In the context of deepening globalization and international economic integration, the number of foreigners living, working, investing, and establishing long-term ties in Vietnam continues to increase, so is the number of Vietnamese citizens living, working, investing and establishing connections in foreign countries. Incidental to this two-ways streets trends, civil relations involving foreign elements in family contexts, in particular inheritance relations, are becoming increasingly common and complex, requiring strict and good understanding of Vietnamese laws and beyond .
One of the most pressing issues today in Vietnam is: Do foreigners have the right to inherit assets in Vietnam, and if so, under what scope and conditions can this right be exercised?
In this post, we walk you through the general framework about Vietnamese inheritance laws to gauge a basic understanding on how inheritance works here.
Inheritance in Vietnam as in other jurisdictions is not merely the transfer of possession of assets but is also closely tied to ownership rights and the right to dispose of the same, as well as the protection of individual rights and legitimate interests under the principle of respecting civil rights.
However, when the heir is a foreigner, things get a lot more complicated than a purely domestic inheritance matter. Not only Vietnam’s Civil Code is applied here, but also other pertinent laws and special rules like the Land Law, Housing Law, international treaties to which Vietnam is a party, as well as principles of conflict of laws in international private law, will be triggered. This creates numerous practical complications, particularly regarding the inheritance of land use rights, housing, and other assets attached to land—assets subject to strict state management.
Therefore, clarifying the inheritance rights of foreigners in Vietnam, including the scope of inheritable assets, forms of inheritance, conditions for realizing these rights, as well as limitations and methods of asset disposition when ownership of assets cannot be legally established, is an urgent and practice needs in today's Vietnam.
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