Mai (name changed), an overseas Vietnamese living in Canada, asked DEDICA:
"My family left Vietnam when I was a child, and my birth certificate was lost long ago. My mother recently passed away in Ho Chi Minh City, leaving a house and a savings account but no will. The notary office requires documents proving I am her daughter before any procedure can begin. I cannot stay in Vietnam for long, so will I lose my share of the inheritance?"
DEDICA ADVISES Losing your birth certificate does not take away your right to inherit from your parents: inheritance rights arise from the parent-child relationship itself, while the birth certificate is merely the document proving that relationship. If your birth record still exists, you simply request a certified extract copy; if both the civil status register and the original certificate are lost, the law allows you to re-register your birth. Both procedures can be handled from abroad through an authorized representative.
A lost birth certificate does not mean a lost inheritance
Mai's mother left no will, so the estate is divided according to law, and the Civil Code places biological children in the first order of inheritance, regardless of whether they live in Vietnam or have settled abroad:
Heirs of the same order receive equal shares, meaning Mai's portion equals that of her siblings in Vietnam. The belief that "no birth certificate means no share" is a misconception: no provision strips anyone of inheritance rights merely because a document is lost.
Why, then, does the notary still ask for documents? Because the file for notarizing an estate division document (the procedure commonly known as "declaration of inheritance") must include "documents proving the relationship between the estate leaver and the persons entitled to the estate in the case of inheritance at law" under Point b, Clause 2, Article 59 of the Law on Notarization 2024. Among such papers, the birth certificate is the most direct evidence, as Article 6 of Decree 123/2015/NĐ-CP defines it as "the original civil status document of an individual". Mai's problem is therefore not a loss of rights but the restoration of proof, and the law provides two paths for this.
Two paths to restore the birth certificate and the inheritance process
Do not rush to "redo" your birth certificate: the birth remains recorded in the civil status register (Sổ hộ tịch) at the place of registration, and most older registers have been digitized into the electronic civil status database. If the record exists, you only need a certified extract copy of your birth registration for the notarization file:
The Law also allows the request form to be filed "directly or through a representative" (Article 64), meaning Mai can authorize a lawyer in Vietnam to obtain the extract on her behalf without returning to the country.
Only when both the register and the original certificate no longer exist do you turn to the second path, which is birth re-registration:
The file consists of a declaration form with a written undertaking that the birth was previously registered, plus copies of whatever papers you still hold. Under Circular 04/2020/TT-BTP, a passport, an ID card, school records, diplomas or other documents bearing your full name and date of birth issued by Vietnamese authorities all serve as the basis for determining the birth registration details. The file is submitted to the commune-level People's Committee (UBND cấp xã) of the place of previous registration or of permanent residence; persons settled abroad, like Mai, also file at the commune-level People's Committee under the two-tier local government model applied from 1 July 2025 (Decree 120/2025/NĐ-CP). The period for checking and verification is 05 working days.
With the extract or the re-issued birth certificate, Mai proceeds to notarize the estate division document. The acceptance is publicly posted for 15 days at the commune-level People's Committee of the deceased's last place of permanent residence and of the place where the house is located (Article 44, Decree 104/2025/NĐ-CP); only if no complaint about omitted heirs is received will the notary certify the document. The notarized document is the basis for transferring title to the house and collecting the savings. The power of attorney can be signed at a Vietnamese diplomatic mission abroad, or notarized in the country of residence with consular legalization and certified translation.
Conclusion
In short, Mai does not lose her inheritance because her birth certificate is missing. Three steps are needed: (1) check the civil status register and the electronic civil status database and request a certified extract copy of the birth registration (this can be done through a representative); (2) if both the register and the original are lost, re-register the birth at the commune-level People's Committee using substitute documents such as a passport, school records or diplomas; (3) notarize the estate division document, wait out the 15-day posting period, then transfer the house title and collect the savings. Every step can be done remotely under a properly executed power of attorney.
Not sure whether the register where you were born still holds your record? DEDICA can check for you, prepare the extract or re-registration file, and act under power of attorney throughout the entire inheritance process, from notarization to title transfer, collecting the funds and arranging their transfer to where you live. Send DEDICA copies of the documents you still have and our lawyers will assess your case.
This article is for general reference as of its publication date; every case has its own circumstances, so please consult DEDICA's lawyers for precise advice on your situation.
