Question:
My husband and I, both British nationals, have been lived and working in Vietnam. Six months ago, my husband returned to the UK and unfortunately passed away, leaving a will drafted in the UK. The will includes an inheritance of an apartment in a apartment building in District 2, which was his separate property, and it was bequeathed to me. I am now seeking to understand the relevant Vietnamese legal regulations regarding inheritance procedures, as well as the necessary steps to complete to inherit the estate.
Answer:
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Determination of Applicable Law
According to Article 680 of the Civil Code 2015, issues related to inheritance are determined by the law of the country of which the testator was a national immediately before his death. Therefore, in the case of your husband is a British national, issues related to inheritance such as determining heirs, order of inheritance, division of inheritance assets, and the authority of the competent authority will be regulated by law
After general inheritance issues resolved under the law of the host country, the implementation of inheritance rights related to real estate will be regulated by the law of the country where the real estate is located. Therefore, for an apartment located in District 2, Ho Chi Minh City, Vietnam. The inheritance will be subject to the provisions of Vietnamese law.
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Conditions for Foreigners to Inherit Real Estate in Vietnam
According to Articles 17 and 18 of the Law on Housing 2023, foreign individuals are allowed to own houses and apartments in Vietnam through inheritance if they (1) have been permitted to enter Vietnam and (2) are not entitled to diplomatic or consular privileges and immunities under the law. Additionally, according to Article 19 of the Law on Housing 2023, as a foreigner, you should note that you are only allowed to inherit and own no more than 30% of the total number of apartments in an apartment building.
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Procedures for receiving inheritance
- Step 1: Consular legalization of the Will.
- Step 2: Translate and Notarize the Consular legalization of the Will into Vietnamese.
- Step 3: Submit a request for notarization of the inheritance declaration document to a notary organization.
- Step 4: Wait for the application to be processed.
The acceptance of notarization of the agreement on the division of inheritance and the document declaring the inheritance must be posted within 15 days from the date of posting. The posting is carried out by a notary organization at the headquarters of the People's Committee of the commune where the real estate is located, specifically the People's Committee of District 2.
- Step 5: The organization notarizes the document declaring the inheritance and returns the results.
- Step 6: Carry out the procedure for registering property rights at the Land Use Rights Registration Office under the Department of Natural Resources and Environment of District 2.
