Brian Jeffrey
Le Thuy Linh (50, a U.S. citizen) inquires: “I got married, had children, and became a U.S. citizen over two decades ago. I have lost my Vietnamese citizenship but visit my family in Vietnam every few years. Two years back, my parents passed away, leaving a house larger than 300 m² in Binh Thanh District, Ho Chi Minh City, where my two younger siblings currently live. They are now married and planning to move out, so we wish to start the inheritance process to sell the property. Since I am no longer a Vietnamese citizen, do I still have rights to inherit?”
Attorney Diep Nang Binh (Head of Tinh Thong Law Office) answers:
As per Article 613 of the 2015 Civil Code: “Heirs must be alive when the estate is opened or need to be conceived before the decedent’s passing and born afterward.”
Article 610 of the same Code emphasizes: “Every person has equal rights to bequeath property and to inherit either through a will or by law.”
This means that if you satisfy the above conditions, you are still eligible to inherit your parents’ property, irrespective of your current nationality. However, you must also address any financial responsibilities linked to the estate, unless there is an alternative agreement.
It’s crucial to recognize that the inheritance rights for residential properties and land use rights for individuals without Vietnamese citizenship may vary from those of citizens.
Specifically, Clause 1, Article 28 and Clause 1, Article 37 of the 2024 Land Law indicate: Individuals of Vietnamese descent living abroad who are allowed entry into Vietnam have the right to inherit and own residential properties along with land use rights, as well as any other land types included in the same area, according to the Civil Code.
If such individuals are not granted entry into Vietnam, they can still receive the property’s value but will lack legal ownership of land or housing there.
The definition of a “person of Vietnamese origin residing overseas” is provided in Clause 4, Article 3 of the 2008 Law on Vietnamese Nationality as: “A person who once held Vietnamese citizenship acquired at birth through jus sanguinis (bloodline) principles and whose children or grandchildren currently live abroad long-term.”
In your situation, even though you are no longer a Vietnamese citizen, as long as you are of Vietnamese descent and have legal permission to enter Vietnam, you are entitled to inherit the property together with the land use rights. You may also be listed on the Certificate of Land Use Rights and share disposition rights with your siblings.
