The inheritance of joint property in marriages involving foreign elements in Vietnam is a complex legal matter, requiring a clear understanding of Vietnamese civil law as well as relevant international treaties. This document provides comprehensive guidance on the legal aspects and practical procedures that couples of different nationalities should take into account when establishing, managing, and transferring inheritance rights to property in Vietnam.

I. Legal Basis

Inheritance relations are governed by the Civil Code 2015, the Law on Marriage and Family 2014, along with implementing regulations. For married couples with foreign elements, international legal instruments to which Vietnam is a party (e.g., the 1989 Hague Convention on the Law Applicable to Succession of Property) may also apply depending on the case.

II. Core Principles of Inheritance in Vietnam

1. Inheritance rights of the surviving spouse:

The surviving spouse belongs to the first line of heirs under Article 651 of the Civil Code 2015, along with the deceased’s children and parents.

2. Recognition of property ownership rights of foreigners:

Foreigners have the right to own property in Vietnam under the law, but there are certain restrictions on real estate (according to the 2023 Law on Housing and the 2024 Land Law).

3. Inheritance in marriages involving foreign elements:

Article 122 of the Law on Marriage and Family 2014 provides that in cases of marriages involving foreign elements, the applicable law may be Vietnamese law or foreign law, depending on the type of property, place of residence, or agreement between the parties.

4. Registration and transfer of ownership of inherited property:

The registration and transfer of ownership of property (especially real estate) must comply with strict administrative procedures under the 2024 Land Law and the 2014 Law on Notarization.

III. Ownership of Joint Property in Marriages with Foreign Elements

According to Vietnamese law, ownership of joint property in a marriage between a Vietnamese citizen and a foreigner has specific legal characteristics, particularly regarding land use rights, housing ownership, and the process for registering property ownership.

1. Equal rights to joint property

Under Articles 33 and 59 of the Law on Marriage and Family 2014, property formed during the marriage (regardless of whose name it is under) is considered joint property unless otherwise agreed. Both spouses have equal rights in managing and disposing of joint property, including when one party is a foreigner.

2. Restrictions on land ownership by foreigners

Foreigners are not permitted to hold land use rights in Vietnam (pursuant to Article 4 of the 2024 Land Law). However, they may own housing attached to land use rights if they fall under the cases specified in Article 17 of the 2023 Law on Housing.
Therefore, in cases of joint ownership, if the property is housing attached to land use rights, only the Vietnamese citizen (husband or wife) may hold the land use rights, while the foreigner may co-own the house if the conditions are met.

3. Requirements for registration and supporting documents

The establishment of joint ownership must be clearly reflected in property records (ownership certificates, purchase contracts, or wills). Registration of joint ownership with a foreigner must be accompanied by documents proving personal identity and lawful marital status.

IV. Inheritance Procedures and Required Documentation

When one spouse passes away, especially in marriages involving foreign elements, inheritance procedures must fully comply with regulations on estate declaration, notarization, and ownership verification.

1. Ownership verification

• Ownership status confirmation: Based on the certificate of property ownership, sale contract, will, or court decision.
• Joint property registration: Must be supported by documents proving the asset was formed during the marriage and that there was no agreement designating it as separate property.
• Assessment of foreign ownership eligibility: If the inheritance is real estate, it must be checked whether the foreign individual is legally entitled to hold title under Vietnamese law.

2. Required documentation

• Marriage certificate (legalized if issued abroad)
• Documents confirming ownership rights (land use right certificate, housing ownership certificate)
• Personal identification (passport, permanent or temporary residence card for foreign nationals)
• Death certificate of the deceased
• Valid will (if any), or an agreement on estate division under the law

V. Cross-border Legal Aspects in Property Inheritance

In marriages involving foreign elements, inheritance is governed not only by Vietnamese law but also by the legal system of the country where the foreign national holds citizenship. Cross-border property and inheritance issues should particularly consider the following:

1. Tax implications in multiple countries

Some countries, such as the United States, Japan, or South Korea, still impose inheritance or estate taxes on their citizens, even for assets located abroad. Therefore, heirs who are citizens of these countries may be required to declare and pay taxes in their home country, in addition to any financial obligations in Vietnam (if applicable).

2. Recognition of foreign property ownership rights

If a Vietnamese citizen inherits property from a foreign national located in another country, they must complete procedures to have ownership recognized under the local laws of that country. Legalization of documents such as wills, birth certificates, or marriage certificates is mandatory.

3. Bilateral judicial assistance treaties

Vietnam has signed several bilateral judicial assistance agreements with countries such as France, Russia, South Korea, and Cuba. These treaties may facilitate the recognition and enforcement of civil judgments, wills, or estate division decisions between the two countries.

VI. Measures to Protect Inheritance Rights and Joint Property

To minimize legal risks and safeguard both spouses’ inheritance rights, couples in marriages with foreign elements should proactively implement the following:

1. Prepare a clear and legally valid will in both countries

It is advisable to prepare a bilingual will or two separate wills, each complying with the laws of the respective countries but not contradicting one another. In Vietnam, a will must be notarized or properly certified to be enforceable (Articles 628 and 630 of the 2015 Civil Code).

2. Clearly establish ownership rights

Joint property should explicitly state each party’s ownership share in contracts, ownership certificates, or marital property agreements. This is especially important in cases where there is no will.

3. Maintain complete and updated legal documentation

• Marriage certificate (legalized if issued abroad)
• Residence documents (temporary or permanent residence cards)
• Valid passport/ID card
• Sale contracts and joint property certificates

4. Seek specialized legal advice for complex cases

Cases involving high-value assets, multiple heirs, or properties in several countries should be handled and prepared with assistance from internationally experienced lawyers to avoid legal conflicts and enforcement risks.

VII. Common Challenges and Legal Solutions 

Handling inheritance matters in cross-border marriages in Vietnam often encounters several legal and administrative barriers:

1. Language barriers in legal and notarial proceedings

Legal language is often difficult to understand, especially for non-Vietnamese speakers. Submitting foreign-language documents requires notarized translations as per the law (Article 2 of the 2014 Law on Notarization).

Solution: Use notary offices with specialized translation services to ensure compliance.

2. Conflict of inheritance laws between countries

Vietnamese inheritance laws may conflict with those of the foreign national’s country (e.g., statute of limitations, compulsory heirs, form of will, tax obligations).

Solution: Apply Articles 680 and 681 of the 2015 Civil Code, whereby Vietnamese law governs real estate located in Vietnam, while other assets may be subject to the deceased’s national law.

3. Restrictions on transferring property to foreigners

Foreigners are not entitled to hold ownership of land or houses in Vietnam, except in cases permitted by the 2023 Law on Housing and the 2024 Law on Land (e.g., purchase of apartments, maximum ownership of 50 years…). For real estate that does not meet the conditions, foreigners may only inherit the asset’s value, not land use rights.

Solution: Register inheritance and carry out legal asset transfer procedures.

4. Delays in administrative procedures

Inheritance documentation procedures (notarizing wills, title registration, heir verification…) may take several months, especially in cases of disputes or documents issued abroad.

Solution: Prepare complete, valid documents from the outset; file with the competent authorities; closely monitor the processing timeline and engage legal assistance if issues arise.

VIII. Professional Support and Necessary Resources

To ensure an effective inheritance process, couples in marriages involving foreign elements should proactively seek professional support from various sources:

1. Lawyers specialized in inheritance and international law

Experienced lawyers in cross-border inheritance can assist with:

• Advising on bilingual wills compliant with Vietnamese and foreign law;
• Representing in notarization, estate declaration, and property registration procedures;
• Resolving arising disputes.

2. Tax consultancy in both countries

It is essential to clarify tax obligations in both Vietnam and the country where the foreign citizen resides or holds nationality. Some countries continue to tax overseas inherited assets (e.g., the US, Japan, France…).

3. Liaison with competent authorities

• Notary offices, land registration offices, commune/ward People’s Committees where the asset is located;
• Embassies/consulates for civil status and personal document authentication.

4. Staying updated on legal regulations

Laws on marriage, land, inheritance, and foreign exchange frequently change. Monitoring newly issued legal documents or subscribing to periodic legal consultations from law firms can help manage assets and inheritance rights proactively.

IX Conclusion

Effective inheritance planning for cross-border marriages in Vietnam requires careful preparation based on a comprehensive understanding of both domestic and international legal systems. Proactive steps in will drafting, ownership clarification, legal compliance, and staying updated on regulatory changes are key to protecting property rights and ensuring a smooth and transparent inheritance process.

Important Note: 

This document is intended to provide general legal information only and does not constitute official legal advice. For detailed consultation tailored to specific situations, please contact Harley Miller Law Firm.

Harley Miller Law Firm

• Email: [email protected]/[email protected]
• Website: luatminhnguyen.com or hmlf.vn
• Hotline: + 84 9372 15585