnam
Unit: the case
Appeal



109260

3429

3.1 %

10164

504

5.0 %

2016

113092

3384

3.0 %

10994

672

6.1 %

2017

126178


4,0%

13302

971

7,2%

(Source: Annex of report of the Supreme People's Court at the
October annual meetings of the National Assembly (from 2014 to
2019)
Regarding the dispute on inheritance according to law, there
are no specific statistics, but out of 609 cases of first instance, 377
appellate cases were tried by the People's Courts at all levels in
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2017 [63] , 64, 65, 66, 67, 68], the author studied 250 judgments
published by the Supreme People's Court on the author's web portal
that found the majority were inheritance division disputes legal.
Only about 2% of the cases require the Court to determine the
validity of a will and the will recognized by the Court to be valid
without giving rise to a request for division of inheritance according
to law. There are a small number (about 3%) of disputes related to
wills but after that there were still more inheritance disputes under
the law. Thus it can be seen that most inheritance disputes are
related to inheritance according to law.

General court of inheritance