A foreigner can be named as an heir to land or a house in Vietnam, but in most cases cannot be registered as the holder of land use rights; instead, the foreign heir is generally allowed to transfer or give the inherited land use rights to someone who is eligible and receive the value. Foreigners who meet the conditions to own housing in Vietnam, mainly apartments and houses in commercial projects, may be able to receive an inherited unit of that kind directly. Vietnamese citizens living abroad keep full land rights, and people of Vietnamese origin who hold another nationality receive more favourable treatment under the 2024 Land Law than other foreigners.
This guide explains why land is treated differently, the categories of heirs and what each can receive, the practical options for a foreign heir and the steps to turn an inherited share into money lawfully. It is general information, not legal advice. Land and housing rules changed significantly in 2024, so check the current rules with a licensed lawyer or the land registration office before acting.
Why land is different in Vietnam
Land in Vietnam belongs to the people, with the state acting as the representative owner. Individuals and organisations do not own land outright; they hold land use rights, which the state grants, recognises and records on a certificate. Those rights can be sold, given, mortgaged and inherited, so in daily life they work much like ownership, but the law decides who can hold them.
Vietnamese citizens, inside or outside the country, can hold land use rights. Foreign individuals generally cannot hold land use rights for residential land as such. Separately, housing law allows foreign individuals who are legally permitted to enter Vietnam to own certain housing, mainly apartments and individual houses in commercial housing projects outside restricted areas, subject to quotas and for a limited term that can be extended.
This split explains most of the confusion. A foreigner may inherit "the house" in a will or by law, but if that house stands on a plot recorded as residential land use rights in a private lane, the foreign heir usually cannot be registered on the certificate. If the inherited property is an apartment in a project where foreigners may own units, the answer can be different.
What different heirs can usually receive
The table summarises the general position. Each category has conditions and exceptions, and the details depend on the current Land Law, Housing Law and implementing rules.
| Heir | Land use rights (e.g. house on its own plot) | Housing in a commercial project |
|---|---|---|
| Vietnamese citizen living in Vietnam | Can receive and be registered | Can receive and be registered |
| Vietnamese citizen living abroad | Same rights as citizens in Vietnam | Same rights as citizens in Vietnam |
| Person of Vietnamese origin with foreign nationality | Broader rights since the 2024 Land Law; check eligibility in your case | Generally can receive, subject to housing law |
| Foreign national | Generally cannot be registered; may transfer or gift the share and receive the value | May receive if eligible to own housing in Vietnam; otherwise entitled to the value |
Eligibility is assessed at the time the heir asks to register or transfer, not at the time of death. A person whose nationality status changes, for example by restoring Vietnamese nationality, may find their options change too. Ask the land registration office or a lawyer to confirm your category before you sign anything.
Options for a foreign heir who cannot hold the land
Being unable to hold land use rights does not mean losing the inheritance. Vietnamese land law has long provided that an heir who is not eligible to receive land use rights may transfer or give the inherited rights to an eligible person. In practice that means one of three routes: selling the share to a buyer, often a co-heir; giving the share to a Vietnamese relative; or agreeing within the family that a Vietnamese heir takes the land and pays the foreign heir in money.
The third route is the most common. Heirs sign an agreement dividing the estate at a notary office, under which the Vietnamese heirs receive the land and the foreign heir receives an agreed sum, either paid at signing or secured in some way. The agreement must be clear on the amount, currency, timing and what happens if payment is late.
While the share has not yet been transferred, a foreign heir may need someone in Vietnam to manage it. A power of attorney, notarised and legalised in the heir's country, can authorise a trusted person to deal with the property, but be careful: give only the powers needed, and avoid broad authority to sell at any price.
Points to check before agreeing a price
Foreign heirs often negotiate from far away with relatives who live next to the property. Before agreeing a value or signing an estate division, check:
- The land use right certificate: whose name it is in, the area, the land type and any notes about mortgages or disputes.
- Whether the house is properly recorded on the certificate or was built or extended without registration, which affects value and saleability.
- Planning status: whether the plot lies in an area earmarked for roads or public projects.
- Who occupies the property and on what basis; tenants or relatives living there can delay a sale.
- Whether part of the property was common property of the deceased and a surviving spouse, which changes how much forms the estate.
- An independent idea of market value, from a licensed valuer or recent comparable sales, rather than a figure suggested by one heir.
Nothing on this list is unusual for Vietnam, but each item can turn a straightforward sale into a long negotiation. Gathering the information first gives you a realistic basis for agreeing a price.
When co-heirs cannot agree
Inherited land in Vietnam is frequently held by several heirs, and disputes follow a familiar pattern. One branch of the family lives in the house and does not want to leave; another wants to sell; a foreign heir wants money but has no way to force a sale from abroad. Because a notary cannot certify an estate division without every heir, a single objection can freeze the property for years.
Mediation is the first step worth trying. Community mediation, mediation at court before a case is formally heard, and private commercial or family mediation can all produce a written settlement. Settlements reached with a mediator's help are often more durable than negotiation by message across time zones.
If mediation fails, any heir can ask a court to divide the estate. The court can order the property divided in kind where that is possible, or allocate it to one heir with an order to pay the others their share in money, which is the usual result where a foreign heir is involved. Court division takes time and requires valuation, so weigh it against a negotiated price, but knowing that this route exists often brings reluctant co-heirs to the table.
Overseas Vietnamese and people of Vietnamese origin
The category of the heir matters more than where they live. A Vietnamese citizen who has lived in the United States for thirty years, still holding Vietnamese nationality, has the same land rights as a citizen living in Hanoi. They can be registered on the certificate for inherited land, provided they can prove their nationality with a valid Vietnamese passport or other accepted papers.
A person of Vietnamese origin who now holds only a foreign nationality is in a different position. The 2024 Land Law improved the rights of this group, bringing them closer to citizens for certain kinds of land, including in some situations when they receive land use rights through inheritance. The conditions are technical and depend on implementing rules, so check eligibility with the land registration office or a lawyer rather than assuming.
Proving that you belong to either group is itself a task. Old Vietnamese birth certificates, expired passports, family registers and papers confirming Vietnamese origin can all play a part. Gather them early, because the land office will ask for them before considering registration.
From inheritance to a lawful sale: the usual sequence
Where a foreign heir wants to turn an inherited share into money, the process usually follows these steps. Details vary by province and by the condition of the property records.
- Obtain the death certificate and papers proving your relationship to the deceased, legalised and translated where they were issued abroad.
- Locate any will and check the land use right certificate and the property's legal status.
- Agree with co-heirs on how the estate will be divided, including payment to you if Vietnamese heirs take the land.
- Sign the estate division agreement, or the declaration of inheritance, at a notary office, in person or through a representative holding a valid power of attorney.
- The eligible heir or buyer registers the transfer with the land registration office and receives the updated certificate.
- Pay any taxes and fees due on the inheritance and transfer, and transfer the proceeds abroad through a bank, following foreign exchange rules.
Taxes on inherited real estate depend on the relationship between the deceased and the heir. Transfers between close relatives are often exempt from personal income tax and registration fees, while others are taxed. Rules can change, so confirm the current position with the tax authority or a lawyer.
When you need a Vietnamese lawyer
Inherited land is the kind of matter where a licensed Vietnamese lawyer usually saves more than they cost. They can confirm your category as an heir, check the certificate and planning status, review or draft the estate division agreement, and make sure that payment to you is secured before you sign away your share. If co-heirs disagree on value or on who receives the land, the lawyer can negotiate and, if necessary, take the matter to court.
Foreign heirs should be especially careful with powers of attorney and with agreements signed in Vietnamese only. Ask for a translation, read it, and make sure the amount and payment terms are spelled out. If you need a first view of your situation before engaging someone locally, you can ask a lawyer on AI Co Van (aicovan.com), with a copy of the certificate and a family tree to hand.
Do not let distance push you into signing quickly. Relatives in Vietnam may be under real pressure to sell or to settle, and a fair agreement is in everyone's interest, but a share in land is often the most valuable thing an heir will ever receive. Taking a few weeks to verify the facts is reasonable and rarely damages family relations.
Frequently asked questions
Can a foreigner inherit a house in Vietnam?
A foreigner can be an heir, but whether they can be registered as owner depends on the type of property. Foreigners generally cannot hold land use rights for a house on its own plot, though they may own certain housing in commercial projects. An ineligible heir can sell or give the share and receive its value.
What happens to inherited land if I am not allowed to hold it?
You can transfer or give your inherited land use rights to an eligible person, often a co-heir who pays you for your share. Until the transfer, you may appoint someone in Vietnam to manage the property under a power of attorney.
Do overseas Vietnamese have the same land rights as people in Vietnam?
Vietnamese citizens living abroad generally do. People of Vietnamese origin who hold only another nationality have broader rights since the 2024 Land Law, including in some inheritance situations, but conditions apply, so check eligibility with the land office or a lawyer.
Do I have to pay tax on inherited land in Vietnam?
It depends on your relationship to the deceased. Inheritance of real estate between close relatives, such as spouses, parents and children, is often exempt from personal income tax and registration fees, while other heirs pay. Confirm the current rules before completing the transfer.
Can I sell my share without travelling to Vietnam?
Usually yes, through a representative holding a power of attorney notarised and legalised in your country, with a Vietnamese translation. Limit the powers to what is needed and make sure the payment terms are clearly stated in the agreement.
Can I transfer the sale proceeds abroad?
Proceeds from a lawful sale of inherited property can generally be transferred abroad through a licensed bank, which will ask for papers showing the source of the money, such as the estate division agreement, the sale contract and tax receipts.