Currently, many foreigners come to Vietnam to live. On the contrary, many Vietnamese people go abroad to reside and work. When participating in social relations, they leave a consequence that the inheritance of their heritage many years later will include both foreign and Vietnamese elements. Indeed, many foreigners enjoy inheritance in Vietnam nowadays. However, some might face difficult situations because they do not know how to carry out inheritance procedures legally. Therefore, in this article, LSX legal firm provides: “Inheritance process for foreigners in Vietnam”
- Civil Code 2015
- Law on Notarization 2014
- Law on Land 2013
- Decree 29/2015/ND-CP
Inheritance rights of foreigners
The Civil Code 2015 stipulates:
Article 624. Wills
Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death.
Article 626. Rights of testators A testator has the following rights:
- Appoint heirs or to deprive an heir of the right to inherit the estate;
- Determine those parts of the estate to which each heir is entitled to;
- Reserve part of the estate as a gift or for worship purposes;
- Designate heirs to perform obligations;
- Appoint a custodian of the will, an administrator of the estate, and a distributor of the estate.
Accordingly, a will expresses an individual’s will to transfer his or her property to another person after death. If the will is legal, the inheritance will be divided according to the content of the will.
Under Vietnamese legislation, all individuals have equal rights to leave their property to others and the right to inherit an estate under a will or by law. As long as the law recognizes the validity of a will, the heir can inherit the heritage regardless he/she holds Vietnamese nationality or foreign nationality.
Inheritance involving foreign elements
Inheritance with foreign elements is an inheritance relationship in which at least one party is a foreign individual or legal entity, or the grounds for establishing, changing, or terminating such relationship occur in a foreign country or the inherited property located abroad according to Article 663 of the Civil Code 2015.
However, foreigners are only entitled to the value of the inherited property as land use rights, the value of land use rights is converted into money and cannot be received in kind. That means, Vietnamese law does not allow foreigners to own land use rights.
Article 186 of the Law on Land 2013
Article 186. Rights and obligations involving land use of overseas Vietnamese who are eligible to own houses in Vietnam; foreign individuals or overseas Vietnamese who are ineligible to buy houses associated with land use rights in Vietnam
- If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted the certificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions:
a) In case of transferring land use rights, the heirs may act as the transfer or in the contract of transfer of land use rights;
b) In case of donating land use rights, the people to receive land use rights must be the subjects specified at Point e, Clause 1, Article 179 of this Law and be eligible under the housing law, in which the heir may act as the donor in the contract or written document on donation commitment;
c) In case of not making the transfer or donation of land use rights, the heir or his/her representative with a lawful document on authorization, shall submit a dossier on the inheritance to the land registration agency in order to update on the cadastral book
Notarization of written agreements on division of estate
- The heirs at law or under a testament which does not specify the portion of the estate to enjoyed by each heir may request notarization of their written agreement on the division of the estate.
In the written agreement on the division of the estate, an heir may donate the whole or part of his/her portion of the estate to another heir.
- In case the estate is land use rights or an asset subject to ownership registration under law, the notarization request dossier must comprise the papers proving the estate leaver’s land use rights or ownership of that estate.
In case of inheritance under law, the notarization request dossier must comprise the papers proving the relationship between the estate leaver and the estate heir in accordance with the law on inheritance. In case of inheritance under a testament, the notarization request dossier must comprise a copy of the testament.
- A notary shall verify whether an estate leaver is the person having land use rights or asset ownership and the notarization requesters are estate heirs; if suspecting or having grounds to believe that the leaving and inheritance of the estate are unlawful, the notary may reject the notarization request or conduct verification or solicit assessment at the request of the notarization requester.
Notarial practice organizations shall post up information on the acceptance for notarization of written agreements on division of estate before conducting the notarization.
- A notarized agreement on division of estate serves as a basis for competent state agencies to register the transfer of land use rights or asset ownership to estate heirs.
Inheritance process for foreigners in Vietnam
Handling notarization of the agreement on division of the estate and the declaration of inheritance must be posted within 15 days from the date of posting. A notarial practice organization shall carry out the posting at the head office of the commune-level People’s Committee of the last place of residence of the testator; in case the last place of permanent residence cannot be determined, it shall be posted up at the place of temporary residence with the last term of residence of such person.
After 15 days of posting without complaint or denunciation, the notary agency shall certify the inheritance document.
After completing the procedures for declaring the inheritance, the heir must carry out the procedures for registration of property rights to the property subject to registration of ownership.
In the case of real estate inheritance, the foreigner who inherits the inheritance may not receive it directly, but must agree to transfer or donate it in order to enjoy the value of the inherited real estate.
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- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
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Furthermore, using our service, you do not need to do the paperwork yourself. We guarantee to help you prepare documents effectively and legally.
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After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
The above content details information regarding “Inheritance process for foreigners in Vietnam”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: firstname.lastname@example.org
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Frequently asked questions
Under the Civil Code, civil relation involving a foreign element means any of the following civil relations:
a) Having at least one of the participating parties as a foreign natural person or juridical person;
b) The participating parties are Vietnamese natural persons or juridical persons but the basis for the establishment, modification, or termination of such relation arose in a foreign country;
c) The participating parties are Vietnamese natural persons or juridical persons but the subject matter of such civil relation is located in a foreign country
Inheritance must comply with the law of the country in which the person who bequeathed the assets held nationality prior to his or her death.
The parties to the inheritance relationship (one or all parties) are foreigners or foreign legal entities.
The object of the inheritance relationship is overseas estate;
The legal event giving rise to, changing, or terminating the inheritance relationship occurs in a foreign country, under foreign law.