Inheritance Rights of Foreigners With Parents of Vietnamese Origin

As international integration deepens, more foreigners have blood ties with Vietnam. This group includes individuals holding foreign nationality whose father, mother, or both were once Vietnamese or of Vietnamese origin—distinct from overseas Vietnamese (Việt kiều) who retain Vietnamese nationality, and foreigners without Vietnamese ancestry. Analyzing inheritance rights for this group requires reviewing legal provisions on nationality, residence, proof of lineage, intestate and testamentary succession, notarization, authentication, land and housing ownership, and procedures for exercising inheritance rights in Vietnam.

This analysis focuses on foreigners with parents of Vietnamese origin, excluding overseas Vietnamese, Vietnamese residing abroad who retain Vietnamese nationality, and foreigners without Vietnamese ancestry. The scope covers key legal documents, practical application, case law, and real-life examples, with emphasis on recent amendments including the Land Law 2024, the Housing Law 2023, and related decrees and guidelines.

1. Identifying Foreigners with Parents of Vietnamese Origin
1.1. Definition
“Persons of Vietnamese origin residing abroad” are those who once held Vietnamese nationality or whose nationality at birth was determined by bloodline (having Vietnamese parents or grandparents) and who now reside permanently abroad. This analysis focuses on individuals holding foreign nationality who no longer have Vietnamese nationality, but whose father, mother, or both are of Vietnamese origin, or who themselves once held Vietnamese nationality.

This group is distinct from:

• Overseas Vietnamese: Vietnamese residing abroad who retain Vietnamese nationality.
• Foreigners without Vietnamese origin: Those without Vietnamese parents or grandparents.

1.2. Proof of Vietnamese Origin

To prove Vietnamese origin, one needs one or more of the following documents:

• Birth certificate showing a Vietnamese parent or clearly stating ethnicity/origin;
• Naturalization or nationality renunciation documents;
• Old passport or immigration authority decision confirming Vietnamese origin;
• Certificates from Vietnamese embassies/consulates, or confirmation by the Commune People’s Committee of the parent’s lineage and nationality;
• In special cases: nationality record extracts, Ministry of Justice confirmation, etc.
• Vietnamese origin is demonstrated through evidence establishing bloodline with parents of Vietnamese origin, not just current nationality.

2. Legal Framework on Inheritance for Foreigners with Parents of Vietnamese Origin
2.1. General Principles
Under the 2015 Civil Code, all individuals are equal in the right to bequeath property and to inherit under a will or by law. This right does not discriminate based on nationality, residence, or origin (except where specific property ownership regulations apply).

Inheritance with foreign elements includes:

• The deceased being a foreigner or Vietnamese residing abroad/of Vietnamese origin;
• The heir being a foreigner or Vietnamese residing abroad/of Vietnamese origin;
• Inherited property located abroad.

Foreigners with parents of Vietnamese origin have full inheritance rights in Vietnam but must comply with specific regulations regarding certain property types (e.g., land, housing).

2.2. Determining Inheritance with Foreign Elements
According to Article 680 of the 2015 Civil Code:

• Movable property inheritance is governed by the law of the deceased’s nationality immediately before death;
  Immovable property inheritance (e.g., land, housing) is governed by the law where the property is located.
• This ensures all immovable property in Vietnam remains governed by Vietnamese law, even when inherited by foreigners.

3. Nationality, Residence, and Their Impact on Inheritance Rights
3.1. Nationality
Nationality primarily affects the right to own inherited property and accompanying rights (e.g., being named on land use right certificates or house ownership certificates).

Under the 2008 Law on Vietnamese Nationality and related laws, children born to one Vietnamese parent and one foreign parent may hold Vietnamese nationality if the parents agree at birth registration. Without agreement, nationality is determined by law (e.g., a child born in Vietnam receives Vietnamese nationality). If both parents have renounced Vietnamese nationality (but are of Vietnamese origin), their children are foreigners of Vietnamese origin.

3.2. Residence
Current law does not require foreigners with parents of Vietnamese origin to reside in Vietnam to inherit. They need only prove identity and lineage and complete lawful immigration procedures. However, to own immovable property such as land or housing, the heir must be “permitted to enter Vietnam” as required by the Land Law, Housing Law, and guiding decrees.

When handling inheritance matters, the heir may directly complete notarization, declaration, or asset transfer in Vietnam, or authorize a representative legally from abroad.

3.3. Bloodline and Proof Methods
To establish inheritance rights under law or will, the heir must prove valid bloodline with parents of Vietnamese origin.

Accepted methods include:

• Birth certificate: The most important document, directly showing the parent-child relationship. Vietnamese-issued certificates have clear legal validity. Foreign-issued certificates must be legalized and translated into Vietnamese for recognition.
• Other civil status documents: Household registration books, parents’ marriage certificates, decisions recognizing parent-child relationships by competent authorities.
• Administrative decisions or court judgments: If prior disputes or parentage determination requests existed, these decisions are legally binding and serve as direct grounds for inheritance.
• DNA testing: In cases of disputes, doubts, or lack of valid civil status documents, DNA testing is the most scientifically reliable method. Results are accepted by competent authorities as conclusive evidence of lineage.
• Supplementary evidence: Letters, photos, witness statements, or other documents may support proof but carry lower legal weight and are only considered when official evidence is lacking.

4. Inheritance by Law for Foreigners with Parents of Vietnamese Origin

4.1. Principles of Intestate Succession

Under Article 651 of the 2015 Civil Code, heirs by law are determined in the following order:

• First rank: Biological/adoptive parents, lawful spouse, biological/adoptive children of the deceased;
• Second rank: Grandparents, siblings, grandchildren (if parents are deceased);
• Third rank: Great-grandparents, uncles, aunts, nephews/nieces, great-grandchildren, etc.
  Those in the same rank inherit equally. The next rank applies only when no one exists in the higher rank (due to death, refusal, or disinheritance).

Foreigners (whether of Vietnamese origin or not) who can prove they are lawful children, parents, siblings, etc., of the deceased are equally entitled to inherit under law as Vietnamese citizens.

4.2. Conditions for Inheritance by Law
Foreigners with parents of Vietnamese origin must:

• Provide sufficient documents proving the inheritance relationship (birth certificate, passport, state confirmation);
• Not fall under disinheritance cases under Article 621 of the 2015 Civil Code;
• If minors, have a legal representative handle inheritance procedures;
• Comply with specific conditions on immovable property ownership.

5. Inheritance by Will for Foreigners of Vietnamese Origin
5.1. Validity of Wills
The 2015 Civil Code does not prohibit bequeathing property to foreigners, provided the will is lawful in form and content and does not violate prohibitions or social morals. A person may leave all property to a foreigner if:

• The will is made in sound mind;
• Not under deception, threat, or coercion;
• The will clearly specifies heirs and their shares;
• The will’s form complies with Vietnamese law or the law where it was made.

Articles 681 and 682 of the 2015 Civil Code stipulate that testamentary capacity and form of wills with foreign elements are determined by the law of the testator’s nationality and/or the law where the will was made, or Vietnamese law if the estate is immovable property in Vietnam.

5.2. Notarization and Authentication of Foreign Wills
Wills made abroad must be legalized, translated into Vietnamese, and notarized or recorded at a notary office or Commune People’s Committee where the property is located to be legally valid in Vietnam. If made at a Vietnamese embassy/consulate abroad, the will is deemed lawful and equivalent to domestically notarized wills. When the heir is a foreigner, especially of Vietnamese origin, notarization and verification procedures focus on proof of lineage and legalization of identity documents.

6. Ownership and Use of Land and Housing by Foreigners with Parents of Vietnamese Origin
6.1. Scope of Ownership

• Persons of Vietnamese origin residing abroad may inherit residential land use rights and other land types within the same parcel with housing, if permitted to enter Vietnam.
• Housing ownership attached to residential land is recognized, and they may be named on ownership certificates if conditions are met.

If conditions are not met (e.g., not permitted entry), they are entitled only to receive the estate’s value, not to be named as owners of immovable property.

6.2. Types of Land That Can Be Inherited

• Residential land with housing: May own housing and be named on certificates if legally permitted entry.
• Other land types within the same parcel with housing (garden land, pond land, adjacent production land):May inherit together with the house.
• Agricultural or non-residential land: Generally, heirs may only receive value, not direct ownership.

However, foreigners without Vietnamese nationality will not be issued Land Use Right Certificates.

If the heir does not meet conditions to be named, the law allows them to transfer or gift land use rights to eligible individuals or organizations in Vietnam and receive the corresponding value.

7. Common Risks in Determining and Exercising Inheritance Rights
7.1. Proving Lineage

• Civil status documents issued abroad that are not legalized or translated lack legal validity in Vietnam.
• If birth certificates or documents proving parent-child relationships are lost, proof must rely on DNA testing or court decisions, prolonging the process and increasing disputes.
• If multiple sources of evidence conflict (e.g., inconsistent civil status documents, contradictory witness statements), courts may require additional evidence, delaying estate distribution.

7.2. Risks Regarding Nationality and Property Ownership

• Foreign heirs face restrictions on immovable property ownership in Vietnam. Under the Land Law and Housing Law, they may only own housing within certain limits, while land use rights are generally not directly recognized.
• In many cases, heirs can only receive monetary value through transfer or payment of their share, rather than being named as owners.
• If heirs hold dual nationality, determining applicable law may be complex, especially when one nationality is Vietnamese and the other foreign.

7.3. Validity of Wills with Foreign Elements

• Wills made abroad may not be recognized in Vietnam if their form does not comply with Vietnamese law, especially when the estate is immovable property in Vietnam.
• If multiple wills are made in different countries, courts may need to determine which is valid, risking partial or total invalidity.
• If the will is unclear about heirs or estate shares, disputes among heirs are likely.

7.4. Difficulties in Legal and Administrative Procedures

• Inheritance procedures in Vietnam require many documents proving identity and lineage. Foreigners often struggle to prepare complete, valid dossiers.
• Notarization, authentication, or court proceedings may be prolonged due to verification of foreign documents.
• Authorization for representatives in Vietnam must strictly comply with notarization and legalization rules, or it will be rejected.

7.5. Disputes and Enforcement of Inheritance Rights

• Domestic heirs may refuse to recognize or doubt the foreign heir’s status, leading to prolonged disputes.
• Even when inheritance rights are recognized, foreigners may face restrictions in exercising them, especially regarding immovable property.
• Transferring inherited money abroad must comply with foreign exchange regulations, which may involve complex and lengthy procedures.

8. Solutions to Minimize Risks
8.1. Preparing and Legalizing Documents
Proactively collect and preserve civil status documents such as birth certificates, parents’ marriage certificates, and decisions recognizing parent-child relationships.
If issued abroad, documents must be legalized and translated before submission in Vietnam.
If documents are missing, seek DNA testing or court confirmation early to avoid disputes.

8.2. Making Clear and Lawful Wills
The testator should make written wills, notarized or authenticated in Vietnam, to ensure validity.
If made abroad, Vietnamese law must be considered, especially for immovable property, to avoid invalidity.
The will should clearly specify heirs, estate shares, and distribution methods to minimize disputes.

8.3. Considering Restrictions on Immovable Property Ownership
Foreigners may not be named on land use rights in Vietnam. Therefore, consider selling or transferring property and receiving monetary value.
If inheriting housing, check legal conditions for foreign ownership (e.g., apartments in commercial projects, limited ownership periods).

8.4. Complying with Legal Procedures
Inheritance declaration or distribution must be completed at notary offices or courts in Vietnam.
If unable to be present, heirs may authorize representatives through Vietnamese diplomatic missions abroad.
Prepare complete dossiers from the outset to avoid rejection or delays.

8.5. Resolving Disputes Legally
If disputes arise, file lawsuits with competent Vietnamese courts.
Prioritize negotiation and mediation before litigation to save time and costs.
Vietnamese lawyers may assist with procedures, evidence, and court representation.

8.6. Managing Finances and Foreign Exchange
When receiving inheritance in cash, follow foreign exchange regulations to transfer money abroad.
Conduct transactions through licensed commercial banks, avoiding informal channels that pose legal risks.

Conclusion
Foreigners with parents of Vietnamese origin have full inheritance rights in Vietnam under both intestate succession and wills, provided they prove lineage, comply with will formalities, and follow legal procedures. However, immovable property ownership remains restricted under the Land Law and Housing Law, meaning many heirs may only receive monetary value rather than direct ownership.

In practice, common risks involve proving origin, legalizing documents, will validity, notarization procedures, and heir disputes. To safeguard rights, heirs should prepare complete dossiers, make clear wills, comply with Vietnamese law, and seek legal assistance for complex issues.

Determining and exercising inheritance rights for foreigners with parents of Vietnamese origin ensures legitimate rights while requiring strict compliance with Vietnamese law. Careful preparation and professional legal advice are essential to minimize risks and ensure the inheritance process is transparent, lawful, and effective.

Professional Testament Drafting and Inheritance Dispute Resolution Services
Harley Miller Law Firm provides professional services in drafting, reviewing testaments and resolving inheritance disputes, ensuring that the testator’s wishes are clearly expressed while effectively preventing and handling potential conflicts. With a team of highly experienced lawyers in civil and inheritance law, we are committed to delivering comprehensive legal solutions in compliance with Vietnamese law and international practices.

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Contact us for consultation and to receive free testament templates, guidance on notarization/certification procedures, and effective solutions for preventing and resolving inheritance disputes.

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