Henry (name changed), an Australian citizen, asked DEDICA:
"My mother recently passed away in Ho Chi Minh City, leaving a house titled in her name. I am her only child, but I left Vietnam as a child and now hold Australian citizenship; my work does not allow me to spend long periods in Vietnam. People around me say that since I no longer hold Vietnamese citizenship, I cannot be named on the title and would have to travel back to sell the house. Can I sell it right away and receive the money in Australia?"
DEDICA ADVISES You can still sell inherited property in Vietnam while living abroad: you are not required to return, and even if you are not eligible to hold title, Vietnamese land law still allows you to transfer the property and receive its value. The only thing you cannot do is "sell immediately" in the sense of skipping the inheritance procedure. The house is still titled in your mother's name, so the estate must be settled before any sale is signed, and the entire chain can be handled remotely by power of attorney. Below are the legal basis and the specific sequence.
The right to sell inherited real estate while settled abroad
Henry's rights arose the moment his mother passed away, regardless of which passport he holds:
However, "having the right" does not yet mean "being able to sign a sale". The house is still titled in the name of the deceased; before disposing of it, Henry must be established as the heir through a notarized estate distribution document. This procedure applies even where there is only one heir (Clause 5, Article 59 of the Law on Notarization 2024). That document is the key to every step that follows:
As for the advice that "no title means no sale", it is a common misconception. A person of Vietnamese origin who is permitted to enter Vietnam (a condition most people meet) is eligible to own a house attached to residential land use rights (Clause 1, Article 44 of the Land Law 2024; Article 8 of the Law on Housing 2023), meaning he can take title first and then sell like a domestic owner. Even where the heir is not eligible to own, the law still opens a separate path:
In other words, whichever branch applies, the house can be sold lawfully; the difference lies only in the paperwork route. Henry either takes title first and then sells, or stands directly as the "transferor" in the contract without a new certificate being issued. Until the sale, he may also authorize someone in Vietnam in writing to look after or temporarily use the property (Clause 5, Article 44).
Selling remotely without returning to Vietnam, step by step
Henry can carry out all of the following steps through a lawyer in Vietnam under a power of attorney, in this order:
- Gather the documents: death certificate, documents proving the mother-child relationship, the property certificate, passport. Documents issued abroad must be consularly legalized and accompanied by notarized translations before they can be used in Vietnam (Decree 111/2011/ND-CP).
- Sign the power of attorney to the lawyer at the Embassy or Consulate General of Vietnam in the host country, or have it notarized abroad and then consularly legalized. Henry does not need to be present in Vietnam.
- Declare the estate at a notarial practice organization: the office posts the statutory public notice and, if no complaint is received, notarizes the estate distribution document.
- Sign the sale: register the title transfer and then sell; or, if not eligible for a certificate, sign the contract as the transferor under Clause 3, Article 44. The contract is notarized.
- Pay taxes and fees, then receive the proceeds and remit them to Australia through a bank under foreign exchange regulations. Note: the new Law on Personal Income Tax takes effect on 01/7/2026, so the tax obligation should be confirmed as at the actual date of sale.
Conclusion
In short, Henry does not need to return to Vietnam and does not need to worry about "not holding title". The roadmap has three parts: (1) sign a valid power of attorney in Australia for a lawyer in Vietnam; (2) declare the estate at a notarial organization; (3) sell the house, taking title first if eligible to own or acting as the transferor if not, then receive the proceeds in Australia through a bank. The real timeline depends on document legalization and the notarial posting period, not on whether he is present in Vietnam.
If you are abroad and need to sell inherited real estate in Vietnam, DEDICA will review your file to determine whether you can take title or sell directly under Clause 3, Article 44, draft a power of attorney in the correct form for signing in your country, and then handle the entire process on your behalf: estate declaration, notarization of the sale contract, taxes, and working with the bank to remit the proceeds to your account. Contact DEDICA for a lawyer to assess your file and propose a roadmap for your specific case.
This article is for reference as at the date of publication; each case involves different facts and documents, so please consult a DEDICA lawyer for precise advice.
