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Table of contents:
- 1. What is inheritance?
- 2. Are overseas Vietnamese entitled to inheritance in Vietnam?
- 3. How do overseas Vietnamese receive inheritance of land and housing?
- 4. What do inheritance lawyer for overseas Vietnamese do?
- 5. What are the criteria for choosing Inheritance Lawyers for overseas Vietnamese?
- 6. Phong & Partners Law Firm provides Inheritance Law services for overseas Vietnamese
- 7. What is the cost of hiring an Inheritance Lawyer for overseas Vietnamese in Quang Nam?
Inheritance right is an individual's right recognized and protected by law. So, when people leave their homeland and settle abroad ("overseas Vietnamese"), are their inheritance rights still guaranteed? The article below will help Clients clearly understand these issues.
1. What is inheritance?
Inheritance is the transfer of a deceased person's property to a living person. The property left behind is called an estate. The time to open the inheritance is the time when the person with the property dies. In case the Court declares a person dead, the time to open the inheritance is the date determined according to the principles of the Civil Code 2015.
Inheritance Lawyer in Quang Nam stated that, in particular, inheritance is divided into two forms: inheritance by intestacy law and inheritance under a testament:
- Inheritance by intestacy law is inheritance according to the line of inheritance, the conditions and order of inheritance are prescribed by law.
- Inheritance under a testament is the disposition of property, transfer of ownership and use rights of property to another person after death in writing or orally.
2. Are overseas Vietnamese entitled to inheritance in Vietnam?
According to the provisions of Article 610 of the Civil Code 2015, all individuals are equal in the right to leave their property to others and the right to enjoy inheritance by intestacy law and inheritance under a testament; There is no restriction to the right to enjoy inheritance between domestic people, foreigners or Vietnamese residing abroad. However, Clause 1, Article 621 of the Civil Code 2015 stipulates cases which there is no right to inheritance as follows:
- People convicted of intentional acts of infringing upon the life or health or of acts of serious mistreatment or torture of an estate leaver, or of seriously violating that person's honor and dignity;
- The person seriously violates the obligation to take care of the person leaving the estate;
- People convicted of deceiving, coercing or preventing the estate leaver from making a will; forging a will, altering a will, canceling a will, concealing a will in order to enjoy part or all of the estate against the will of the person leaving the estate.
Thus, as conclusion of inheritance lawyer in Quang Nam, overseas Vietnamese still have the right to enjoy inheritance in Vietnam if they are not in the case of being deprived of inheritance rights according to the provisions of law or deprived of inheritance rights according to the will of the testator leaving behind the inheritance.
3. How do overseas Vietnamese receive inheritance of land and housing?
Point đ Clause 1 Article 179 Land Law 2013, individuals using land have the right to inherit their land use rights according to will or according to law. In case the heir is a Vietnamese residing abroad and falls under the provisions of Clause 1, Article 186 of this Law, you may inherit land use rights. On the contrary, if you are not subject to the regulations, you will only enjoy the value of that inheritance. Accordingly, the conditions for overseas Vietnamese to inherit land use rights are specifically stipulated as follows:
- Overseas Vietnamese must be allowed to enter Vietnam;
- Overseas Vietnamese are eligible to own housing in Vietnam according to the provisions of housing law and can receive transfer of residential land use rights through purchase, lease purchase, inheritance, or donation of housing attached to the property or receive residential land use rights in housing development projects.
In cases overseas Vietnamese do not meet the above conditions, they will not be granted a Certificate of land use rights, ownership of houses and other assets attached to land. In this case, inheritance lawyer in Quang Nam shall counsel you the way out. Although the fact that they cannot have the ownership, overseas Vietnamese still have the right to dispose of (transfer or donate) the rights use inherited land according to the following regulations:
- In case of transfer of land use rights, the inheritor is named as the transferor in the land use rights transfer contract;
- In the case of donating land use rights, the recipient must be the subject specified in Point e, Clause 1, Article 179 of this Law and in accordance with the provisions of the law on housing, in which the recipient inherits be named as the donor in the contract or written commitment to donate;
- In case the land use rights have not been transferred or donated, the inheritor or representative with a written authorization according to regulations shall submit documents on inheritance to the land registration agency for updating Cadastral book.
4. What do inheritance lawyer for overseas Vietnamese do?
Inheritance lawyers for overseas Vietnamese in Quang Nam provide all will and inheritance services, specifically as follows:
• Counseling, guidance and drafting wills;
• Counseling and evaluating the value of wills;
• Counseling on resolving inheritance disputes at the stages of negotiation and conciliation;
• Counseling on resolving inheritance disputes at Court;
• Represent and/or join with the Client in conciliation and negotiation with co-heirs in dividing inheritance to minimize arising disputes;
• Represent and/or work with the Client with competent state agencies, relevant agencies, organizations and individuals to request coordination in the process of resolving the division of inheritance;
• Representing Clients to make complaints and petitions to ensure Clients' rights in inheritance disputes;
• Represent or protect the legal rights and interests of Clients in inheritance cases at Courts at all levels.
5. What are the criteria for choosing Inheritance Lawyers for overseas Vietnamese?
When looking for an Inheritance Lawyer in Quang Nam for overseas Vietnamese for legal support, Clients should rely on the following criteria:
- Lawyer's reputation
Not only inheritance lawyers but also lawyers in all fields, when choosing, Clients need to evaluate the reputation of the lawyer.
- Professional capacity of Lawyers
If the Lawyer does not have professional capacity, it is likely that the Lawyer will misperceive and evaluate the legal rights and interests of the parties related to the inheritance. This may be the reason why lawyers give inappropriate advice and solutions.
- Experience of Lawyers
Issues arising from inheritance are always associated with family relationships, therefore, an experienced inheritance lawyer not only helps Clients solve the legal problems of the case but can also help related parties preserve family relationships.
- Ethics and "Mind" of Lawyers
Like some professions - teachers, doctors, society requires very high ethics of Lawyers. An unethical teacher can affect the future of many students and their families; An unethical doctor can push many families to the pinnacle of unhappiness and suffering; An unscrupulous Inheritance Lawyer can turn a peaceful family into a prolonged dispute.
6. Phong & Partners Law Firm provides Inheritance Law services for overseas Vietnamese
At Phong & Partners Law Firm, we determine service quality and customer satisfaction as our guiding principles. Phong & Partners Law Firm operates for the philosophy of "Honour justice - Respect goodwill" with enthusiasm, passion, sense of responsibility and always puts the word "MIND" in the profession first.
You can learn more about Phong & Partners Law Office, PHONG & PARTNERS LAW FIRM SYSTEM IN QUANG NAM according to the information below:
PHONG & PARTNERS LAW FIRM
Phong & Partners Lawyer in Da Nang City
1. Phong & Partners Law Firm in Hai Chau - Thanh Khe
Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.
Phone: 02363 822 678 - 0905 102 425
2. Phong & Partners Law Firm in Son Tra
Address: 01 Dong Giang, Son Tra district, Da Nang.
Phone: 0905 205 624
3. Phong & Partners Law Firm in Lien Chieu
Address: 21 Truong Van Da, Lien Chieu District, Da Nang.
Phone: 0961 283 093
4. Phong & Partners Law Firm in Ngu Hanh Son
Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.
Phone: 0905 579 269
5. Phong & Partners Law Firm in Cam Le - Hoa Vang
Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.
Phone: 0901 955 099
Phong & Partners Lawyer in Ho Chi Minh City
Add: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City.
Tel: 0905.503.678
Email: phongpartnerslaw@gmail.com
Website: https://phong-partners.com
Fanpage: https://www.facebook.com/phongpartnerslaw
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7. What is the cost of hiring an Inheritance Lawyer for overseas Vietnamese in Quang Nam?
We are committed to providing Inheritance Law services for overseas Vietnamese with the best quality of service. Depending on the complexity, scale of each case as well as the Clients's needs, we will evaluate and offer appropriate service fees, ensuring all agreements with Clients are always clear and transparent.
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PHONG & PARTNERS LAW FIRM
Phong & Partners Lawyer in Da Nang City
1. Phong & Partners Law Firm in Hai Chau - Thanh Khe
Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.
Phone: 02363 822 678 - 0905 102 425
2. Phong & Partners Law Firm in Son Tra
Address: 01 Dong Giang, Son Tra district, Da Nang.
Phone: 0905 205 624
3. Phong & Partners Law Firm in Lien Chieu
Address: 21 Truong Van Da, Lien Chieu District, Da Nang.
Phone: 0961 283 093
4. Phong & Partners Law Firm in Ngu Hanh Son
Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.
Phone: 0905 579 269
5. Phong & Partners Law Firm in Cam Le - Hoa Vang
Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.
Phone: 0901 955 099
Phong & Partners Lawyer in Ho Chi Minh City
Add: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City.
Tel: 0905.503.678
Email: phongpartnerslaw@gmail.com
Website: https://phong-partners.com
Fanpage: https://www.facebook.com/phongpartnerslaw
https://www.facebook.com/luatsugioinguhanhson
https://www.facebook.com/luatsusontra
Lawyer in Quang Nam
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