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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

DANG THU HA

NHERITANCE LAW
ACCORDING TO THE CIVIL LAW OF THE
SOCIALIST REPUBLIC OF VIETNAM IN 2015

Major: Economic Law
Code: 9 38 01 07

ABSTRACT SUMMARY OF DISCIPLINE STUDY

HA NOI, 2019


THIS WORK IS COMPLETED AT
GRADUATE ACADEMY OF SOCIAL SCIENCES

SCIENCE INSTRUCTOR:
Associate Professor PhD. Pham Van Tuyet

Reviewer 1: Prof. PhD. Pham Van Tuyet
Reviewer 2: Assoc. Prof. PhD. Tran Thi Hue
Reviewer 3: Assoc. Prof. PhD. Nguyen Thi Que Anh

The thesis is defended before the thesis appraisal board of the
Academy at the Graduate Academy of Social Sciences at:
......hours, date ......... month...... 2019.

This thesis can be found at:
- Library of Graduate Academy of Social Sciences
- National Library of Vietnam


LIST OF SCIENTIFIC WORKS PUBLISHED

1. Dang Thu Ha (2018), "Categories and inheritance according to
the laws of Vietnam and some countries in the world", Law
Profession Journal, ISSN: 1859-3631, No. 5 in 2018, pp.85-90 .
2. Dang Thu Ha (2018), "Legal inheritance in Vietnam", Journal of
Human Resources for Social Sciences, ISSN 0866-756X, No. 09
(64) 2018, Tr.32-40.
3. Dang Thu Ha (2019), Inheritance and succession in accordance
with the Civil Code 2015 Human Resources Journal of Social
Sciences, No. 05 (72) 2019, pp.27-35


PREAMBLE
1. The urgency of the topic
Civil Code 2015 stipulates issues related to inheritance
according to law and willary inheritance. However, the practice of
solving inheritance disputes has shown that there are many disputes
related to inheritance cases according to law. There are even cases
where the testator has made a will but the will did not give rise to a
partial legal effect, or because the inheritance was misidentified ...
leading to inheritance disputes under the law. . Although the issue
of inheritance according to law has been studied by many domestic
and foreign authors, but along with the development of economy,
culture and society, it has been changing day by day. This is no

longer just a traditional heritage, so the inheritance disputes have
also changed about the object, the subject, the nature and the scale
of the case. The Civil Code 2015 is only valid, the author thinks
that the study of theoretical as well as practical basis of inheritance
issues according to law, thereby making assessments and
recommendations to complete the regulations. The current
legislation on this content, creating a stronger legal basis for the
application of the law of the court in resolving inheritance disputes
under the law is always a necessary and worthwhile job. care and
respect. Corresponding to the change and development of the socioeconomy, disputes on inheritance are also increasingly complex, so
the thesis researches and proposes new solutions to improve the law
and further improve it. Effective application of the law on
1


inheritance according to law. From the above reasons, the author
decided to choose the topic: "Inheritance law according to the
Civil Law of the Socialist Republic of Vietnam 2015" as his thesis
research topic.2. The purpose and research tasks of the thesis
2. The purpose and research tasks of the thesis
2.1. Research purposes
Research the theoretical basis for inheritance according to
law to point out the inconsistencies in the provisions of the Civil
Code on the issue of inheritance according to law compared to the
practice of resolving disputes related to this content, from It is
aimed at making recommendations to improve the law on
inheritance according to law, creating a firmer legal corridor for the
application of the law by competent state agencies.
2.2. Research mission
To achieve the purpose of the research, the thesis sets out the

task to solve the following issues:
More clarifying theoretical issues on inheritance according to
law, researching and analyzing current legal provisions on
inheritance according to law, comparing and comparing with legal
provisions of some countries around the world, doing practical
research on resolving disputes about legal inheritance in recent
times so that, there are perceptions about the rationality or
unreasonable points in the legal regulations, leading to difficulties
in the process of applying law to solve the case in practice and
proposing recommendations to improve the law on inheritance
2


according to law in order to improve the effectiveness of the
resolution of inter-related disputes. related to this content.
3. Research subject and scope
3.1. Research subjects
The subject of the thesis is the law on inheritance according
to the Civil Code of the Socialist Republic of Vietnam in 2015.
3.2. Research scope
- Scope of research content: The thesis focuses on studying
the provisions of the Civil Code of the Socialist Republic of
Vietnam in 2015 on inheritance according to law, however the
thesis does not study inheritance according to law. foreign
elements.
- Scope of space: The thesis focuses on research on
inheritance according to law within the territory of Vietnam,
besides comparing with some regulations of laws of some countries
in the world. .
- Time range:

The dissertation studies theoretical and practical issues
related to inheritance according to law, the provisions of the Civil
Code 2015 on inheritance according to law and focuses on
understanding the reality of resolving inheritance disputes
according to law. laws from 2015 Civil Code. In the context of the
Civil Code 2015 only taking effect from January 1, 2017, the author
still compares and compares the theoretical and legal issues in the

3


previous Civil Code (Civil Code 1995 and Civil Code 2005), some
legal documents in the old period
4. The research method of the thesis
The thesis uses the methodology of dialectical materialism
and historical materialism based on the Party's views, goals and
guidelines, the State's legal policies, and scientific research
methods. The human society and the method of scientific research
are also used by the author.
5. New contributions of the thesis
The thesis "Inheritance at law under the Civil Code of the
Socialist Republic of Vietnam in 2015" has shown the following
new points:
Firstly, supplement and complete some basic theoretical
issues about inheritance according to law.
Secondly, systematic analysis of the provisions of the Civil
Code 2015 on legal inheritance on the basis of theoretical issues
studied in the chapter on theory and comparison with the law. laws
of some countries, through which there are individual views on the
reasonable or limited points of these regulations compared to the

previous regulations.
Thirdly, the thesis has analyzed and commented on some
typical judgments, some practical situations on inheritance disputes
under the law during the period when the Civil Code 2015 became
legally effective. . From there, point out the causes and propose

4


some recommendations to improve the law on inheritance according
to law.
6. The meaning of the thesis
6.1. Scientific significance:
The thesis supplements and contributes to perfecting the
theory of inheritance according to law in ensuring and protecting
the right to inherit and inheritance of each citizen.
6.2. Practical significance:
The thesis can be a valuable reference for lawmakers,
teaching experts, jurisprudence training facilities ...
7. The structure of the thesis
In addition to the introduction, conclusion, list of
references, the thesis is structured with 04 chapters:
Chapter 1: Overview of research situation and issues related
to the topic
Chapter 2: Some theoretical issues about inheritance
according to law
Chapter 3: Actual situation of legal provisions on
inheritance according to law
Chapter 4: Practical application of the law on inheritance
according to law and some recommendations

5


Chapter 1
OVERVIEW OF THE RESEARCH SITUATION
AND ISSUES RELATED TO THE TOPIC
1.1. Overview of research situation
1.1.1. Research situation
1.1.1.1. Theoretical studies on inheritance according to law
There have been many studies on inheritance according to
law in many different angles and perspectives, each project has its
own research method and approach but in general, it has analyzed
and reflected the mechanical features. The first version of research
issues is as follows:
* Regarding the concept of inheritance according to law:
The concept of inheritance according to law has been studied
by some authors in works such as the book "Inheritance according
to the law of Vietnamese citizens from 1945 up to now" by Phung
Trung Tap, published by Justice Publishing House. 2004 version of
the book "Legislation on inheritance and dispute resolution
practices", Hanoi Justice Publishing House published in 2017 by
Pham Van Tuyet and Le Kim Giang shows that there is a high unity
and is based on provisions of the Civil Code such as Article 677
Civil Code 1995, Article 674 Civil Code 2005, Article 649 Civil
Code 2015: "Inheritance by law means inheritance according to
inheritance goods, conditions and order of inheritance prescribed by
law".
* About the characteristics of inheritance according to law
6

In research works on inheritance in general and inheritance
according to law in particular, there are very few studies that
mention the characteristics of inheritance according to law.
Although the characteristics mentioned by the authors are different,
the authors derive from the reason that the inheritance of the
inheritance does not show their will to the fortune. property they
had before they died, so the law replaces the will of the person who
left the estate to dispose of their properties after they died. The law
divides those who are closest to the person who leaves the estate
based on three relationships: marriage, bloodline or upbringing
according to the conditions and order of the law.
* About the meaning of regulations on inheritance according
to law
Regarding the meaning of the law on inheritance, there have
been many studies on the meaning of the law on inheritance as
follows:
Article: "A number of issues about inheritance rights in the
Civil Law" by author Ha Thi Mai Hien State Magazine and Law,
No. 5, 1995. [17; p.31], book: "Scientific commentary on some
basic issues of Civil Code", Institute of Legal Science Research
(1997), edited by author Hoang The Lien, [91. Tr 262], Doctoral
thesis of law: "Inheritance according to the law of Vietnamese
citizens from 1945 up to now", by Phung Trung Tap (2002), [52],
book: "Inheritance according to law of Vietnamese citizens from
1945 to now ”by Phung Trung Tap (2004) [54, P.5] ...
7

The above studies all mention the meaning of the law on
inheritance but there have not been any specific studies on the
meaning of the law on inheritance. Each perspective of a different
author brings up a different meaning of inheritance rules. But from
any perspective, we can see the significance and the huge role of
the provisions on inheritance in regulating relationships in society
today.
* Regarding the cases of inheritance according to law
The research works on inheritance cases according to law,
there are works such as:
Book: "Scientific commentary on some basic issues of Civil
Code", Legal Research Institute (1997) [91], edited by author
Hoang The Lien, book: "Inheritance according to the law of
Vietnamese citizens from 1945 to the present ”by Phung Trung Tap
(2004) [54], book:" Legislation on inheritance and dispute
resolution practices "by Pham Van Tuyet and Le Kim Giang ( 2017)
[81] ...
The above constructions have an agreement on raising
inheritance cases according to law according to the current law
provisions at the time such works are announced. Particularly, the
book "Inheritance according to the law of Vietnamese citizens from
1945 up to now" (2004) [54], the author of the author Phung Trung
Tap pointed out and analyzed the cases of inheritance according to
the law in our country before the August Revolution and after the
period after the August Revolution to 2004.
8


* About the inheritance and the heirs according to law
In recent years, there have been many research works on

issues of inheritance according to law, such as: "Scientific
commentary on some basic issues of Civil Code", Institute of Legal
Science Research ( 1997) [91], authored by author Hoang The Lien,
wrote: "Children's rights to property and inheritance, some
theoretical and practical issues", by Ha Thi Mai Hien published in
the Journal of State and Law, No. 5, 1998 [18], Book: "Some
thoughts on inheritance in Vietnam Civil Law" (1999) [11] by
Nguyen Ngoc Dien, The article "Discussing the inheritance
relationship between stepchild and stepfather" by Thai Cong Khanh
published in Journal of People's Court, No. 2/2002. Book: "Legal
inheritance of Vietnamese citizens from 1945 to present" by Phung
Trung Tap (2004) [54], book: "Legislation on inheritance and
dispute resolution practices" (2017 ) by authors Pham Van Tuyet
and Le Kim Giang [81] ...
The above works are all about inheritance and the scope of
people inheriting inheritance according to the law, the suitability or
non-conformity of the provisions of Vietnamese law, the limitations
of law. Vietnam has not stipulated the right to inherit the position of
children and grandchildren when their parents and grandparents are
deprived of the right to inherit ... from which the authors propose
solutions to amend and supplement the provisions of the law. on
inheritance according to law.

9


1.1.1.2. The research works on the actual situation
prescribed by law on inheritance according to law
Book: "Some thoughts on inheritance in Vietnam Civil Law"
by author Nguyen Ngoc Dien (1999), book: "Inheritance according

to law of Vietnamese citizens from 1945 to present" by Phung.
Trung Trung (2004) [54], the article: "Inheritance in civil laws of
some countries in the world" by Tran Thi Hue "[19] published in
the State magazine and law in October 2006, No. 222, p.78 - 83
Book: "Legislation on inheritance and dispute resolution practices"
by Pham Van Tuyet, Le Kim Giang (2013) [79], book "Inheritance
in America from coloninal times to the present ”(1987) from Carole
Shammas, Marylyn Salmon, Michel Dililin and Publisher Rutgers
[98], book“ A survey of Canadian and German ” Succession Law
”(A survey The Law on Inheritance Law of Canada and Germany
by Eric P. Polten (2011) [99], book “Inheritance Law in Germany
and Australia” by Schuweizei Kobras (2012) [102]. In the above
works, in addition to the authors citing the applicable cases of
inheritance according to law, there is a comparison highlighting the
perfection, translating over time on the applicable cases of
inheritance. According to the law, the comments on the provisions
of the law on inheritance for readers to understand and apply those
rules in real life. The authors have made their comments on the
current situation of the law on inheritance according to law.
1.1.1.3. Practical studies applying the provisions of
inheritance according to law
10


Article: "Children's rights to property and inheritance: some
theoretical and practical issues", by Ha Thi Mai Hien, published in
the State and Legal Journal, No. 5, 1998 [18], "Vietnam's
inheritance law - Judgment and judgment" (Volume 1, Volume 2),
Do Van Dai (2016), Book: "Scientific commentary on Civil Code
2015 of the Socialist Republic of Vietnam Vietnam National

Assembly ”, Nguyen Van Cu, Tran Thi Hue (2017). Book:
"Legislation on inheritance and dispute resolution practices" by
Pham Van Tuyet - Le Kim Giang, 2017 [81] ...
1.1.2. Evaluate the overview of research works
1.1.2.1. The results have been achieved
Theoretically: on the basis of acquiring and inheriting the
provisions of the Civil Code, the research works that these works
have been achieved, the author uses to serve as the foundation for
the theoretical basis of the thesis.
In terms of practice: Many works have studied the practical
implementation of the law on inheritance in general and inheritance
according to the law in particular. These works basically have
approaches and data processing in accordance with the evolution of
reality over time. The author of the thesis also inherits these
methods to conduct research, pointing out the advantages and
limitations of the implementation of the law on inheritance
according to the law in practice.
In terms of proposed solutions: Most of the works are aimed
at solutions to ensure the effective application of regulations on
11


inheritance in general and inheritance according to law. The author
inherits the spirit of the solutions in general with the basic contents
of improving the quality of the contingent of Court and Procuracy
staff as well as improving the people's legal knowledge level and
making recommendations. a number of other recommendations to
ensure the effective application of the law on inheritance.
1.1.2.2. The issues related to the thesis topic posed should be
further studied

Firstly, although there have been many research works and
articles on inheritance in general, there have not been any
researches on inheritance according to the law in particular.
Therefore, the thesis will give a comprehensive view of inheritance
according to law, clarifying the theoretical issues related to this
issue.
Secondly, culture, science and technology change, socioeconomic development, inheritance has changed today compared to
traditional heritage, so the subject of disputes also changed, that is
also is one of the new points that the thesis needs to study.
Corresponding to the change and development of the socioeconomy, disputes on inheritance are also increasingly complex in
the number and nature of the case, so the thesis researches and
proposes new solutions to correct. change laws and improve the
effectiveness of the law on inheritance.

12


CHAPTER 2
A NUMBER OF THEORETICAL ISSUES ABOUT
LEGAL DEFINITION
2.1. Concept and characteristics of inheritance according
to law
2.1.1. Inheritance and inheritance rights
Social history has proven that inheritance is an indispensable
element of the development process. The wealth that is left unused
before death will be left to others and often to the relatives of the
dead.
Inheritance and the right to inheritance have a close
relationship with each other. Inheritance rights are a legal category
whose contents define the scope of rights and obligations of entities

in the field of inheritance [54, p. 23].
2.1.2. The concept of inheritance according to law
Inheritance at law is the mode of moving the inheritance of
the deceased to the survivors but between them and the person
leaving the inheritance related to marriage, bloodline or nurture
according to the conditions of inheritance, inheritance and The
order of inheritance is prescribed by law.
2.1.3. Inheritance characteristics by law
An heir at law can only be an individual, only enjoy
inheritance according to the conditions prescribed by law. In
inheritance according to law, the inheritance must be transferred
according to the inheritance line and the inheritance sequence
13


2.2. Meaning of provisions on inheritance according to
law
Ensuring the inheritance of the heirs is always determined,
ensuring the right to inherit of the relatives in the family,
contributing to maintaining the social order
2.3. Some issues related to inheritance according to law
2.3.1. Legacy and how to determine it
2.3.1.1. Heritage Definition
An inheritance is all property owned by an individual that
they leave to their heirs after death.
An inheritance includes the following types of property
legally owned by the person who leaves an estate: tangible objects,
money, valuable papers, property rights.
2.3.1.2. How to determine an estate
Inheritance consists of two types: the first is the private

property of the dead, the second is the property part of the dead in
common property with others.
Firstly, the deceased's personal property includes the personal
property of a spouse prior to marriage, the property inherited
separately from and given to him / her during the marriage period; ,
husband according to the case of division of common property
during the marriage period, property in service of essential needs of
the spouse and other properties which, according to law provisions,
are privately owned by husband and wife.

14


Secondly, one-half of the assets in the property block are
jointly owned by the deceased with their spouses.
Third, the assets of the dead are in the part-owned properties.
Fourthly, the assets of the deceased due to their capital
contribution to various types of enterprises, such as limited liability
companies, purchased shares of joint stock companies
2.3.2. Inheritance according to law
Inheritance is the range of people who can inherit inheritance
determined based on close relationships between the inheritor and
the heir. The inheritance area is divided into different rows and the
latter only inherits the inheritance when no one is enjoyed in the
previous row.
2.3.3. Some common issues about position inheritance
Civil Code 2015 does not define what is inheritance, but only
lists the cases of inheritance as follows: the case of the child of the
person who left the estate died before or at the same time with the
person who left the inheritance then the child is entitled to the estate

enjoyed by his / her father or mother if still alive; if the grandchild
also dies before or at the same time with the person who left the
inheritance, the great-grandchildren shall inherit the part of the
inheritance of the great-grandchild if they are alive [51; Đ 652].
Thereby, it is possible to draw the concept: Succession is a
law prescribed when a parent dies before or dies at the same time
with his grandfather, grandmother or grandfather, maternal
grandmother, the child is replaced of a father or mother in order to
15


inherit a part of the inheritance which a parent should have been
entitled to enjoy from the grandfather, grandmother or grandfather,
grandmother and also the case when the parent died before or died
at the same time with In particular, the child may replace the
position of the father or mother to inherit the part of the inheritance
that the father or the mother is still entitled to.
CHAPTER 3
CURRENT SITUATION OF LEGAL REGULATIONS
ON INHERITANCE
3.1. The principles of Vietnamese law on inheritance
according to law.
3.1.1. Every individual is equal in inheritance.
Equality reflected in the right to leave an inheritance and the
right to inherit it (between father, mother, son and daughter,
grandparents and grandparents ...)
3.1.2. Respect the will of the subjects in inheritance relation
Is respect for the rights of the person who leaves the estate as
well as the right of the beneficiary.
For intangible property, being the subject of intellectual

property rights, the right to leave the estate of the person leaving the
estate is prescribed by law with a number of separate provisions.
3.1.3. Ensuring the right to inherit of some heirs according
to law.
3.2. Cases of inheritance according to law
3.2.1. There is no testament
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Can be interpreted as a person who has an estate that does
not make a will or a person who leaves an estate with a will, but
their will falls into one of the following conditions: revoke the will
itself, or the will was so damaged that it could not be read ...
3.2.2. The testament is not legal
An illegal will or a will that is not enforceable is also one of
the cases where the estate will be divided according to law.
3.2.3. The heirs at the testament die before or at the same
time as the testator; Agencies and organizations entitled to
inheritance according to wills no longer exist at the time of
opening the inheritance
3.2.4. Those who are appointed as heirs by will without
having the right to inherit or refuse to receive the estate
The deceased has left a will which clearly states that heirs
but the appointed person is not entitled to inheritance because he /
she falls into one of the cases specified in Clause 1, Article 621 of
the Civil Code 2015 or they refuse receive heritage. In this case,
legal inheritance will be applied to resolve the issues that arise.
3.2.5. The estate part is not determined in the will
If there are parts of the estate that have not been decided in
the will, the properties that have been decided in the will will be

divided according to the will, the remaining part that has not been
decided in the will will be divided according to the law.
3.2.6 The recipient of the estate does not depend on the
content of the will
17


Article 650 of the Civil Code 2015, the cases of inheritance
according to the law do not stipulate the case that the recipient of
the estate does not depend on the content of the will. However,
these are cases where the law stipulates that the person leaving the
estate must give those who are closest to them to enjoy the
compulsory inheritance (2/3 of the inheritance by law) if disqualify
their estate without any inheritor or less than two-thirds of the
inheritance prescribed by law.
3.3. Inheritance according to law
Inheritance by law is a group of people who have the same
degree of closeness to the dead and, accordingly, they share the
same inheritance with the inheritance left by the dead [81, p.296].
Civil Code 2015 has the provisions on inheritance in Article
651 as follows:
- The first inheritance includes: spouse, natural father,
natural mother, adoptive father, adoptive mother, natural children
and adopted children of the dead;
- The second inheritance includes: paternal grandmother,
paternal

grandmother,

grandmother,

elder

sister,

maternal
younger

grandmother,
siblings

of

maternal
the

dead;

grandchildren of the dead, of whom the dead are paternal
grandfather, maternal grandmother, maternal grandmother;
- Third inheritance includes: maternal and maternal
grandparents of the dead; uncle, uncle, aunt, aunt of the dead;
grandchildren of the dead and deceased are uncle, uncle, aunt, aunt,
18


aunt; great-grandchildren of the deceased whose paternal and
maternal grandparents died.
From inheritors, the law divides in order into succession
rows. However, there are many differences in national regulations

on inheritance. Like the civil laws of France, England, USA, Japan,
Thailand ... there are other provisions of Vietnamese law such as
not dividing inheritance people into three inheritance lines, or
spouses. belongs to the first inheritance of each other, or children
belong to the first inheritance of the parents but the parents do not
belong to the first inheritance of the children ...
3.4. Inherited position
Civil Code stipulated in Article 652 on inheritance is as
follows: “If the children of the deceased leave before or at the same
time with the person who left the estate, then they will inherit the
part of their inheritance from their father or mother to be enjoyed if
alive; if the grandchild also dies before or at the same time with the
person who leaves the inheritance, then the great-grandchild will be
entitled to the part of the inheritance of the great-great-grandchild if
they are still alive. ” Inheritance is the position of the children,
replacing the position of their parents to inherit.

19


3.5. Division of inheritance according to law
When studying the provisions of law as well as heritage
division practices, some key contents may be given:
First, identify the heirs according to the law in the previous
inheritance
Second, the estate is equally divided among those who
inherit it in the same row.
Third, if there is a situation where the heir inherits an
inheritance in kind, the difference (if any) must be paid.
Fourthly, cases of restriction on division of inheritance

according to law. Article 661 of the Civil Code 2015 provides for
cases of restriction of division of inheritance [51, Article 661].
Fifth, dividing the estate in case of having new heir or
having inheritance denied
Sixth, regarding the division of inheritance as intellectual
property rights, the law has a number of separate provisions
CHAPTER 4
PRACTICE OF APPLICATION OF LEGISLATION
ON INHERITANCE ACCORDING TO LAW AND A
NUMBER OF RECOMMENDATIONS
4.1. General assessment of inheritance disputes under
the law in Vietnam in recent years
According to figures of the Supreme People's Court
reported to the National Assembly at the October annual meeting,
20


the ratio of inheritance disputes to the general civil disputes is filed
by all Courts (including Appellate and appeal) increasing
acceptance. The first instance trial in 2017 and 2018 had the highest
rate of increase, increasing 0.4% each year of the general civil
sentence. The appeal court also has a faster growth rate than the
first instance, in 2017 the inheritance sentence accounted for 5.5%
of the general civil sentence, in 2018 increased by 1.0%, accounting
for 6.5% of the general civil sentence
Table 4.1. The data of inheritance disputes compared
with general civil disputes in Vietnam
Unit: the case
Appeal

Instance
Year
General
civil

Inherit Ratio(%)

General
civil

Iheritance

Ratio
(%)

2014

115589

3449

3.0 %

10869

499

4.6 %

2015

109260

3429

3.1 %

10164

504

5.0 %

2016

113092

3384

3.0 %

10994

672

6.1 %

2017

126178

4288

3.4 %

9866

547

5.5 %

2018

142369

5422

3.8 %

11248

735

6.5 %

2019

170779

6894

4,0%

13302

971

7,2%

(Source: Annex of report of the Supreme People's Court at the
October annual meetings of the National Assembly (from 2014 to
2019)
Regarding the dispute on inheritance according to law, there
are no specific statistics, but out of 609 cases of first instance, 377
appellate cases were tried by the People's Courts at all levels in
21


2017 [63] , 64, 65, 66, 67, 68], the author studied 250 judgments
published by the Supreme People's Court on the author's web portal
that found the majority were inheritance division disputes legal.
Only about 2% of the cases require the Court to determine the
validity of a will and the will recognized by the Court to be valid
without giving rise to a request for division of inheritance according
to law. There are a small number (about 3%) of disputes related to
wills but after that there were still more inheritance disputes under
the law. Thus it can be seen that most inheritance disputes are
related to inheritance according to law.

General court of inheritance

10000
Án sơ thẩm về thừa
kế

5000
0
2014 2015 2016 2017 2018 2019

Diagram 4.1. Dispute inheritance in Vietnam from 2014
to 2019
(Instance)
(Source: Annex of report of the Supreme People's Court at
the October annual meetings of the National Assembly (from 2014
to 2019)
Looking at the chart above, we see the rate of inheritance
disputes increasing rapidly over the years. On January 1, 2017,
although the Civil Code 2015 took effect, the rate of inheritance
disputes still increased. The number of inheritance disputes tends to
22