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The Supreme People's Court of Vietnam: Benchbook Online

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3.1.3. Judges must check other conditions for the acceptance of the inheritance cases


Related legal documents
  • Law on Land (Article 135)
  • Resolution No. 58/1998/NQ-UBTVQH10 (Article 2)
  • Decree 70/CP dated June 12 1997 of the Government (item 1 Article 11)

  • Main tasks and practical skills:

    • Specifying exactly the person who is in charge of paying the court fee deposit: in inheritance cases, a plaintiff, a defendant counterclaiming against a plaintiff or a person with related rights and liabilities  must pay a court fee deposit (50% of estimateded court fee) and the court fee shall be calculated in accordance with item 1 Article 11 of the Decree No. 70/CP dated June 12th 1997 which states that the fee should be “equivalent to the value of the assets they may be entitled to".
    • Determining whether the case is under any restriction to be resolved (For example, in regard to inheritance of house, commencing inheritance was before 1 July 1991 in which there is a Vietnamese party residing abroad or there are foreign organizations, foreign individuals. This case must wait for instructions from the Standing Committee of the National Assembly).
    • Paying attention to other conditions such as conciliation at the local level with respect to inheritance disputes relating to land (Article 135, Article 136 of the Law on Land).