Process, procedures of declaration of inheritance

Declaration and division of inheritance is a necessary procedure after opening inheritance. This is a procedure with many stages. Hereafter is a summary of basic steps:
Steps 1: Determining inheritance and scope of inheritance
Step 2: Notification and announcement about opening inheritance.
Step 3: Establishing Agreement on division of inheritance. After receiving notification of announcement about opening inheritance, people entitled to inheritance shall carry out procedure of declaration and division of inheritance at notary office.
Step 4: Carrying out procedure at Land department
  • Submitting dossier;
  • Receiving tax notification;
  • Submitting personal income tax, registration fee according to tax notification content at the State treasury.
  • Re-submitting dossier;
  • Receiving Certificates of Land use rights.

Legal dossier of parties’ declaration of inheritance
1. ID or passport (origin and copy attached) of each person
2. Household registration (origin and copy attached)
3. Marriage registration, real marriage certificate or single certificate (origin and copy attached)
4. Authorization contract (origin and copy attached), power of attorney (if transaction is established by representative)
5. Birth certificate, Child adoption certificate; court judgment, curriculum vitae, other documents (origin and copy attached), proof of relationship between the giver and the heir.
Legal dossier of giver
1. Death certification (origin and copy attached) of giver, death notification, court judgment announcing dead (origin and copy attached)
2. Marriage registration, real marriage certificate or single certificate (origin and copy attached)
3. Testament (if any)
Documents proving property use right, ownership right is inheritance:
1. Certificate of land use right, Certificate of house ownership and land use right, Certificate of land ownership issued by the People’s Committee, Certificate of works on land ownership, other documents of house (origin and copy attached); License of trade, moving house – formalizing issued by the People’s Committee of district level, with certification of Tax registration and land Department of HCM city; Document of selling house certificated by the People’s Committee (if any); Receipt of house and land tax (if any)
2. Construction permit (if any)
3. Inspection record of complete construction (if any)
4. Blueprint created by competent authority, unit, confirmed by the People’s Committee or Resource and environment Department on internal job, scheme (if any)/.
  1. Documents of other properties (saving books, deposit certificate, certificate of account opening bank, car registration, shares)

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