Steps to Resolve Inheritance Disputes Involving Foreign Elements in Vietnam

When an inheritance relationship involves foreign elements—such as the testator or heir being a foreign national, or the assets located overseas—the legal process becomes significantly more complex. This article guides you through each step of resolving an inheritance dispute in Vietnam, helping to protect your rights effectively and in compliance with the law.

1. Understanding “Inheritance Disputes Involving Foreign Elements”

According to the 2015 Civil Code, an inheritance dispute is considered to involve foreign elements if any of the following conditions apply:

• The deceased or the heir is a foreign national or a Vietnamese citizen residing abroad.

• Legal documents (wills, contracts, etc.) were made, amended, or terminated overseas.

• The inherited assets are located outside Vietnam.

Correctly identifying this type of relationship is the first and crucial step in determining the applicable law and the competent jurisdiction.

2. Determining Applicable Law and Jurisdiction

2.1. Governing Law

• The inheritance rights related to the deceased are governed by the law of their nationality at the time of death.

• For real estate, the division must comply with the law of the country where the property is located.

For example: if the testator is Vietnamese and drafted the will abroad, the legal capacity and form of the will must comply with the law of their nationality and the law of the place where the will was made.

2.2. Court Jurisdiction

• Provincial-level People’s Courts in Vietnam have jurisdiction when a dispute involves foreign nationals, overseas Vietnamese, or assets located in Vietnam.

• For other disputes involving foreign elements, if the parties agree, they may choose the Vietnamese court according to applicable international treaties.

3. The Process of Resolving Inheritance Disputes in Vietnam

Step 1: Identifying Rights and Value of the Estate

First, it is necessary to clarify who the heirs are (under a will or by law), determine whether the property is movable or immovable, and whether it is located within or outside Vietnam. This helps to establish the legal basis and determine the value to be divided.

Step 2: Negotiation – Mediation (If Possible)

Negotiation between the parties is recommended and may be done through mediation at the People’s Committee, the court, or with a professional mediator. This approach is amicable, cost-effective, and time-saving while remaining legally valid.

Step 3: Preparing a Lawsuit Dossier

If mediation fails, the following documents must be prepared:

• Petition (using Form No. 23‑DS issued under Resolution 01/2017/NQ‑HĐTP).

• Personal documents proving relationships (birth certificates, household registration, proof of nationality).

• Evidence: the will, documents proving inheritance rights and asset values, correspondence, minutes, appraisals, judicial entrustment documents (if any).

• Power of attorney (if the overseas heir authorizes someone in Vietnam to file the case).

Step 4: Filing the Case and Court Acceptance

• File the case with the competent provincial-level People’s Court.

• The court will review the dossier within 3–5 working days, request revisions if needed, or accept the case if the documents are valid.

Step 5: Court Proceedings

Once accepted, the court will request payment of the advance court fee, verify the documents, collect evidence, and may initiate judicial entrustment to obtain documents from abroad if necessary.

If an overseas heir cannot be contacted, precedent allows the court to proceed and temporarily assign a domestic party to manage the estate.

Step 6: Trial, Judgment, and Enforcement

• Parties present their arguments, and the court issues a ruling or judgment specifying rights and obligations.

• If any heir is absent or abroad, enforcement is carried out after confirming their address and rights.

4. Statute of Limitations and Important Notes

• Statute of limitations for claiming inheritance: 30 years for immovable property; 10 years for movable property.

• Statute of limitations for claims involving asset obligations: 3 years from the time the inheritance is opened.

If these periods are exceeded, the right to file a lawsuit may be lost. The estate may be deemed unowned or may fall under the ownership of the person holding it; if no one holds it, the estate shall revert to the State.

Conclusion

Resolving inheritance disputes involving foreign elements in Vietnam requires careful attention to detail, accurate legal classification, and a well-structured litigation process—from identifying rights, negotiation, and mediation to filing, litigation, and enforcement. Mastering these steps will help protect your legal rights proactively, timely, and lawfully.

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