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Inheritance deed: what it is, why it matters, how to obtain it
What is an inheritance deed in Vietnam?
Inheritance deed at a glance
Document- Vietnamese name
- Văn bản khai nhận di sản thừa kế (sole heir) or Văn bản thỏa thuận phân chia di sản thừa kế (multiple heirs)
- Literally: “declaration/agreement on the inherited estate”
- Issued by
- A notary public office (văn phòng/phòng công chứng), certifying the heirs' own declaration and supporting documents
- In some rural communes, the commune People's Committee may certify instead of a notary
- For
- The legal heirs of a deceased owner — under a valid will, or, absent one, the statutory order of priority set by the Civil Code 2015
- When it matters in a purchase
- Whenever a resale seller's title passed through inheritance, it forms part of the title chain your lawyer checks before you sign. It is also the document a foreign owner's own heirs will need on their side.
- See our buying-process guide
- Typical cost
- Notarization and certified translation: roughly €150–€650 (≈ 4,000,000–17,200,000 VND), plus a 0.5% registration fee to update the certificate
- Decree 10/2022/ND-CP; notary fee is value-based, not fixed
- Validity
- No expiry once notarized and the certificate is re-issued in the heirs' name(s); a foreign heir's own tenure remains capped at 50 years from the original grant, renewable once
- Housing Law 2023
- Governing law
- Civil Code 2015 (Part IV, inheritance), Law on Notarization 2014 (amended 2024), Housing Law 2023 (in force since 1 January 2025)
How an inheritance deed is obtained
⏱ Roughly 6–10 weeks from a complete file to an updated certificate; longer if heirs are abroad or the estate is disputed
Heirs — not buyers — apply for this deed, but as a buyer you will still encounter it whenever a seller's title passed through inheritance, and as a foreign owner it is worth understanding before you decide who should inherit your own Hanoi property. None of the steps below require every heir to be physically present in Vietnam throughout; an heir abroad can usually act through a registered power of attorney.
- 1
Confirm the heirs and gather the paperwork
⏱ 1–2 weeks
The heirs (or their representative) collect the deceased's death certificate, their existing Certificate (Pink Book) for the property, proof of the family relationship, identity documents for every heir, and the will, if one exists. Absent a will, the Civil Code 2015 sets a fixed order of priority — spouse, biological and adopted children, and parents share first, followed by grandparents and siblings.
DocumentsDeath certificate · Deceased's Certificate (Pink Book) · Heirs' passports or ID cards · Marriage/birth certificates proving relationship · Will, if one exists
⚠An heir living abroad whose birth or marriage certificate is not legalized and apostilled for use in Vietnam is the single most common cause of delay.
- 2
Public notice period
⏱ 15 days (statutory minimum)
Before the notary can certify the deed, the estate is publicly posted at the People's Committee of the commune/ward where the property sits (and where the deceased last resided), inviting anyone with a competing claim to come forward. This step exists to protect buyers who later rely on the title, as much as the heirs themselves.
⚠A contested estate, or a claim that surfaces during the notice period, pauses notarization until it is resolved or settled by a court.
- 3
Notarization of the deed
⏱ Same day, once the notice period closes◈ Value-based notary fee, per the official schedule
Once the notice period closes without objection, the notary drafts either the sole-heir declaration or the multi-heir division agreement and has every heir sign in person, or through a registered power of attorney if they are abroad.
DocumentsSigned declaration or division agreement from every heir · Original death certificate · Original Certificate (Pink Book)
→ law firms - 4
Pay the registration fee and update the certificate
⏱ 2–4 weeks◈ 0.5% registration fee
The heirs submit the notarized deed to the district Land Registration Office to have the Certificate re-issued in their name(s), paying the 0.5% registration fee and settling any Personal Income Tax position first.
DocumentsNotarized inheritance deed · Tax clearance or exemption confirmation
- 5
Check foreign-heir eligibility before applying
⏱ Assess before filing
If an heir is a foreign national (and not a Việt Kiều, who holds near-local rights under the Land Law 2024), the property must still qualify for foreign ownership — an apartment within the 30% foreign quota for that building, for the balance of the original 50-year renewable term. Land, and housing outside an approved commercial project, cannot be titled to a foreign heir at all. Where an heir does not qualify, they keep the right to the property's value — typically exercised by selling and receiving the proceeds, or by a Vietnamese or Việt Kiều co-heir taking the title instead.
⚠Filing the certificate application before this eligibility check can leave a case stalled at the land office for months.
→ law firms
What an inheritance deed costs
Figures are administrative and professional costs. Personal Income Tax on the inheritance itself depends on the heir's relationship to the deceased and is assessed separately by the tax office.
| — | Min | Max | Base |
|---|---|---|---|
| Notarization of the deedRises with the declared value of the estate | €90 (≈ 2,400,000 VND) | €350 (≈ 9,300,000 VND) | value-based, set by the notary fee scheduleHeirs, at notarization |
| Certified translation of foreign documentsDeath, birth or marriage certificates issued abroad typically need this | €40 (≈ 1,060,000 VND) | €150 (≈ 4,000,000 VND) | per documentHeirs, if any supporting document is not in Vietnamese |
| Registration fee to update the certificateDecree 10/2022/ND-CP | 0.5% | 0.5% | % of the assessed property valueHeirs, when re-issuing the Certificate (Pink Book) |
| Personal Income Tax on the inheritanceSpouse, biological/adoptive parents-children, parents/children-in-law, grandparents-grandchildren and siblings are generally exempt; other heirs should have their position assessed individually | Exempt | Assessed by the tax office | depends on relationship to the deceasedHeirs, before the certificate is re-issued |
| If the heir later resells the propertyThe standard transferor's Personal Income Tax that applies to any Vietnamese real-estate sale | 2% | 2% | % of the sale priceHeir, only if and when they sell |
| Total | ≈ €130 (≈ 3,500,000 VND) | ≈ €500 (≈ 13,300,000 VND) |
Civil Code 2015 · Law on Notarization 2014 (amended 2024) · Decree 10/2022/ND-CP · Housing Law 2023 (in force since 1 January 2025)
Lawyers who handle inheritance and succession filings for foreign heirs
Frasers Law Company
★Premier cabinet à avoir obtenu une licence de cabinet étranger au Vietnam (32 ans, 17 practices). Corporate & M&A, Real Estate & Construction, banking & finance, foreign investment, data protection, compliance. Conseil international pour entreprises étrangères investissant au Vietnam.
Ho Chi Minh City + Hanoi · EN, VN
Vision & Associates
★Investissement étranger, immobilier, corporate/M&A, propriété intellectuelle, conseil - ~90 avocats/conseils
Hanoi · Vietnamien, Anglais
GV Lawyers (Global Vietnam Lawyers)
★Conveyancing immobilier, due diligence, acquisition foncière, conseil aux acheteurs étrangers, transactions résidentielles/commerciales
Ho Chi Minh City · Vietnamien, Anglais
Russin & Vecchi
★Cabinet international parmi les premiers cabinets étrangers licenciés au Vietnam (1993, ~4 associés/20 avocats). 17 domaines dont Real Estate & Construction, FDI & corporate, M&A, IP, banking/capital markets, employment, fiscalité. Sert investisseurs étrangers (référencé pour l'assistance juridique par l'ambassade US).
Ho Chi Minh City + Hanoi · EN, VN
Frequently asked questions
How does inheritance work in Vietnam?
Vietnamese real estate passes either under a valid will or, if there is none, under the fixed order of priority set by the Civil Code 2015 — spouse, children and parents first, then grandparents and siblings. The heirs must have their entitlement notarized in an inheritance deed before the property's Certificate (Pink Book) can be updated in their names.
How do I get a deed for an inherited property?
The heirs gather the death certificate, the existing title and proof of relationship, wait through a 15-day public notice period at the local People's Committee, then have a notary certify either a sole-heir declaration or a multi-heir division agreement. The notarized deed is then filed with the district Land Registration Office to update the certificate.
Can a foreigner inherit property in Vietnam?
Yes, a foreigner can be named as an heir. Whether they can be registered as owner depends on eligibility: an apartment within the 30% foreign quota for that building qualifies, for the balance of the original 50-year renewable term. Land, and housing outside an approved commercial project, cannot be titled to a foreign individual — an ineligible heir instead keeps the right to the property's value.
Is inherited property taxed in Vietnam?
Often not. Personal Income Tax on an inheritance is generally exempt when the heir is the deceased's spouse, biological or adoptive parent/child, parent/child-in-law, grandparent/grandchild or sibling. Heirs outside that group should have their tax position assessed individually before the certificate is updated.
What happens if there is no will?
The estate is distributed under the Civil Code 2015's statutory order: spouse, biological and adopted children, and parents inherit equal shares first; if none survive, grandparents and siblings are next in line. All eligible heirs in the applicable group must join the notarized declaration or division agreement.
Can heirs abroad complete the process without traveling to Vietnam?
Usually yes. An heir who cannot attend in person can sign through a registered power of attorney, notarized or legalized in their country of residence and then used by their representative in Vietnam for the notarization and land-office steps.
Is a will made outside Vietnam recognized?
A will validly executed under the law of the country where it was made is generally recognized for private international law purposes, but the Vietnamese notary and land office will still require it — with a certified translation and, where relevant, legalization — before it can be used to update a title in Vietnam. Have it reviewed locally rather than assuming automatic recognition.
Sources
- Civil Code 2015 (Bộ luật Dân sự, No. 91/2015/QH13) — Part IV, inheritance
- Housing Law 2023 (Luật Nhà ở, No. 27/2023/QH15), in force since 1 January 2025
- Land Law 2024 (Luật Đất đai, No. 31/2024/QH15)
- Law on Notarization 2014 (amended 2024)
- Decree 10/2022/ND-CP — registration fee schedule
Buying a property that passed through inheritance — or planning your own succession?
Send us the notarized deed and the seller's title chain, or tell us how you would like your own Hanoi property to pass to your heirs. Our advisory desk arranges an independent review with Vietnamese-licensed counsel and replies within 24 hours — no obligation.