Hoang (name changed), an Australian citizen, asked DEDICA:
"My mother was Vietnamese. She recently passed away in Da Nang, leaving a house that already has its title certificate (sổ hồng). I left Vietnam as a child and now hold only Australian citizenship. I have heard that foreigners cannot be named on land in Vietnam, so does that mean my mother's house and land are simply lost to me, or is there still a way for me to receive my share? I am in Australia and find it very hard to arrange a trip home to deal with the paperwork."
DEDICA ADVISES You do not lose your right of inheritance simply because you hold foreign citizenship. Vietnamese law gives every individual an equal right to inherit. The real question is not whether you may inherit, but in what form you receive it. For real estate, the outcome depends on whether you fall into the group of "overseas Vietnamese of Vietnamese origin" or that of a pure "foreigner": the former may now be named on the title, while the latter receives the value. Most importantly, in either case you can authorize a lawyer to handle the entire process without returning to Vietnam. Below are the legal basis and the concrete steps.
Does foreign citizenship cause you to lose the right to inherit real estate in Vietnam
The most common misconception is that "holding foreign citizenship means you cannot inherit in Vietnam." This is not true: the right of inheritance attaches to your status as an heir, that is, as a child or spouse of the deceased, and is not stripped away by your passport.
This means that, with respect to your mother's estate, you are an heir on equal footing with every other child, regardless of your citizenship or place of residence. The only question left is: in what form do you receive that real estate. Here we must distinguish two groups, because the Land Law 2024 (currently in force, latest consolidated version of 2026) treats them very differently:
- Overseas Vietnamese of Vietnamese origin who are permitted to enter Vietnam: may own a dwelling attached to residential land and may be named on the Certificate just like a domestic individual. This is the liberalizing change in the new law: Vietnamese-origin persons no longer need to ask someone else to hold the title on their behalf as they did before.
- Foreigners (or Vietnamese-origin persons not eligible to own housing in Vietnam): are not granted the Certificate, but do not lose their share. They are entitled to the value of the inherited portion by transferring or gifting the land use rights.
What this means for you: because your mother was Vietnamese, you are likely to be classified as an "overseas Vietnamese of Vietnamese origin." If you can prove your Vietnamese origin and are eligible to enter Vietnam, you may be named on your mother's house itself. If not, you still receive the full value of your share through a transfer. Either way, the "losing everything" scenario has no basis.
The steps to receive your inheritance while you are abroad
For an heir living far away, the process usually involves the following:
- Determine your status, whether you are of Vietnamese origin or a pure foreigner, because this decides whether you are named on the title or receive the value. To pursue the title route, you will need documents proving your Vietnamese origin.
- Prepare and consularly legalize your documents from abroad: passport, documents proving your relationship to your mother, proof of Vietnamese origin (if any) and a power of attorney. All of these must be consular-legalized and notarized in translation in Vietnam before use.
- Declare or agree on the division of the estate before a notary. If you do not transfer it right away, the heir or the authorized representative submits the inheritance dossier to the land registration office to be recorded in the cadastral register, securing your share.
- Authorize a lawyer in Vietnam to handle everything. The law allows an heir to authorize another person in writing to look after and use the land and to carry out the procedures (Clause 5, Article 44, Land Law 2024). You need not return to Vietnam; if you take the value, then once the property is transferred your lawyer assists with lawfully remitting the inheritance proceeds abroad.
Conclusion
In short, holding Australian citizenship does not cause you to lose your right to inherit your mother's house and land; under Vietnamese law you are an heir with equal standing. What to do: determine whether you are an "overseas Vietnamese of Vietnamese origin" (who may be named on the title) or a pure "foreigner" (who receives the value); prepare and consularly legalize the documents proving your relationship to your mother and your Vietnamese origin; declare the estate before a notary and update the cadastral register; then authorize a lawyer to handle the entire process remotely. Most important of all is to start early so that you are not left out of the declaration.
If you are not yet sure whether you fall into the Vietnamese-origin group or the foreigner group, or you are worried that the co-heirs in Vietnam have already declared, or are about to declare, the estate while leaving you out, DEDICA can verify your status as an heir, standardize and consularly legalize your documents from abroad, and act under a power of attorney before the notary, the land registration office and the bank on your behalf, until your inheritance, whether as property or as money, reaches you. Contact DEDICA for legal advice tailored to your specific situation.
This article is for reference only, based on the law in force at the time of writing. Each matter has its own facts; please consult a DEDICA lawyer for precise advice.
