Chapter XXII
GENERAL PROVISIONS
Article 631.- Inheritance right of individuals
Every individual shall have the right to make a testament to dispose of his/her property; to bequeath his/her property to his/her heir(s) at law; and to inherit property under a testament or according to law.
Article 632.- Individuals' right of equality in inheritance
Every individual shall be equal in the right to bequeath his/her property to another person and the right to inherit property under a testament or according to law.
Article 633.- Time and place for opening inheritance
1. The time for opening inheritance is the time the owner of property dies. In cases where the Court declares that a person is dead, the time for opening the inheritance shall be the date specified in Clause 2, Article 81 of this Code.
2. The place for opening inheritance is the last place of residence of the estate leaver; if such place cannot be identified, the place for opening inheritance shall be the place where all or most of his/her estate is located.
Article 634.- Estate
Estate includes the decedent's own property and his/her shares in property in common with others.
Article 635.- Heirs
If an heir is an individual, he/she must be alive at the time of opening the inheritance, or must be born and still alive after the time of opening the inheritance, but must be conceived before the death of the estate leaver. In cases where a testamentary heir is an agency or organization, such agency or organization must be in existence at the time of opening the inheritance.
Article 636.- Time at which the heir's rights and obligations arise
As from the time of opening the inheritance, the heirs shall have the property rights and obligations left by the decedents.
Article 637.- Performance of property obligations left by the decedent
1. The persons enjoying the inheritance shall have the responsibility to perform the property obligations within the limit of estate left by the decedent, unless otherwise agreed upon.
2. In cases where the estate has not yet been divided, the property obligations left by the decedent shall be performed by the estate administrator in accordance with the agreement among the heirs.
3. In cases where the estate has already been divided, then each of the heirs shall perform the property obligations left by the decedent, which correspond to, but not exceed, the portion of property he/she has received, unless otherwise agreed upon.
4. In cases where the State, an agency or organization enjoys an estate under a testament, it shall also have to perform the property obligations left by the decedent like an individual heir.
Article 638.- Estate administrators
1. An estate administrator is the person who is appointed in the testament or appointed under the agreement among the heirs.
2. In cases where the testament does not appoint an estate administrator and the heirs have not yet appointed an administrator, the person who possesses, uses, or administers the estate shall continue to administer it until the heirs appoint an administrator of the estate.
3. In cases where the heir(s) has/have not been identified and there is still no administrator of the estate, such estate shall be managed by a competent State agency.
Article 639.- Obligations of the estate administrator
1. The estate administrator defined in Clause 1 and Clause 3, Article 638 of this Code shall have the following obligations:
a/ To draw up the list of estate; recover the property of the decedent, which is being possessed by other persons, unless otherwise provided for by law;
b/ To preserve the estate; not to sell, exchange, donate, mortgage, pledge or dispose of it in any other manners, if not so consented in writing by the heirs;
c/ To notify the heirs of the estate;
d/ To compensate for damage, if he/she breaches his/her obligations, thereby causing damage;
e/ To hand back the estate at the request of the heir(s).
2. The person who currently possesses, uses or administers the estate as specified in Clause 2, Article 638 of this Code shall have the following obligations:
a/ To preserve the estate; not to sell, exchange, donate, mortgage, pledge or dispose of it in any other manners;
b/ To notify the heirs of the estate;
c/ To compensate for damage, if he/she breaches his/her obligations, thereby causing damage;
d/ To hand back the estate as agreed upon with the estate leaver in a contract or at the request of the heir(s).
Article 640.- Rights of the estate administrator
1. The estate administrator defined in Clause 1 and Clause 3, Article 638 of this Code shall have the following rights:
a/ To represent the heirs in their relations with a third party concerning the estate;
b/ To enjoy remuneration as agreed upon with the heir(s).
2. The persons who currently possess, use or administer the estate as defined in Clause 2, Article 638 of this Code shall have the following rights:
a/ To continue using the estate as agreed upon in the contract with the estate leaver or consented to by the heirs.
b/ To enjoy remuneration as agreed upon with the heirs.
Article 641.- Inheritance by persons entitled to mutually inherit each other's estate who die simultaneously
In cases where the persons who have the right to inherit each other's estate die simultaneously or are considered to have died simultaneously because it is impossible to determine who dies first, then they shall not have the right to inherit each other's estate and the estate of each person shall be inherited by his/her respective heir(s), except for case of inheritance by substitution as provided for in Article 677 of this Code.
Article 642.- Disclaimer of inheritance
1. An heir shall have the right to disclaim an estate, except for cases where such disclaimer is aimed at shirking his/her property obligations toward another person.
2. A disclaimer of estate must be made in writing; the person who disclaims must notify other heirs, the person tasked to divide the estate, the Notary Public Office or the People's Committee of the commune, ward or township, where such inheritance is opened, of the disclaimer of estate.
3. The time limit for disclaiming an estate shall be six months counting from the date of opening the inheritance. After six months counting from the date of opening the inheritance, if there is no disclaimer of estate, the heirs are considered having accepted the inheritance.
Article 643.- Persons not entitled to enjoy estate
1. The following persons shall not be entitled to enjoy estate:
a/ Persons who are convicted of having intentionally infringed upon the life or health of the estate leavers, or of having maltreated, or physically or mentally abused the estate leavers, or of having seriously infringed upon the honor or dignity of such persons;
b/ Persons who seriously breach their obligations to support the estate leavers;
c/ Persons who are convicted of having intentionally infringed upon the life of other heirs for the purpose of acquiring part or all of the portion of the estate to which such heirs are entitled;
d/ Persons who deceive, coerce or hinder the estate leavers while the latter make their testaments; persons who forge, modify or destroy the testaments in order to acquire part or all of the estates against the will of the estate leavers.
2. The persons defined in Clause 1 of this Article shall still be entitled to enjoy the estate, if the estate leavers, though aware of their acts, still allow them to enjoy the estate under the testaments.
Article 644.- Estates without heirs shall belong to the State
In cases where there is no heir under the testament or at law or where there is an heir who is, however, not entitled to enjoy estate or disclaims his/her estate, the estate left after fulfilling the property obligations and without any heir shall belong to the State.
Article 645.- Statute of limitations for initiating inheritance-related lawsuits
The statute of limitations for an heir to request the division of estate, to determinate his/her rights to inheritance or deny the inheritance rights of another person shall be ten years counting from the time of opening the inheritance.
The statute of limitations for initiating a lawsuit to demand an heir to fulfill the property obligations left by the decedent shall be three years counting from the time of opening the inheritance.
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Bộ luật Dân sự 2005 (Bản Word)
