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The Supreme People's Court of Vietnam: Benchbook Online

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3.3.4. Some provisions on restriction of inheritance right


Related legal documents
  • Civil code 2005 (Article 735)
  • Law on Marriage and Family (Article 31)
  • Decree No. 70/2001/ND-CP (Article 12)
  • Decree 81/2001/ND-CP dated Nov 05th 2001

  • Main tasks and practical skills:

    • With respect to agricultural land use right for an annual crop cultivation and/or aquaculture, the heirs must meet conditions prescribed in Article 740 Civil Code 1995.
    • With respect to agricultural land for annual crop cultivation and/or aquaculture, where a member of a family household to whom the State has allocated land dies, the land use right shall be inherited by an heirs as the member of the household.
    • Foreigners and Vietnamese residing abroad shall only be entitled to enjoy a house or land if they meet the conditions provided in Decree 81.
    • Widows or husbands whose spouse died have the right to require no division of the inheritance within a fixed term (not exceeding 03 years) if the division would have a serious impact on the living (Article 31 Law on Marriage and Family 2000; Article 12 Decree No. 70/2001).