Tâm (name changed), an Australian citizen, asked DEDICA:
"My father passed away in 2002, leaving a house in our hometown that my younger brother has lived in and managed ever since. I settled in Australia long ago. Now that I want to claim my share of the inheritance, my relatives say 'it has been more than twenty years, the time limit has run out, you cannot sue anymore.' I am overseas and unsure whether I still have the right to bring an inheritance dispute claim in Vietnam, or what to do."
DEDICA ADVISES In all likelihood you still have the right to sue. For real estate, the statute of limitations for an heir to request division of an estate is 30 years from the date the person who left the estate died, not the 10 years your family suggests (that figure comes from the old law). Your father died in 2002, about 24 years ago, which is still within the 30-year period. The immediate task is to pin down the exact date of death and the type of asset in order to calculate the limitation period, then prepare your file; if you cannot return to Vietnam, you can authorize a lawyer to file and pursue the case on your behalf. Below are the legal basis and the specific steps.
The statute of limitations for inheritance dispute claims under Vietnamese law
The question "it has been many years, am I still in time to sue" is really a question about the statute of limitations, that is, the period the law allows you to ask a court to resolve the matter. The 2015 Civil Code sets out three types of limitation period in inheritance, each with a different figure, so they are easily confused.
To put it simply: a request to divide the estate has a limitation period of 30 years for immovable property (houses, land) and 10 years for movable property (cash, savings books, and the like); a request to confirm or deny inheritance rights is 10 years; and a request to make an heir perform the deceased's property obligations is 3 years. A dispute to divide a house, like yours, falls into the first group, so the applicable figure is 30 years.
So when does that 30-year clock start? It runs from the time the inheritance is opened, and the law defines this point very clearly as the day the person who left the estate dies:
This is exactly where your family is mistaken. The "10 years" many people remember was the limitation period for inheritance claims under the old code; since the 2015 Civil Code took effect, the period for immovable property has been raised to 30 years. More importantly, this 30-year mark also applies to cases where the person who left the estate died before 1 January 2017. That means a matter dating back more than twenty years may well still be within the limitation period. Your father died in 2002, about 24 years ago, still within the period. Conversely, once the 30 years expire, the estate "belongs to the heir who is managing it," here your brother who lives in the house, so the longer you wait, the weaker your position becomes.
Steps to establish and protect your rights while you are abroad
Once you have established that the matter is still within the limitation period, protecting your rights usually involves three steps:
- Determine the date of death and the type of asset. Take the date of death on your father's death certificate as the starting point, then determine whether the asset is immovable property such as a house or land (30-year period) or movable property (10 years). These two facts tell you how much time remains in the matter.
- Gather and complete your file. You will need documents proving your relationship with the person who left the estate (birth certificate, civil status records); if the documents were issued abroad, they must undergo consular legalization and notarized translation to be usable in Vietnam. Add to these the documents on the estate (land use right and house ownership certificates, the property file) and any records showing that you have not received your share or were left out.
- File with the right court, and grant authorization if you are far away. A dispute over real estate is filed with the court where the property is located; first-instance cases are now heard by the regional People's Court. If you cannot return to Vietnam, you can execute a power of attorney (at a Vietnamese representative mission abroad) authorizing a lawyer to file the claim, take part in the proceedings, and receive the outcome on your behalf.
Conclusion
In short, the fact that "many years have passed" does not mean your rights are gone. For real estate, you have up to 30 years from the date the person who left the estate died to request division of the inheritance, and this mark applies even to deaths before 2017, so your father's case from 2002 is still within the period. What to do: (1) determine the date of death and the type of asset to calculate the limitation period precisely; (2) gather and legalize the documents proving your inheritance relationship and the estate; (3) file at the court where the property is located, authorizing a lawyer if you cannot return to Vietnam. The key is to act early, because the limitation period is still running.
If you are unsure whether your case is still within the limitation period, or your documents proving the inheritance relationship are abroad, DEDICA can review the limitation deadline, complete and legalize your file, and act under authorization to file the claim and work with the courts in Vietnam on your behalf. Contact DEDICA for a lawyer to assess the limitation period and the way forward for your specific case.
This content is for reference only; each case has its own facts and timeline, so please consult a DEDICA lawyer for accurate advice.
