A reader named Ngoc Dang sent this question to VnExpress:
I got married, had children and acquired U.S. citizenship more than 20 years ago. I no longer have Vietnamese nationality but visit Vietnam every few years to see my family.
Two years ago my parents passed away and left a house of over 100 sq.m in Binh Thanh District in HCMC for my two younger siblings to live in. Now they have both gotten married and want to move out on their own. To sell the house, we need to complete the inheritance procedures.
I would like to know if, as someone who no longer holds Vietnamese nationality, I still inherit my parents’ house?
Lawyer Nguyen Truc Anh answered as follows:
Article 613 of the 2015 Civil Code says that in the case of an individual heir, they must be alive at the time the inheritance issue begins and conceived before the decedent passed away.
Article 610 of the 2015 Civil Code states that every individual has the right to bequeath their property and inherit property based on a will or the law.
This means that as long as you meet the above conditions, whether or not you still have Vietnamese nationality, you are entitled to inherit the property according to the law. In addition to the right to inherit property, you also have the responsibility to fulfill any financial obligation left by your parents unless otherwise agreed.
However, you should also be aware that the right to inherit a house attached to land use rights may differ for Vietnamese citizens and those who no longer hold Vietnamese nationality. According to Clause 1 of Article 28 and Clause 1 of Article 37 of the 2024 Land Law:
– If a person of Vietnamese origin who resides abroad is allowed to enter Vietnam, they are entitled to inherit ownership of the house attached to land use rights and any other land in the same parcel as the house according to civil law.
– If a person of Vietnamese origin who resides abroad is not allowed to enter Vietnam, they are only entitled to inherit the value of the estate.
A person of Vietnamese origin residing abroad is defined as someone who once held Vietnamese nationality and whose nationality was determined by the principle of descent, and their descendants currently live abroad (according to Clause 4, Article 3, of the 2008 Vietnamese Nationality Law).
Therefore, in your case, although you no longer hold Vietnamese nationality, you are still entitled to inherit property such as a house with attached land use rights and can have the property registered under your name on the Land Use Certificate to exercise your right to dispose of the property along with your siblings.
