What are the regulations on inheritance at law involving foreign elements in Vietnam?

22:49, 09/07/2024

Recently, the Government of Vietnam issued Decree 138/2006/ND-CP providing guidance on the Civil Code regarding civil relations involving foreign elements in Vietnam.

Inheritance under the law with foreign elements, Decree 138/2006/ND-CP

What are the regulations on inheritance at law involving foreign elements in Vietnam? (Illustration)

Under Decree 138/2006/ND-CP, the application of laws on inheritance at law involving foreign elements in Vietnam must comply with the following provisions:

- Inheritance at law in Vietnam must comply with the law of the country of which the owner of the estate was a national before death;

- Inheritance rights with respect to immovable property must comply with the law of the country where the immovable property is located;

- Estates without heirs that are immovable property shall be of the country where the immovable property is located;

- Estates without heirs that are movable property shall be of the country of which the owner of the estate was a national before death.

The determination of whether property constitutes immovable property or movable property shall comply with the law of the country where the estate is located.

Note: Where the owner of the estate has no nationality or has two or more foreign nationalities, the determination of the applicable law on inheritance at law follows the provisions of Article 760 of the Civil Code, Article 5 and Clauses 1 and 2 of Article 12 of this Decree.

Details can be found in Decree 138/2006/ND-CP effective December 13, 2006.

Ty Na

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