Main tasks and practical skills:
- The concept of the inheritance is assets (item 1 Article 637 Civil Code 1995) and land use right (item 2 Article 637 Civil Code 1995, Article 634 Civil Code 2005).
- The concept of property comprises “objects, money, valuable papers and property rights” (Article 172 Civil Code 1995, Article163 Civil Code 2005).
- Provisions on dividing common property of husband and wife when a person dies before the other in order to define the property of the dead person:
- In accordance with the Law on Marriage and Family 1959: “divided as Article 29” means as the case of divorce (Article 16);
- In accordance the Law on Marriage and Family 1986: “divide into two halves ” (Article 17);
- In accordance the Law on Marriage and Family 2000: “equal" (Article 28);
- Provisions on inheritance is land use right ?(Article 738,739 Civil Code 1995; Resolution No. 02/2004);
- Having Land Use Right Certificate under the Law on Land 1987, 1993, 2003;
- Having one of the documents prescribed in item 1, 2 and 5 of Article 50 of the Law on Land 2003 from July 01st 2004, land use right belong to inheritance that do not depend on the time of commencing the inheritance (retroactive);
- Where land has none of the above documents but has inheritance which is a house, other architectural constructions, perennial plants attached to this land the land shall be deemed to be the inheritance (shall be evaluated and divided as the land having above documents) once the competent level People’s Committees define the legitimacy in using the land or may be considered to allocate land use right ??(point a, b sub item1.3, item 1, part II of the Resolution No. 02/2004 NQ-HDTP).
- Property that the State granted to the people who have the merit of the volution? after their death shall be considered as the inheritance but shall not be considered as the inheritance if the property is granted to the relatives of the person who have the merit of the volution (Part III Resolution No. 02/2004/NQ-HDTP).
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