Daniel (name changed), a US citizen, asked DEDICA:
"My mother passed away in Ho Chi Minh City a few years ago, leaving a house. My sister and I both live in the US, while my uncle, who is holding the house, refuses to divide it and says that because we live abroad we no longer have any rights. I want to file a lawsuit in Vietnam to divide the inheritance, but I do not know which documents to submit or roughly how much the court fees will be, and I cannot travel back to Vietnam often."
DEDICA ADVISES You have every right to file a lawsuit to divide an estate in Vietnam, even as a US citizen living abroad. Where the estate is real property in Vietnam, the case also falls within the jurisdiction of the Vietnamese courts. The core dossier consists of a statement of claim together with documents proving the inheritance relationship and documents relating to the estate; papers issued by foreign authorities must be consular-legalized and accompanied by a notarized translation. As for cost, an inheritance dispute is a case "with a determinable value," so court fees are charged as a percentage of the value of each person's share, and you pay only about half as an advance deposit when the court accepts the case. One point to note immediately is the limitation period, because the longer you wait, the greater the risk of losing the right to claim a share.
Documents required to file an inheritance division lawsuit
An inheritance division lawsuit begins with a dossier filed with the court, at the center of which is the statement of claim. The Civil Procedure Code requires the claim to be accompanied by documents and evidence proving the claimant's rights.
In practice, a dossier for an inheritance division lawsuit usually includes:
- A statement of claim clearly identifying the deceased, the co-heirs, the estate in dispute, and the specific division being requested.
- The death certificate (or an extract of the death record) of the deceased.
- Documents proving the inheritance relationship: birth certificate, marriage certificate, civil-status records and the like, showing that you belong to a class of heirs.
- Documents relating to the estate: the land and house title (sổ hồng), the home purchase contract, savings books and so on, depending on the type of asset.
- Identity documents of the claimant and the other parties (passport, ID card).
- The will, if the deceased left one.
If you cannot gather everything in time, you may still file with the documents you have and supplement them later at the court's request. What deserves particular attention is that documents issued by foreign authorities (civil-status records, a power of attorney you sign in the US, and so on) must be consular-legalized and accompanied by a notarized Vietnamese translation before the court will accept them.
As for where to file: when the estate is real property, the case falls within the jurisdiction of the court where the property is located. And here is a reassuring point for you. The claim that "living abroad means losing your rights," as your uncle put it, is incorrect. When the estate is real property in Vietnam, the dispute falls under the exclusive jurisdiction of the Vietnamese courts, regardless of the parties' nationality or where they reside.
Because you cannot return to Vietnam frequently, you may authorize a local lawyer to file the claim, pay the advance court-fee deposit, and take part in the entire proceedings on your behalf.
Court fees payable when filing an inheritance lawsuit
A dispute over dividing an estate is a civil case with a determinable value, meaning your claim can be expressed as a specific sum of money. Court fees are therefore not fixed; they are calculated on the value of the share each person receives.
The schedule of first-instance civil court fees for value-based cases currently in force is as follows:
| Value of the estate share received | First-instance court fee |
|---|---|
| 6.000.000 VND or less | 300.000 VND |
| Over 6.000.000 to 400.000.000 VND | 5% of the share value |
| Over 400.000.000 to 800.000.000 VND | 20.000.000 VND + 4% of the portion above 400.000.000 |
| Over 800.000.000 to 2.000.000.000 VND | 36.000.000 VND + 3% of the portion above 800.000.000 |
| Over 2.000.000.000 to 4.000.000.000 VND | 72.000.000 VND + 2% of the portion above 2.000.000.000 |
| Over 4.000.000.000 VND | 112.000.000 VND + 0,1% of the portion above 4.000.000.000 |
For example, if the share of the estate you receive is worth about 2 billion VND, the corresponding court fee is 72.000.000 VND (36.000.000 VND plus 3% of the 1.2 billion exceeding the 800-million threshold). When you file, you do not pay the full amount up front: the claimant advances only about 50% of the fee the court estimates, with a minimum of 300.000 VND. The advance is offset once the court has ruled; for any part of the claim the court rejects, you bear no fee on that portion. Beyond court fees, additional costs may arise for property valuation, notarization, and document translation.
Conclusion
In short, even as a US citizen living abroad, you retain the right to sue for division of an estate in Vietnam, and where real property is involved, it is the Vietnamese courts that have jurisdiction. The core dossier comprises the statement of claim, the death certificate, documents proving the inheritance relationship, and documents relating to the estate, with any papers issued abroad requiring consular legalization and a notarized translation. Court fees are value-based, calculated on the share you receive, and you advance only about half when you file. Keep the 30-year limitation period for real property in mind so as not to delay; if you cannot return, you may authorize a local lawyer to carry out the entire procedure on your behalf.
DEDICA can support you remotely: preparing and reviewing the lawsuit dossier, guiding the consular legalization and notarized translation of documents signed abroad, acting under power of attorney to take part in proceedings before the Vietnamese courts on your behalf, and advising on how to transfer the inherited share overseas once the judgment takes effect. Contact DEDICA for a lawyer to review your file and estimate the court fees for your specific situation.
The above is general reference information; every inheritance matter has its own facts and documents, so please consult a DEDICA lawyer for advice tailored precisely to your case.
