English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
a void marriage. It should state that, in the absence of proof to the contrary, properties
acquired while they lived together are presumed to be obtained through their joint
efforts and, hence, owned by them jointly. In this regard, just like in a valid marriage, to
calculate each party’s contributions, reproductive work, including housework and care
for family members are regarded as income-generating labour.
Indicator 117 Do women and men have equal inheritance rights
Article 676(1) of the Civil Code provides who are considered heirs at law:
Article 676: Heirs at law
(1) Heirs at law are classified in the following order:
(a) First rank of inheritance shall include wife, husband, biological father, biological
mother, adoptive father, adoptive mother, biological children and adopted children
of the decedent;
(b)Second rank of inheritance shall include paternal grandfather, paternal
grandmother, maternal grandfather, maternal grandmother, natural brother(s) and
sister(s) of the decedent; grandchildren of whom the decedent is the paternal
grandfather or grandmother, maternal grandfather or grandmother;
(c) Third rank of inheritance shall include paternal and maternal great-grandparents;
paternal and maternal uncles and aunts by blood of the decedent; nephews and
nieces of whom the decedent is the paternal or maternal uncle or aunt by blood;
great grand-children of whom the decedent is the paternal or maternal great
grandparents.
Article 676(2) then provides: “Heirs belonging to the same rank of inheritance shall be
entitled to equal portions in the estate.” It is clear from Article 676(1) that men and women who
are related in the same manner to the testator are in the same rank. No distinction or demotion
is provided on the basis of gender. Article 676(3) further emphasizes: “Heirs belonging to the
subsequent rank of inheritance shall be entitled to inheritance only if none of the heirs of the
preceding rank of inheritance is left as they have died, are not entitled to the estate, are
disinherited or disclaim the estate.”
Also, the Marriage and Family Law further emphasizes the equal right of spouses to
inherit each other’s property according to the provisions of the inheritance legislation. The
Decree on Marriage and Family Law (Ethnic Minorities) in particular lists as ‘backward’
customs the following practices of patriarchy: (a) inability of widows to inherit from their
husbands or if a widow remarries persons other than in her husband’s family, she is not
allowed to enjoy and take away any property from her late husband’s estate; and (b) only sons
are entitled to inherit from their deceased fathers. 778 However, in traditions that practice
matriarchy, the practice is for widowers and sons not to inherit from their deceased wives or
parents respectively. 779 All these instances are prescribed by the Decree on Marriage and
Family Law (Ethnic Minorities) to be eliminated by mobilization.
There are also some accounts of parents preferring their sons to inherit properties,
especially real properties, as they believed that their sons will take care of the parents as well
323
778
Decree on Marriage and Family Law (Ethnic Minorities), Appendix B
779
Ibid.
Marriage and family (Article 16 of CEDAW)