Disclaim an inheritance abroad when dividing inheritance in Viet Nam

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27 by Luật Nghiệp Thành , 1 Tháng bảy, 2022

Disclaim an inheritance abroad when dividing inheritance in Viet Nam

The original article Disclaim an inheritance abroad when dividing inheritance in Viet Nam

An actual case: Mr. Vo Van Sanh and Mrs. Do Thi Hoi are spouses. They live together and have 11 children:

Mr. Vo Van Sanh and Mrs. Do Thi Hoi are known to have passed away.

Ms. Vo Thi Diem died at 22:00 on July 9, 2017 leaving her property as land plot No. 23, map sheet No. 27, with an area of ​​28.3m², located at 280/22C Bui Huu Nghia Street, Ward 2, Binh Thanh District, Ho Chi Minh City. It is known that Ms. Diem died without leaving a will. Now, Ms. Diem’s ​​family wants Mr. Vo Van Lac to come into the entire inheritance of the above-mentioned land plot. Some advice on this procedure is as follows:

Because there is no will, the inheritance will be divided according to the law,^[1] there are no people in the first line of inheritance, so it will be divided among the people in the second line of inheritance that are brothers, little brothers, sisters, little sisters.^[2]

Considering the second line of inheritance, there are people who died before the one who left the inheritance, such as Ms. Diem, so when excluded, there will be the following heirs:

In which, Vo Cong Guong and Vo Van To died before the division of the inheritance. The family needs to provide a photocopy of the death certificate extract.

In the case of Vo Van To, who died abroad, the family needs to go to the District-lelvel People’s Committee to carry out the procedures for a death registration to be issued a death certificate extract.

Step 1. Procedure for registration of death declaration involving foreign elements:^[3]

The person who requests registration of death declaration shall submit a dossier for registration of death declaration at the District-levle People’s Committee where the deceased last resided in Viet Nam.

A death declaration dossier includes:

Papers to be presented:

– The original passport or identity card, citizen identification card or identity document of the person requesting registration of death declaration;

– Documents proving the last place of residence of the deceased.

Papers to be submitted:

– The original death declaration registration;

– The original death certificate or the replacement of it.

Because the co-heirs all agreed to leave the property, which is Ms. Diem’s ​​house to Mr. Vo Van Lac. Therefore, the co-heirs can go through the procedure of “disclaim the inheritance”.

Note: Only when the disclaimer is to avoid performing one’s property obligations to others, the inheritance cannot be disclaimed.

Step 2. The co-heirs except Mr. Vo Van Lac need to make a written disclaimer of the inheritance as the house mentioned above.

In Viet Nam:

The document of disclaimer of the inheritance should be notarized at a notarial practice organization or authenticated at the Commune-level People’s Committee where the real estate is located.^[4]

=> Notarized documents will have a higher legal effect.

Particularly, the dossier includes:

– The written disclaimer of the inheritance prepared by themselves or by competent agencies;

– Papers proving the relationship with Ms. Diem (birth certificate with parents’ information);

– Ms. Diem’s ​​death certificate;

– ID card/citizen ID card of the heir who wants to disclaim the inheritance, property papers.

If the co-heir is in a foreign country:

– Power of Attorney authorizing a person in Viet Nam to carry out the inheritance procedure on his/her behalf.

– A written disclaimer of the inheritance and a written Power of Attorney to perform notarization at Viet Nam’s diplomatic missions or consular representations abroad.^[5]

Then send it to Viet Nam.

Step 3. After having enough co-heirs’ documents to disclaim the inheritance, open the inheritance at the Notary Office, after opening the inheritance and listing, you will be issued 2 documents on the division of the inheritance.

This document must be included in the dossier of ownership transfer of the house to be submitted.

Step 4. Procedure for registration of ownership transfer due to inheritance:^[6]

– An application for registration of changes in land and land-attached assets, according to Form No. 09/DK;

– Written co-heirs’ disclaimer of the inheritance;

– The original of the issued Land Use Right Certificate;

– ID card/citizen ID card of Mr. Vo Van Lac.

Submit at: Land registry of the Commune-level People’s Committee where the real estate is located.

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Translator: Le Khanh Linh

Content writer: Multiple authors

Instructor: Lawyer Thuan

^[1] Article 650.1.(a) Civil Code 2015.

^[2] Article 651 Civil Code 2015.

^[3] Decision 299/QD-BTP.

^[4] Article 59, Article 5.2 Decree 23/2015/ND- CP.

^[5] Article 78 Law on Notarization 2014.

^[6] Article 7 Circular 33/2017/TT-BTNMT.