Can foreigners inherit land under a will?

by DangKhoi

Can foreigners inherit land under a will? What are the Cases where foreigners are allowed to own houses in Vietnam?

A will is an expression of an individual’s will to transfer his or her property to another person after death. So when an individual dies leaving a will to a foreigner, is that foreigner capable of inheriting the land according to the will? Let’s find out in this article with LSX Law firm.

Legal Grounds

  • Civil Code 2015.
  • Land Law 2013.
  • Housing Law 2014.

Is it possible to fill a will to leave a legacy for foreigners?

According to Article 626 of the 2015 Civil Code, the testator has the following rights:

  • Designate an heir; the disenfranchisement of the heir.
  • Allocate the inheritance for each heir.
  • Set aside a part of the property in the heritage for worship purposes.
  • Assign obligations to heirs.
  • Designate the will keeper, estate administrator, estate divider.

As such, the testator has the right to leave his estate to whomever he wishes; regardless of whether the recipient is a foreigner or a Vietnamese. However, In order for a will to be legal, it must meet the following conditions:

  • The testator is lucid and wise. while making a will; without being deceived, threatened or coerced.
  • The content of the will does not violate the prohibition of the law, does not violate social ethics; the form of a will is not contrary to the provisions of the law.

Article 630 of the 2015 Civil Code

In other specific cases, it is necessary to follow detailed instructions of the law.

Can foreigners inherit land according to wills?

According to the law, a foreigner can enjoy the inheritance left by a Vietnamese person located in the territory of Vietnam. But according to regulations, foreigners can’t own real estate in Vietnam, they don’t have land use rights certificates. However, they still have the right to enjoy the value of the inheritance and perform the obligations of the will.

The rights of foreigners when inheriting real estate

According to the provisions in Article 86 of the 2013 Land Law; When inheriting a house, a foreigner has the following rights:

The heir doesn’t have a certificate of land use rights, ownership of houses, and other land-attached assets but they have the right to transfer or give the land use rights as a gift according to the following provisions:

  • When transfering the land use rights, the heir is the assignor in the land use right transfer contract;
  • When donating land use rights, the recipient must be the subjects specified at Point e, Clause 1, Article 179 of this Law and in accordance with the housing law, in which the recipient inherits the land use rights. The heir is the donor in the contract or written commitment to donate;
  • If the land use rights has not been transferred or donated, the heir or the authorized representative shall submit the application for receiving inheritance at the land registration agency so that their rights are recognized.

In addition, the heir may authorize a person to look after or temporarily use the land and perform their obligations in accordance with the land law and other relevant laws.

Cases where foreigners can own houses in Vietnam

Who can own houses in Vietnam?

In pursuant to Article 159 housing laws in 2014, foreigners owned home are defined as below:

Organizations and individuals first invest in the construction of houses under projects in Vietnam in accordance with this Law and relevant laws;

  • Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds, and branches of foreign banks operating in Vietnam (hereinafter collectively referred to as foreign organizations) );
  • Foreign individuals who are allowed to enter Vietnam.

Foreign organizations and individuals may own houses in Vietnam through the following forms:

  • Investment in housing construction projects in Vietnam in accordance with this Law and relevant laws;
  • Purchase, lease-purchase, donation, or inheritance of commercial housing, including apartments and separate houses in housing construction investment projects, except for areas reserved for ensuring national defense and security.

Conditions for foreigners to own houses in Vietnam.

Pursuant to Article 160 of the 2014 Housing Law, we have the following provisions:

  • For foreign organizations and individuals specified at Point a, Clause 1, Article 159 of this Law, they must have an investment certificate and have a house in the project in accordance with this Law and relevant laws.
  • A foreign organization specified at Point b, Clause 1, Article 159 of this Law, it must have an investment certificate or documents permitting its operation in Vietnam.
  • For the foreign individual specified at Point c, Clause 1, Article 159 of this Law; Must be allowed to enter Vietnam and not be entitled to preferential rights; diplomatic immunity; consular office in accordance with the law.

Finally, hope this article is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Frequently asked questions.

Can foreigners own houses in all commercial houses investment projects?

In accordance with the law, Foreigners can own houses in all commercial houses investment projects; except for areas reversed for ensuring national defense and security as prescribed by Vietnamese law.

What do foreign individuals need to do to become eligible to buy a house in Vietnam?

Foreign individuals can marry Vietnamese citizens since Vietnamese in Vietnam or overseas can own houses in Vietnam.

Obligations of foreigners when inheriting land according to wills.

Foreigners who are heirs need to comply with the provisions of Vietnamese law in order to exercise their inheritance rights and fulfill their obligations in the will.

Foreign organizations and individuals may sell apartment buildings owned in Vietnam

Pursuant to Clause 1, Article 161 of the Law on Housing 2014; Foreign organizations and individuals investing in housing construction under projects in Vietnam have the right to sell their apartments.

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