Vietnamese inheritance law has long set limitation periods for estate-division claims. Across the 1990 Inheritance Ordinance and the Civil Codes of 1995, 2005 and 2015, those periods define when heirs may sue to divide an estate.
In practice, many families discover that the limitation period has already expired. In that situation, the estate is usually handled under different rules — not the ordinary division procedure.
Brief history of the rules
The 1990 Inheritance Ordinance set a 10-year period to request division from the opening of the succession, without a clear end-of-period ownership rule.
The 1995 Civil Code likewise used a 10-year litigation period. Resolution 02/2004/NQ-HĐTP later explained situations where the limitation may not apply if co-heirs do not dispute heirship and acknowledge the estate remains undivided — the estate may then be treated as common property of the heirs.
The 2005 Civil Code kept a 10-year period to request division but still did not detail ownership after expiry.
Civil Code 2015 — current framework
Article 623 of the 2015 Civil Code provides that the period for an heir to request division of the estate is 30 years for immovable property and 10 years for movable property, counted from the opening of the succession.
When that period expires, the estate belongs to the heir who is managing it. If no heir is managing the estate:
- Ownership may vest in a person in possession under Article 236 of the Civil Code; or
- The estate may belong to the State if there is no such possessor.
Related limitation periods
- 10 years to confirm one’s own inheritance rights or reject another person’s inheritance rights.
- 3 years to require heirs to perform property obligations left by the deceased.
If you are facing issues related to land disputes, inheritance, credit contracts, or need a lawyer to protect your rights in court, Van Cat An Law Firm Limited is ready to support you. Contact us for advice and a suitable legal plan from the early stage of your matter.
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Estate belonging to the managing heir
Under Article 623(1), the beneficiary must be an heir who is managing the estate. Guidance from the Supreme People’s Court (Document 01/GĐ-TANDTC dated 25 July 2016) explains that “managing” means lawful possession and use. Multiple heirs in joint possession may hold the estate in common ownership; if management periods differ, the court may recognize ownership for the heir currently managing, while assessing prior managers’ rights and duties case by case.
Estate belonging to a possessor
If no heir is managing the estate, ownership may pass to a good-faith, continuous, open possessor under Article 236 (10 years for movables; 30 years for immovables). That possessor is not an heir.
This article is general information only. Opening dates, who manages or possesses the estate, and which rules apply must be reviewed on your documents. Laws and guidance may change — call VANCATAN for case-specific advice.
