Declaration of inheritance requires those who are entitled to inherit according to the will or those in the line of heirs according to law to carry out procedures to declare and establish property rights over the inheritance left by the deceased. This declaration is made at the People's Committee.

According to the 2015 Civil Code, Decree 23/2015/ND-CP, the declaration of inheritance at the People's Committee is carried out according to the choice of the heirs. The law does not require them to carry out the procedure for declaring heritage at the People's Committee or at a notary practice organization.

According to Article 5 of Decree 23/2015/ND-CP, the declaration of inheritance falls under the jurisdiction of the district People's Committee or commune People's Committee, specifically as follows:

- The Justice Department of a district, town, or provincial city has the authority to resolve cases of declaration of inheritance where the estate is movable property.

- People's Committees of communes, wards, and towns have the authority to resolve cases of inheritance declaration where the inheritance is assets related to movable property, land, and housing.

Procedures for declaring inheritance at the People's Committee are carried out according to the following steps:

Step 1: Prepare documents

To carry out the procedure for declaring inheritance at the People's Committee, you need to prepare the following documents:

• Draft inheritance declaration document

• Death certificate or documents proving that the person leaving the estate has died

• Documents proving the assets of the person leaving the legacy such as: land use rights certificate; saving; Bank card; an insurance contract.

• Personal documents of the person claiming the estate such as identity card, citizen identification card, passport, household registration book;

• Will of the deceased (if any)

• Documents proving the personal relationship between the person leaving the legacy and the recipient of the legacy: household registration book, birth certificate, marriage certificate, child adoption certificate;

Step 2: Submit application to People's Committee

After preparing the documents, the person who declares the inheritance submits the documents to the People's Committee. The receiving departments conduct checks on documents in the dossier to request the truthfulness of inheritance declaration. If there are any shortcomings in the dossier, instructions will be given to amend and supplement it to make it complete.

Step 3: Authenticate the declaration of inheritance

After checking the dossier, if the dossier is complete, at the time of authentication, the parties participating in the inheritance declaration are voluntarily, lucid, aware, and in control of their behavior, then authentication will be performed.

- At the time of authenticating the document declaring inheritance, all other recipients must be present at the People's Committee, in front of the person performing the attestation.

The person performing the authentication must compare their signature in the estate declaration document with the sample signature before authenticating. If you suspect the signature is different from the sample signature, ask that person to sign in front of you.

If the person requesting authentication of the inheritance declaration document cannot write it, he or she must write it; If that person cannot read, hear, sign, or take notes, there must be two witnesses. The witness must have full civil capacity and has no rights, interests or obligations related to the declaration of inheritance.

- The person who authenticates the document declaring the inheritance records the testimony in the document; Sign, write full name, stamp and record in the authentication book.

Thus, the implementation of procedures for declaring inheritance at the People's Committee has been completed.