Ho Chi Minh City, 16 June 2026

Inheritance is an important concept in Vietnamese civil law and is always a subject of great public interest. Consequently, the inheritance regime has been recognized and refined across many developmental stages of Vietnam’s legal system. Accordingly, the Constitution and civil law of Vietnam protect the right of inheritance to safeguard individual property ownership. This provides peace of mind to citizens as they work, produce, conduct business, and accumulate wealth across generations.

To provide a general legal overview of inheritance in Vietnam, we have prepared a series of articles titled “Inheritance in Vietnam: Key Considerations”, comprising the following four parts:

• Part 1 – Overview of Inheritance in Vietnam
• Part 2 – Inheritance at Law: Heirs at Law and Applicable Principles
• Part 3 – Testamentary Inheritance: Key Considerations for Drafting a Valid Testament
• Part 4 – Estate and Distribution of Estate

Overview of Inheritance in Vietnam

In respect of the legal framework, inheritance relations in Vietnam are primarily governed by the Civil Code 2015. Additionally, for specific matters, the provisions of relevant specialized laws (such as marriage and family laws) alongside precedents published by the Judicial Council of the Supreme People’s Court play an important role in interpreting and applying inheritance law in practice.

General Principles

The State protects the right of inheritance. Accordingly, all individuals are equal in their rights to leave their property to others and to inherit estates under testaments or according to the law.

Vietnamese law respects the autonomy of parties in inheritance relations, in particular:

• An estate leaver has the right to make a testament to dispose of their property, designate heir(s), and disinherit heir(s).
• An heir has the right to disclaim an estate, provided that the disclaimer does not aim to shirk property obligations toward another person.

Key Parties in an Inheritance Relation

In an inheritance relation, there are four main groups of parties:

• The Estate Leaver: An individual who leaves property (the estate) to his/her heir(s).
• The Heir(s): (i) An individual who is alive at the time of opening inheritance, or is born and still alive after that time but was conceived before the estate leaver died; or (ii) an entity that exists at the time of opening inheritance. Heir(s) include at-law heirs (by rank of inheritance) and testamentary heirs.
• The Estate Manager: A person appointed under the testament or by agreement among the heirs.

• The Estate Distributor: A person who distributes the estate in accordance with the testament or by agreement among the at-law heirs. An estate distributor may simultaneously serve as the estate manager.

Other Key Factors to Consider

In an inheritance relation, the involved parties should note the following factors:

• Time of Opening Inheritance: The moment the property owner dies or is declared dead by a court in accordance with the law.
• Place of Opening Inheritance: The last place of residence of the estate leaver. If this place cannot be determined, it is the location where all or the majority of the estate is situated.
• Statute of Limitations for Inheritance: Calculated from the time of opening inheritance, the time limits are:
  • 30 years for an heir to request the distribution of an estate consisting of immovable property;
  • 10 years for an heir to request the distribution of an estate consisting of movable property;
  • 10 years for an heir to request a determination of their inheritance right or rejection of the inheritance right of another person;
  • 3 years for relevant parties to request an heir to perform the property obligations left by the decedent.
• Inheritance includes two types: inheritance at law (e., intestate succession) and testamentary inheritance.

Conclusion

Inheritance remains a major public interest because it ensures the protection of wealth across generations. For high-net-worth individuals and families, planning for inheritance early is essential to manage legal risks and preserve family assets.

In the next part, this series will analyze certain aspects of inheritance at law in Vietnam.

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For more information or guidance on inheritance, testaments, and estate distribution in Vietnam, please contact our team via

Email: info@indochinecounsel.com

Phone: +84 28 3823 9640