The Supreme People's Court of Vietnam: Benchbook Online

Main tasks and practical skills:

• Limitation periods for initiating legal actions with respect to inheritance includes “Limitation periods for initiating legal actions with respect to an inheritance right” and “ The limitation period for initiating a legal action with respect to a claim for an heir to discharge property obligations of the deceased, to make payment for expenses from the inheritance”. An “Inheritance right” includes the right to require distribution of an estate, the right to obtain a declaration of right of inheritance of the petitioner or to disallow the claim to inheritance of another” (item 2 part I Resolution No. 02/2004).
• The limitation period for initiating a legal action with respect to an inheritance right shall be ten (10) years from the time of commencement of the inheritance, that is to say the day the deceased dies. (item 1 Article 36 Ordinance on inheritance 1990, Article 648 Civil Code 1995, Article 645 Civil Code 2005).
• Please note some other provisions on limitation periods that the application of the limitation period for initiating a legal action with respect to inheritance right must follow:
  - Time periods excluded from limitation periods for initiating civil cases and provided in Article 170 of the civil code 1995 (Article 161 of the Civil Code 2005) on ”force majeur or other objective hindrances” and the cases where the person with the right to initiate the action or petition does not yet have a representative.
  - Provision on the re-commencement of limitation periods for initiating civil actions in accordance with Article 171 of Civil Code 1995 (Article 162 of the Civil Code 2005).
  - Provisions on the time period during which one of the following events occurs shall be excluded from limitation periods for initiating civil cases within the period 1 July 1996 to 1 January 1999 with respect to cases of inheriting house that happened before 1 July 1991 (Resolution No. 58/1998 NQ-UBTVQH).
  - Provisions on “not applying the time limit to inheritance rights” in accordance with sub item 2.4 of item 2, part I of Resolution No. 02/2004 of Judicial Council of the Supreme People’s Court of Vietnam.