Quân (name changed), a Canadian citizen of Vietnamese origin, asked DEDICA:
"My father was a Vietnamese national who lived and passed away in Vietnam more than three years ago, leaving no will. The estate is mainly a savings book and money in a bank account, with no real estate. My younger brother in Vietnam is holding the savings book and claims that our father 'gave' it to him while alive, so he refuses to divide it. My older sister and I have both become Canadian citizens and live in Toronto. I want to claim my share, but I don't know whether to sue in Canada or in Vietnam, whether I must fly back many times, and which country's law the court will apply."
DEDICA ADVISES You have every right to sue to claim your share of a bank deposit in Vietnam, even as a foreign citizen living far away. Because both the person holding the money and the money itself are in Vietnam, the Vietnamese courts have jurisdiction; and because your father was a Vietnamese citizen, the division of these funds is governed by Vietnamese law, not the law of Canada. What matters most for someone busy and far away: the law lets you file and pursue the case through an authorised representative, so a Vietnamese lawyer can handle almost everything on your behalf.
Vietnamese courts have jurisdiction and apply Vietnamese law to inherited bank deposits
Your father was a Vietnamese national who passed away in Vietnam and left a bank deposit at a domestic bank; the person now holding the savings book also lives in Vietnam. The fact that you and your sister hold Canadian citizenship merely makes this an inheritance case "with a foreign element"; it does not take away your right to sue or remove the jurisdiction of the Vietnamese courts. When the defendant resides in Vietnam and the disputed property is located within Vietnamese territory, the Vietnamese courts have jurisdiction.
There is a notable difference here from a real-estate dispute. For real property in Vietnam, the dispute falls under the exclusive jurisdiction of the Vietnamese courts, which no foreign court can replace. A bank deposit is movable property, so it does not fall within that exclusive category. Even so, because the money sits in a bank in Vietnam and the person holding it is also in Vietnam, suing in Vietnam remains the most practical and effective route: a Canadian court judgment, if any, would still have to go through recognition proceedings in Vietnam before it could reach those funds.
The question of which country's law the court applies also has a clear answer. The law distinguishes by type of estate: for movable property such as bank deposits and savings, the applicable law is that of the country of which the deceased held citizenship immediately before death.
Your father held Vietnamese citizenship until his death, so the division of this deposit follows Vietnamese law; had the deceased held foreign citizenship, the law applicable to the movable portion could differ. Because there is no will, the estate is divided under the law among the first rank of heirs, comprising the spouse, parents, and children of the deceased, each receiving an equal share. Your brother, who holds the savings book, is only one of the co-heirs, not the sole owner; the assertion that "father gave it to me" carries weight only if proven on lawful grounds, and merely holding the book does not automatically mean inheriting the whole.
As for where to file, when the estate is movable property the competent court is the court of the place where the defendant resides, that is, where your brother lives. Since 1 July 2025, after the court system was reorganised, cases with a party residing abroad are heard at first instance by the Regional People's Court, no longer by the provincial-level court as many older guides still state.
Suing from abroad: what to do, and the limitation period to watch
The greatest worry for those far away is having to give up work to fly back and forth. You are not required to be continuously present in Vietnam to pursue an estate-division case. The law allows filing and taking part in proceedings through a lawful representative, and only in divorce matters is authorising another person prohibited; for property and inheritance disputes, authorisation is fully permitted.
So you may authorise a Vietnamese lawyer to file the claim, submit evidence, and attend conciliation and trial on your behalf. Suing from abroad over a bank deposit usually involves the following steps:
- Prepare and legalise the power of attorney for your lawyer. You sign the authorisation at a Vietnamese diplomatic mission in Canada, or have it notarised in Canada and then consularly legalised and translated with notarisation so that it can be used in Vietnam.
- Gather the supporting documents. Your father's death certificate; documents proving the father-and-child relationship such as a birth certificate and civil status records; and details of the savings book and account. Documents issued abroad must also be consularly legalised and translated with notarisation.
- File the claim with the correct court. File at the Regional People's Court of the place where your brother resides, requesting division of the estate and determination of each co-heir's share.
- The lawyer pursues the case for you. From acceptance and conciliation through to trial, the representing lawyer deals with the court, the bank, and the co-heirs; you follow from afar and return to Vietnam only if truly necessary.
- Enforcement and remitting the funds home. An effective judgment is the basis for the bank to release and pay out your share; from there, you carry out the procedures to lawfully remit the inherited funds abroad.
Conclusion
In short, the answer is yes: you can sue to claim your share of a bank deposit in Vietnam, right from Canada. Because both the person holding the money and the money are in Vietnam, the Vietnamese courts have jurisdiction; and because your father was a Vietnamese citizen, the division follows Vietnamese law. What to do: (1) sign and legalise a power of attorney for a Vietnamese lawyer; (2) prepare the documents proving the father-and-child relationship and the account details, and have your documents from Canada consularly legalised; (3) file at the Regional People's Court of the place where your brother resides and let the lawyer pursue the case; (4) act early, because the limitation period for a bank deposit is only 10 years. Your brother's claim that "father gave it to me" does not by itself strip you of your share; what is decisive is suing in the right place, in the right way, and at the right time.
If your inheritance in Vietnam is a bank deposit or savings account being held by a co-heir or frozen by the bank, DEDICA can act under a power of attorney on your behalf from start to finish: preparing and legalising documents from abroad, dealing with the bank, filing the claim and appearing in court, following the matter through to enforcement, and advising on how to lawfully remit the funds home. Contact DEDICA for a lawyer to assess your specific situation and how much of the limitation period remains for your case.
This content is for reference at the time of publication; each case has its own facts, so please consult a DEDICA lawyer for advice on your specific situation.
