Le Thuy Linh (50, a U.S. citizen) asks: “I married, had children, and became a U.S. citizen over 20 years ago. I no longer have Vietnamese citizenship but return to visit my family in Vietnam every few years. Two years ago, my parents passed away, leaving behind a house of more than 300 m² in Binh Thanh District, Ho Chi Minh City, where my two younger siblings have been living. Now that they are married and planning to move out, we want to initiate inheritance procedures in order to sell the property. Given that I am no longer a Vietnamese citizen, do I still have inheritance rights?”

Attorney Diep Nang Binh (Head of Tinh Thong Law Office) responds:

According to Article 613 of the 2015 Civil Code: “Heirs must be living at the time the estate is opened, or be conceived prior to the decedent’s death and born alive thereafter.”

Article 610 of the same Code states: “All individuals are equal in the right to leave property to others and the right to inherit property either under a will or by law.”

Thus, if you meet the conditions specified above, you are still legally entitled to inherit your parents’ estate, regardless of your current nationality. However, alongside this right, you must also fulfill any financial obligations tied to the estate, unless otherwise agreed.

It is important to note that inheritance rights involving residential property and associated land use rights for individuals who no longer hold Vietnamese nationality may differ from those of Vietnamese citizens.

Specifically, Clause 1, Article 28 and Clause 1, Article 37 of the 2024 Land Law state: Individuals of Vietnamese origin residing overseas who are permitted to enter Vietnam are entitled to inherit and own residential property attached to land use rights, as well as any other types of land included in the same plot, in accordance with the Civil Code.

If such individuals are not permitted to enter Vietnam, they may still inherit the value of the property but are not allowed to hold legal title to land or housing in Vietnam.

The term “person of Vietnamese origin residing overseas” is defined in Clause 4, Article 3 of the 2008 Law on Vietnamese Nationality as: “A person who previously held Vietnamese citizenship, acquired at birth under the principle of jus sanguinis (bloodline), and whose children or grandchildren currently reside abroad on a long-term basis.”

In your case, although you are no longer a Vietnamese citizen, as long as you are of Vietnamese origin and have legal permission to enter Vietnam, you may inherit the property attached to land use rights. You can also be named on the Certificate of Land Use Rights and jointly exercise disposition rights with your siblings.

Tien Dung