Inheritance right is an individual’s right recognized and protected by law. So, when people leave their homeland and settle abroad (“overseas Vietnamese”), are their inheritance rights still guaranteed? The article below will help you clearly understand these issues
What is inheritance?
Inheritance is the transfer of a deceased person’s property (estate) to living heirs. The inheritance is opened at the time of death or when the Court declares a person dead (under the Civil Code 2015).
There are two forms of inheritance:
- By law (intestacy): based on lines of heirs, conditions and order prescribed by law.
- By testament (will): property is disposed of and transferred according to the deceased’s written or oral testament
Are overseas Vietnamese entitled to inheritance in Vietnam?
Article 610 of the Civil Code 2015 stipulates that all individuals are equal in the right to leave property to others and to receive inheritance, whether they are domestic citizens, foreigners, or Vietnamese residing abroad. There is no legal restriction based on nationality or residence.
However, Clause 1 Article 621 lists cases where a person has no right to inherit, such as:
- Intentionally harming the life, health, honor, or dignity of the deceased.
- Seriously violating the duty of care toward the deceased.
- Deceiving, coercing, or preventing the deceased from making a will; forging, altering, canceling, or concealing a will for illegal benefit.
Thus, Overseas Vietnamese are guaranteed inheritance rights in Vietnam. They may only be deprived of this right if falling into the legal exceptions above or if the deceased’s will excludes them
How do overseas Vietnamese receive inheritance of land and housing?
According to Point đ Clause 1 Article 179 of the Land Law 2013, individuals have the right to inherit land use rights by law or will. Overseas Vietnamese may inherit land use rights if they fall under Clause 1 Article 186. Otherwise, they only receive the value of the inheritance.
Conditions to inherit land use rights:
- Must be allowed to enter Vietnam.
- Must be eligible to own housing in Vietnam under the Housing Law and entitled to receive transfer/inheritance of residential land.
If these conditions are not met, overseas Vietnamese cannot be issued a land use right certificate. However, they may still dispose of the inherited land by:
- Transfer: named as transferor in the contract.
- Donation: recipient must meet the legal requirements and be named in the donation contract.
- Not yet disposed: heir or authorized representative may submit inheritance documents for cadastral updates.
What do Inheritance lawyer for overseas Vietnamese do?
Inheritance lawyers in Da Nang provide full legal services, including:
- Counseling, guiding, and drafting wills.
- Evaluating validity of wills.
- Advising and supporting dispute resolution (negotiation, conciliation, or court).
- Representing Clients in working with co-heirs, state agencies, and other parties.
- Filing complaints and petitions to protect Clients’ rights.
- Inheritance lawyers in Da Nang provide full legal services, including:
- Acting as representatives or defense lawyers in inheritance cases at all court levels.
What are the criteria for choosing Inheritance Lawyers for overseas Vietnamese?
When looking for an Inheritance Lawyer in Vietnam for overseas Vietnamese for legal support, you should rely on the following criteria:
- Reputation: proven credibility and positive feedback.
- Expertise: solid knowledge of inheritance, land and housing laws.
- Experience: practical handling of inheritance cases, especially involving overseas Vietnamese.
- Ethics: professional integrity and sensitivity in family-related matters
Top 3 Inheritance Lawyers for overseas Vietnamese in Danang
Lawyer Le Ngo Hoai Phong
Lawyer Le Ngo Hoai Phong is the founder of Phong & Partners Law Firm. He has extensive experience in legal consulting, specializing in advising and resolving issues related to inheritance and wills. With his practical experience and profound expertise, Lawyer Vuong consistently provides optimal and well-reasoned solutions to clients.
Phone: 0905 102 425
Email: wind5759@gmail.com
Lawyer Phan Thuy Khanh
Lawyer Phan Thuy Khanh is the Deputy Director of Phong & Partners law firm – a seasoned labor lawyer with extensive experience in resolving inheritance and will-related issues.
Phone: 0905 205 624
Email: phanthuykhanh@gmail.com
Lawyer Nguyen Thi Diem Phuong
Lawyer Nguyen Thi Diem Phuong is a highly respected labor lawyer specializing in Inheritance law. On the path to a truly skilled lawyer, Lawyer Nguyen Thi Diem Phuong is constantly improving her knowledge and equipping herself with necessary skills.
Phone: 0905 579 269
Email: diemliberty2505@gmail.com
