INHERIT

1990 Inheritance Ordinance (No. 44-LCT/HĐNN8)

The 1990 Inheritance Ordinance (No. 44-LCT/HĐNN8) was promulgated by the State Council of the Socialist Republic of Vietnam on September 10, 1990. This ordinance laid the foundational legal framework for inheritance matters in Vietnam until it was superseded by the Civil Code 1995. This article provides a comprehensive overview of its key contents, scope, principles, and notable provisions.

1. Basic Information

Title: Inheritance Ordinance 1990

Ordinance No.: 44-LCT/HĐNN8

Date of Promulgation: September 10, 1990

Effective Date: September 10, 1990

Status: Superseded by the Civil Code 1995

Promulgated by: State Council of the Socialist Republic of Vietnam

2. Scope of Regulation

The Inheritance Ordinance 1990 regulated:​

The inheritance rights of citizens.

Procedures for inheritance through wills and by law.

The rights and obligations of heirs.

The management and distribution of estates.

3. Fundamental Principles

Key principles outlined in the Ordinance include:​

Citizens have the right to make wills to dispose of their property.

Equality in inheritance rights regardless of gender.

Protection of inheritance rights for foreign individuals concerning property within Vietnam.

Recognition of both testamentary and statutory succession.

4. Notable Provisions

4.1. Testamentary Succession

Citizens aged 18 and above could make wills; those aged 16-18 could do so with parental or guardian consent.

Wills had to be made voluntarily, without coercion or deception, and not contrary to law.

Wills could be notarized or witnessed, with specific provisions for oral wills in emergencies.​

4.2. Statutory Succession

In cases without a valid will, inheritance followed a hierarchy:

   First line: spouse, parents, children.

   Second line: grandparents, siblings.

   Third line: great-grandparents, uncles, aunts, nieces, nephews.

Equal distribution among heirs of the same line.

4.3. Disqualification from Inheritance

Individuals could be disqualified from inheritance if they:​

Were convicted of intentionally harming the decedent.

Seriously violated obligations to care for the decedent.

Committed fraud or coercion in the making of the will.​