Helen (name changed), an Australian citizen, asked DEDICA:
"My mother recently passed away in Vietnam, leaving behind a house and a savings account. I have lived in Australia for many years, and between work and young children I can only return once or twice a year for short visits — I cannot stay to see the procedures through. Can I have my younger brother in Vietnam, or hire a lawyer, carry out the inheritance procedures on my behalf? And how can a power of attorney I sign in Australia be used in Vietnam?"
DEDICA ADVISES You can absolutely authorize a relative or a lawyer in Vietnam to handle almost the entire inheritance process on your behalf — your presence is not required. What matters is that the power of attorney is executed correctly from abroad: either notarized at a Vietnamese representative mission in Australia, or notarized in Australia and then consular-legalized and translated into Vietnamese. It must also state the scope of work clearly and set a duration long enough to see the matter through.
Overseas Vietnamese have the right to authorize others to receive an inheritance on their behalf
Vietnamese law does not require an heir to carry out the procedures in person. A person living abroad may have someone else perform the necessary transactions in Vietnam in their name.
This relationship is set out in a power of attorney, and almost every task in an inheritance matter can be delegated: signing the declaration and the division of the estate at a notary office; collecting the savings account at the bank; transferring title to the property; paying taxes and fees; and negotiating with the co-heirs.
The authorized person may be your younger brother or a lawyer. One point deserves attention: the law does not allow the same person to sign both on your behalf and for themselves in the same transaction. If your brother is also a co-heir, this conflict arises precisely at the stage of dividing the estate — so for families where a dispute is possible, authorizing an independent lawyer is usually safer and smoother.
Executing a valid power of attorney from abroad
Because you sign the document in Australia, the key question is how to make it recognized and usable in Vietnam. There are two ways.
Option 1 — Notarize at a Vietnamese representative mission abroad
You go to the Vietnamese Embassy or Consulate General where you live to notarize the power of attorney. This is the most straightforward route: because it is certified by a Vietnamese authority itself, the document can be used in Vietnam immediately, without going through consular legalization.
Option 2 — Notarize in your country of residence, then obtain consular legalization
If reaching a Vietnamese representative mission is inconvenient, you may notarize the power of attorney before a competent authority in your country of residence, then have it consular-legalized and rendered into Vietnamese by a certified translation.
Whichever route you choose, the power of attorney must state the scope clearly: the authorized person may only do exactly what is listed, and anything outside that scope has no effect. List each task specifically, and set a sufficiently long duration — if no duration is stated, the law gives a power of attorney effect for only one year, whereas an inheritance matter with a foreign element usually takes longer than that.
With a valid power of attorney in hand, the authorized person will, on your behalf, file the application, sign the estate-division document at the notary office (the procedure includes a 15-day public posting step), and then work with the bank and the land registration office to complete everything. Throughout this process you do not need to be present in Vietnam.
Conclusion
In short, you do not need to fly back and stay in Vietnam to pursue the procedures — you can authorize a trusted relative or a lawyer to receive the inheritance on your behalf. What to do: (1) choose the authorized person, preferring an independent lawyer if a dispute within the family is possible; (2) execute the power of attorney, notarized at a Vietnamese representative mission abroad, or notarized in your country of residence and then consular-legalized and translated; (3) state the scope of work clearly and set a sufficiently long duration. The authorized person will handle the rest on your behalf.
DEDICA can draft a power of attorney scoped precisely to your needs, guide you through completing notarization and consular legalization while still abroad, and then act under your authorization to deal with notary offices, banks, and state agencies in Vietnam — including advising on how to remit the value of the estate to you overseas. Contact DEDICA for legal advice tailored to your specific situation.
This content is for reference only; each case has its own particular facts, so please consult a DEDICA lawyer for accurate advice.
