Procedures for receiving land inheritance from foreigners in Vietnam

Currently, determining the legal relationship regarding inheritance of property left by the deceased, especially real estate, and the beneficiary being a foreigner is of great significance to establishing rights to that property. So, are foreigners entitled to inherit real estate in Vietnam? What are the procedures for receiving land inheritance from foreigners in Vietnam?

1. When are foreigners entitled to inherit?

Foreigners are entitled to inherit property in Vietnam by will;

Foreigners are entitled to the value of inherited assets which are land use rights. The value of land use rights is converted into money and cannot be received in kind;

Foreign individuals allowed to enter Vietnam are allowed to own houses in Vietnam according to the provisions of the 2014 Housing Law.

2. Procedures for inheritance of foreigners

According to civil law, inheritance is determined according to the law of the country of which the testator was a national before his death. Inheritance of inheritance rights to real estate is determined according to the law of the country where the real estate is located.

In the case of inheritance involving foreign elements, if the heir is a foreigner and is unable to return to Vietnam to carry out the inheritance declaration procedure, he/she can choose one of the following two methods:

First, one of the co-heirs goes to a notary office to request notarization and provides a set of documents declaring the inheritance in advance. Foreigners can send documents such as identification papers, documents proving the relationship with the testator, etc. to relatives in Vietnam to request notarization.

Second, foreigners can authorize another person to carry out the inheritance declaration procedure on their behalf according to the provisions of law. This authorization is carried out at the Vietnamese diplomatic representative agency in the country where the person is residing. After having the authorization paper, the foreigner will send it back to the country to the authorized person and other co-heirs to carry out the inheritance declaration procedure.

To receive the inheritance of land according to the will, the heir must carry out the inheritance declaration procedure. The inheritance declaration can be notarized at the notary office where the real estate is located.

Step 1: Submit application

The person declaring the inheritance submits the inheritance declaration file to the notary office where the real estate is located.

Step 2: Processing the application

The notary office receives the documents, processes them and performs the work in accordance with the provisions of law. The notarization of the inheritance declaration must be posted within 15 days. The notary public issues a notice to post at the People's Committee of the commune where the testator last resided.

In case the last permanent residence cannot be determined, it shall be posted at the person's last temporary residence.

In case the inherited property is real estate in many localities, the listing is carried out at the People's Committee of the commune where the real estate is located.

The posting must clearly state the full name of the testator; the full names of the testators; the relationship between the testators and the testator; and the list of inherited assets. At the end of the posting, it must be clearly stated that if there are any complaints or denunciations about omissions or concealment of beneficiaries; omissions of inherited assets; or inheritance not belonging to the testator's ownership or right to use, such complaints or denunciations shall be sent to the notary public organization that performed the posting.

The People's Committee of the commune where the posting is made is responsible for confirming the posting and preserving the posting within 15 days from the date of posting.

Step 3: Return results

After 15 days of posting without any complaints or denunciations, the notary office will carry out the procedure of certifying the document declaring inheritance.

Step 4: Carry out land registration procedures

Carry out the registration of name change on the Certificate of land use rights and assets attached to land at the Land Use Rights Registration Office under the Department of Natural Resources and Environment.

Step 5: Land registration office receives and processes the application.

The land registration office specialist receives and processes the application. If additional documents are needed, the specialist will guide the applicant to complete the additional documents. If the application is valid, the specialist will issue a receipt and schedule a date to return the results.

Step 6: Granting land use right certificate

After checking and verifying the current status, origin, usage process and determining that the issuance of the Land Use Right Certificate is in accordance with the provisions of law, the People's Committee will issue the Land Use Right Certificate to the applicant.

Where are inheritance disputes involving foreign elements resolved?

According to Article 26 of the 2015 Civil Procedure Code, inheritance disputes are one of the civil disputes under the jurisdiction of the Court. Specifically, Article 39 stipulates that inheritance disputes in which the parties or assets are located abroad or require judicial entrustment to the Vietnamese Consulate abroad or to a foreign Court are under the jurisdiction of the Provincial People's Court.