Hello everyone and Lawyer. I have some questions as follows. My parents are Vietnamese. I went to the US to work and live. In order to make the job easier, I applied for renunciation of Vietnamese citizenship and naturalization of the United States. Now that I am old and weak, my parents have called me back to my hometown to take care of me and make a will. However, I do not know how the inheritance rights of foreigners in Vietnam are regulated? Looking forward to receiving help from everyone and Lawyers. Sincerely thank. Hello! To answer the above questions, we invite you to read with Lawyer X. Find out about the above issues through the following article “Inheritance rights of foreigners in Vietnam”.
Legal grounds
Land Law 2013
Civil Code 2015
Inheritance rights of foreigners in Vietnam
Pursuant to Article 624 of the 2015 Civil Code stipulating the will as follows:
“Article 624. Wills
A will is an expression of an individual’s will to transfer his or her property to another person after death.
Besides, Article 626 of the 2015 Civil Code stipulates the rights of testator as follows:
“Article 626. Right of testator
The testator has the following rights:
- Designate an heir; disenfranchisement of the heir.
- Allotment of inheritance for each heir.
- Set aside a part of property in the heritage block to bequeath and worship.
- Assign obligations to heirs.
- Designate the will-keeper, the administrator of the estate, the division of the estate.”
Accordingly, a will is an expression of an individual’s will to transfer his or her property to another person after death. Either way, the last will of the testator is respected and fulfilled.
In addition, according to the law, the testator has the right to designate an heir to his estate. Therefore, whether the heir is a Vietnamese residing abroad or a foreigner, the law of our country always recognizes it, as long as the will is legal.
Can foreigners inherit land use rights in Vietnam?
Article 5 of the 2013 Land Law stipulates:
“Article 5. Land users
Land users who are allocated or leased land by the State, have land use rights recognized, or receive land use rights transfer in accordance with this Law, include:
…
- Vietnamese residing abroad in accordance with the law on nationality;
…”
In addition, Clause 1, Article 169 of the Land Law 2013 provides for receiving land use rights as follows:
“first. The recipients of land use rights are defined as follows:
…
đ) Overseas Vietnamese who are eligible to own houses in Vietnam in accordance with the law on housing may receive the transfer of residential land use rights through the form of purchase, lease-purchase, inheritance receive and donate houses attached to residential land use rights or receive residential land use rights in housing development projects;
…”
Accordingly, the law only recognizes Vietnamese people residing abroad, ie still holding Vietnamese nationality. According to the information you provided, you have given up your Vietnamese nationality, so you are already a foreigner.
Therefore, if the inheritance is real estate. Specifically, the land use right or the house attached to the land use right, then you only enjoy the value of the house attached to the residential land use right.
What inheritances are allowed to be inherited under Vietnamese law?
Pursuant to Clause 1, Article 680 of the 2015 Civil Code stipulates that the inheritance shall be determined according to the law provisions of the country of which the person leaving the heir has the nationality right before his/her death. According to this provision, it can be understood that the law of Vietnam is based on where the person’s death takes place, the law of that country will be applied to divide the inheritance.
According to the provisions of the Civil Code 2015, Assets are objects, money and valuable papers. There are two types of property, namely movable and immovable property, inheritance of movable property and immovable property with foreign elements. do the following:
Inheritance of real estate with foreign elements
According to the provisions of Clause 1, Article 680, inheritance is determined according to the law of the country of which the person leaving the heir has the nationality immediately before his death, except for the provisions of Clause 2 of this Article. Thus, for inheritance of movable estate, according to the law of nationality, that is to say, the law applicable to inheritance relations involving foreign elements in which the inheritance is movable is the law of the country. which the person leaving the estate had a nationality before his death. Thus, a citizen of Vietnamese nationality who dies in any country will also apply Vietnamese law to divide the inheritance of movable property.
However, if a foreign citizen leaving an movable estate is present in the territory of Vietnam and the inheritance relationship occurs in Vietnam, the law of Vietnam will not be applied but the law of the foreign country must be applied that has the nationality to divide the inheritance as movable property.
Inheritance of real estate with foreign elements
According to the provisions of the Civil Code 2015, real estate includes:
Land
Houses, construction works attached to land such as auxiliary works, toilets, wells, water tanks.
Other assets attached to land, residential buildings, such as air conditioners attached to houses, Trees attached to land, etc.
Other property as prescribed by law.
Pursuant to Clause 2, Article 680, Inheritance to immovable property shall be determined according to the law of the country where such immovable property is located. According to Vietnamese law, real estate is a special type of property that must be granted a certificate of land use right or property attached to land. Land is related to national sovereignty, so it is not allowed to transfer land to foreign nationals
Article 186 of the 2013 Land Law, foreigners who are eligible to buy houses in Vietnam will be entitled to inherit houses within the time limit prescribed by the State. Having the rights to buy, sell, donate and inherit within the statutory period.
In case a foreigner is not eligible to buy a house in Vietnam, he/she is only entitled to the value of that real estate, and of course, there is no right to inherit, buy, sell or donate the real estate.
Which agency or organization to contact to carry out the procedures for making a will?
Article 636 of the 2015 Civil Code stipulates the procedures for making a will at a notary practice organization or the commune-level People’s Committee.
Accordingly, individuals can contact notarial practice organizations or commune-level People’s Committees to make wills.
The testator declares the contents of the will before a notary or a person competent to authenticate of the commune-level People’s Committee.
The notary public or the person competent to authenticate of the commune-level People’s Committee must record the contents declared by the testator.
The testator signs or points to the will after confirming that the will has been accurately recorded and correctly expresses his or her will. The notary public or the person competent to authenticate of the People’s Committee of the commune shall sign the will.
Where foreigners enjoy heritage value?
Foreigners can only enjoy the value of property through the transfer or donation of land use rights to other people who fully meet the conditions specified at Points a, b, c, Clause 3, Article 186 of the 2013 Land Law as follows: after:
In case of transfer of land use rights, the heir may be named as the transferor in the land use right transfer contract;
In case of donation of 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. be named as the donor in the contract or written commitment to donate;
In case the land use right has not been transferred or donated, the heir or the representative who has written authorization in accordance with regulations shall submit the application for inheritance at the land registration agency for update on the land use right Cadastral book”
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Frequently asked questions
Foreigners inherit property in Vietnam by will;
Foreigners are entitled to the value of the inherited property which is the land use right. The value of land use rights is converted into money and not received in kind;
Foreign individuals who are allowed to enter Vietnam are entitled to own houses in Vietnam in accordance with the provisions of the Law on Housing 2014.
According to Article 26 of the 2015 Civil Procedure Code, a dispute over property inheritance is one of the civil disputes falling under the jurisdiction of the Court. Specifically, Article 39 stipulates that inheritance disputes that involve an involved party or property in a foreign country or require judicial entrustment to a Vietnamese consulate in a foreign country or a foreign court shall fall under the jurisdiction of a foreign court. jurisdiction of the People’s Court of the province.
Conclusion: So the above is Inheritance rights of foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
