With the Land Law 2024 and Housing Law 2023 now in effect, the legal framework for Overseas Vietnamese (Việt Kiều) inheriting property in Vietnam has changed significantly. Navigating these cross-border procedures requires expert legal guidance to protect your family assets.
What is Inheritance for Overseas Vietnamese?
Inheritance for Overseas Vietnamese refers to the transfer of assets located in Vietnam from a deceased person to an heir who is a Vietnamese citizen residing, working, or living abroad.
While rooted in the Civil Code 2015, these cases involve foreign elements, which naturally introduce extra legal and administrative steps. Under Vietnamese law, inheritance is divided into two primary categories:
- Inheritance under the Law: Distributed according to a legally defined order of priority (heir lines), conditions, and procedures if no valid will exists.
- Inheritance under a Will: Distributed according to the written or oral specifications left behind by the deceased to transfer property ownership or usage rights.
Are Overseas Vietnamese Eligible to Inherit Assets in Vietnam?
Yes. According to Article 610 of the Civil Code 2015, all individuals are equal in their rights to leave behind assets or inherit estates through a will or by law. This right applies equally to domestic citizens, foreigners, and Overseas Vietnamese.
However, under Clause 1, Article 621 of the Civil Code, an heir may be disqualified from inheriting if they fall into any of the following categories:
- Individuals convicted of intentionally harming the life, health, or severely mistreating the deceased.
- Individuals who seriously breached their legal obligations to support or nurture the deceased.
- Individuals convicted of deceiving, coercing, or preventing the deceased from making a will, or those who forged, altered, or destroyed the will to alter the estate distribution against the deceased’s wishes.
Unless disqualified by law or expressly excluded in the deceased’s will, Overseas Vietnamese retain full rights to inherit estates in Vietnam.
How an Inheritance Lawyer in Da Nang Protects Your Rights?
Resolving an inheritance from abroad is challenging due to distance, paperwork certification, and local bureaucracy. A professional inheritance lawyer in Da Nang acts as your local legal representative to streamline the entire process.
Our specialized services include:
- Advising, structuring, and verifying the legal validity of wills involving overseas beneficiaries.
- Representing or accompanying clients during negotiations and mediations with co-heirs to resolve asset division amicably and minimize conflicts.
- Working directly with local authorities, notary offices, and relevant agencies to complete estate distribution and property title transfers.
- Acting as your legal counsel to defend your lawful rights and interests in inheritance lawsuits before Vietnamese courts at all levels.
- Lodging official complaints or petitions to secure your rightful estate when administrative blockers arise.
While Vietnamese law protects the inheritance rights of Overseas Vietnamese, executing these rights, especially for real estate, requires precise legal handling. Partnering with a local legal expert ensures a secure, swift, and lawful asset transfer.
📞 Contact Toplaw today to speak with our inheritance lawyers in Da Nang and secure your assets in Vietnam!