The Law on Housing 2014 stipulates that foreigners can not to buy real estate in Vietnam, but they can still own lands but must follow legal procedures. So what is inheritance with foreign elements in Viet Nam? Let’s find out this question with LSX Law firm.
Law on Housing 2014
Civil Law 2015
Inheritance with foreign elements
In the context of strong international integration today; many social relations go beyond the scope of the country; one of which is inheritance relations with foreign elements. Inheritance cases involving foreign elements include:
- The person who left the property is a foreigner or a Vietnamese residing abroad;
- The property heirs are foreigners or Vietnamese residing abroad;
- Inherited property abroad.
Foreigners inherit land in Vietnam?
According to the provisions of Article 680 of the 2015 Civil Code on inheritance by law involving foreign elements; the following provisions as follow:
- Firstly, Inheritance according to law must comply with the law of the country of which the person leaving the heir had the nationality before his death.
- Secondly, Inheritance to immovable property is subject to the laws of the country where the immovable property is located
Procedures for declaring inheritance with foreign elements still proceed in the usual order; specified in the Law on Notary 2014 and Decree 29/2015/ND-CP Decree; detailing and guiding guiding the implementation of a number of articles of the Law on Notarization.
The agreement on the division of the estate and the declaration of the estate must be publicly posted at the headquarters of the commune-level People’s Committee; where the estate leaver previously resided; in case he does not have a place of permanent residence; it shall be posted up at the commune-level People’s Committee of the place of temporary residence of such person.
Afterwards 15 days of listing, if there is no complaint or denunciation, the notary agency will certify the written agreement on division of inheritance under Article 57 of the Law on Notarization 2014.
In case of inheritance involving foreign elements, if the overseas heir does not have the conditions to return to Vietnam for a long time to carry out the procedures for declaring the inheritance, he/she can flexibly choose one of the following two ways:
The first way
One of the co-heirs goes to a notary public to request notarization and to provide in advance a set of documents related to the declaration of inheritance. Persons living abroad can send documents (depending on documents). relatives; papers proving the relationship with the estate leavers …); return home first for relatives in Vietnam to carry out procedures for notarization. After completing the dossier, the notary organization conducts notarization procedures as usual.
After 30 days of posting the notice, if there is no complaint or denunciation; the inheritance declaration shall be carried out. At this time, people who are abroad can return to their home country and join the co-heirs to a notary public to make and sign a document declaring the inheritance. When making and signing documents in the presence of a notary, he/she shall present the originals of his/her identity papers and papers related to the declaration of his/her inheritance.
In case a person living abroad cannot return home, he/she may authorize a domestic person to carry out the procedures for declaring the estate on his/her behalf in accordance with law. The authorization is made at the diplomatic mission of the Socialist Republic of Vietnam in the country; where the person is living, such as the Embassy or Consulate.
The power of attorney must clearly state the following information: information about the principal and the authorized person; authorization basis (information about inheritance, inherited property, etc.). At the same time, clearly state the content of the authorization such as: “The authorized person has right to act on my behalf and on my behalf to carry out the procedures for declaring the inheritance according to the provisions of law.”
After the power of attorney is sent back from the person who is abroad; the authorized person may, together with other co-heirs of the person leaving the estate, go to the notary public to request the procedure for declaring the estate. inheritance according to the provisions of law. The authorized person only performs the work within the authorized scope.
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Land parcel means a land area delimited by boundaries determined in the field or described in records.
Land use plan means the division of a land use master plan according to periods of time for implementation during the period of the land use master plan.
Land use master plan means the distribution and zoning of land by use space to serve the objectives of socio-economic development, national defense, security, environmental protection and climate change adaptation based on the land potential and land use demands of all sectors and fields, for each socio-economic region or administrative unit in a given period of time.