Overseas Vietnamese Inheritance Disputes (Việt Kiều) – Procedures for Estate Declaration, Land Use Right Certificates & Legal Solutions

Have Overseas Vietnamese Lost Their Inherited Asset Rights?
Parents passed away, and siblings in Vietnam unilaterally transferred the Red Book (Land Use Right Certificate) into their names. Is there any recourse for Overseas Vietnamese to reclaim their rights?

Thousands of Overseas Vietnamese (Viet Kieu) grapple with challenging questions upon the death of relatives: How are assets, particularly land and savings accounts, left in Vietnam handled? Does the lack of Vietnamese citizenship, prolonged absence from Vietnam, or missing personal identification documents mean you have forfeited your share of the inherited estate?

This article, compiled by an Inheritance Law Specialist at An Law Vietnam, will provide an in-depth legal guide on the 5-step procedure for estate declaration and 3 critical legal solutions to safeguard your legitimate rights and interests.

Reacquisition Of Vietnamese Nationality 6 Mandatory Conditions For Overseas Vietnamese And The Option For Dual Citizenship (2025 Update) (3) — *Photo Description of the Article: Overseas Vietnamese Inheritance Disputes (Việt Kiều) – Procedures for Estate Declaration, Land Use Right Certificates & Legal Solutions*

Contents

Quick Answer:

To save time, here are direct legal answers to the most common inheritance problems that overseas Vietnamese (Viet Kieu) in Vietnam encounter based on practical experience that we often have to handle when consulting legal solutions for clients:

Inheritance Issue	Direct Legal Answer
Can Overseas Vietnamese (Viet Kieu) hold a Red Book in their name?	NO if they are not eligible to own housing in Vietnam. The Viet Kieu beneficiary must transfer or donate the land use right to an eligible party to receive the monetary value (Clause 3, Article 186, Land Law 2013).
Does the inheritance of a savings book require notarization?	MANDATORY. A savings book is considered a Valuable Paper ; the inheritance must be executed via a notarized Deed of Acceptance/Division of Estate (Article 57, Law on Notarization).
What is the statute of limitations for filing a land inheritance lawsuit?	30 years for Land Use Rights and 10 years for other assets (starting from the date the inheritance is opened). Courts still accept the case unless a party explicitly requests the application of the statute of limitations.

Analysis of Land Ownership Rights for Overseas Vietnamese
Under Vietnamese law, all individuals are treated equally regarding inheritance rights, regardless of whether they are domestic citizens, foreigners, or Overseas Vietnamese. However, there are significant differences concerning the right to Own and Use land:
Viet Kieu and the Eligibility to Hold the Red Book
Overseas Vietnamese (persons of Vietnamese origin who no longer hold citizenship) still have the right to inherit Land Use Rights in Vietnam. However:

Case Scenario	Eligibility to Hold the Certificate (Red Book)	Legal Basis
Viet Kieu NOT eligible to own housing in Vietnam.	NOT ELIGIBLE TO BE GRANTED the Certificate. The beneficiary must transfer or donate the Land Use Right to an eligible party (to receive the monetary value).	Clause 3, Article 186, Land Law 2013
Viet Kieu IS eligible to own housing in Vietnam (e.g., holding a Visa Exemption Certificate, granted entry permission).	IS ELIGIBLE to be granted the Certificate and to hold the Land Use Right Certificate in their name.	Article 8, Housing Law, Land Law 2013

Note: If all beneficiaries are foreigners or Viet Kieu ineligible to own housing, they cannot be issued the Red Book; they are only entitled to exercise the right to transfer or donate the Land Use Right to collect the profit in cash.

>Common Causes Leading to Inheritance Disputes
Inheritance disputes involving Overseas Vietnamese are often more complex than domestic cases, stemming from the following reasons:

Missing or Lost Personal Identification Documents: The Viet Kieu cannot locate documents proving kinship (old Birth Certificates, Marriage Certificates) with the deceased.
Geographical Difficulty: Inability to be physically present in Vietnam to conduct legal procedures, leading to a lack of initiative or excessive trust in relatives residing domestically.
Changes in Ownership Law: Lack of awareness regarding regulations on holding titles to land and property in Vietnam, leading to misunderstandings or disputes with co-heirs.

Procedures for Estate Declaration and Establishing Inherited Rights (5 Steps)

Whether the inheritance is executed by Will or by Law, the Overseas Vietnamese must complete the necessary procedures to establish their rights.
Estate Declaration and Division of Inheritance

Form of Inheritance	Legal Basis	Required Document
Testate Succession (By Will)	The Will must be lawful and not contrary to social ethics (Article 681, Civil Code 2015).	Prepare a Deed of Acceptance of Estate (if the sole beneficiary) or a Deed of Agreement to Divide the Estate (if multiple beneficiaries).
Intestate Succession (By Law)	Applies when there is no Will or the Will is invalid (Article 651, Civil Code 2015).	The estate is divided according to the Order of Priority (First Order: Spouse, natural parents, adopted children, etc., each receiving equal shares).

Mandatory Notarization and Registration Sequence (5 Steps)

Step 1: Drafting and Document Preparation: The Viet Kieu prepares the Deed of Acceptance/Division (which can be done via Power of Attorney to a lawyer in Vietnam) and gathers the required documents (Death Certificate, Kinship documents, Original asset titles, etc.).
Step 2: Submission to the Notary Office: Submission at the Notary Office or Notary Public’s office where the real estate is located.
Step 3: Public Posting: The Notary Office is responsible for publicly posting the acceptance/division deed at the office of the Ward/Commune People’s Committee where the deceased last resided for a period of 15 days. This aims to confirm the absence of disputes or other potential heirs.
Step 4: Notarization of the Deed: After the posting period expires without any complaint, the Notary Public proceeds to notarize the Deed.
Step 5: Registration of Change (For Land): The beneficiary submits the notarized document to the Land Registration Office (Văn phòng Đăng ký đất đai) to update the changes and transfer the Land Use Right.

Reacquisition Of Vietnamese Nationality 6 Mandatory Conditions For Overseas Vietnamese And The Option For Dual Citizenship (2025 Update) — *Photo Description of the Article: Overseas Vietnamese Inheritance Disputes (Việt Kiều) – Procedures for Estate Declaration, Land Use Right Certificates & Legal Solutions*

Taxes and Fees (Financial Obligations) upon Inheritance

When completing the procedure for inheriting Land Use Rights, the beneficiary must pay the following financial obligations (unless exempted):

Tax/Fee Item	Rate and Legal Basis	Case for EXEMPTION (Highly Important)
Personal Income Tax (PIT)	A tax rate of 10% on the portion of the inherited real estate value exceeding 10 million VND (Article 16, Circular 111/2013/TT-BTC).	Exempt if the inherited real estate is between: Spouse-Spouse, Parent-Natural Child, Grandparent-Grandchild, or Siblings.
Registration Fee	A rate of 0.5% on the Real Estate Value for Fee Calculation (based on the price table issued by the Provincial People’s Committee).	Exempt if the inherited/donated real estate is between the same kinship/marital relations as exempted from PIT.
Cadastral Fees, Appraisal Fees	Rates vary according to the specific regulations of each locality.	Generally not exempt.

3 Legal Solutions for Resolving Disputes

In the event of a dispute among co-heirs (e.g., a sibling in Vietnam refuses to divide the assets), the Overseas Vietnamese must utilize the following solutions:

Mediation (Preferred): Priority is given to resolving the dispute through negotiation and mediation with the other co-heirs. If successful, a Record of Successful Mediation must be prepared and certified by the Ward/Commune People’s Committee.
Initiating a Lawsuit: If mediation fails, the beneficiary has the right to file a lawsuit with the District People’s Court where the disputed asset is located to request the division of the inherited estate.
Applying the Statute of Limitations: The lawsuit must be filed within the statute of limitations:

30 years for claims demanding the division of Land Use Rights.
10 years for claims demanding the division of other assets (savings books, gold, etc.).

Legal Note: If the Viet Kieu cannot be present to file the lawsuit, a Power of Attorney (notarized/consular legalized) must be executed to authorize a specialized lawyer in Vietnam to represent the client in court proceedings.

Conclusion and Contact for Expert Legal Support

Resolving Inheritance Disputes with Foreign Elements is a complex legal area that demands deep understanding of both the Civil Code and Land Law regulations.
For Overseas Vietnamese, authorizing a Specialized Legal Counsel is the optimal solution to:

Ensure the dossier is precise, particularly regarding consular legalization of foreign documents.
Represent the client in dealings with Notary Offices, Land Registration Offices, and Banks.
Protect legal rights in Court should a dispute arise.

With many years of experience as a Family Law Firm – An Law Vietnam, we specialize in providing comprehensive support to Overseas Vietnamese in matters of wills, inheritance, and asset disputes in Vietnam.
Do you require an assessment of your inheritance file or comprehensive legal assistance?

Contact us today for professional consultation:
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