“Can a Chinese citizen inherit real estate in Vietnam?” — a question many mixed families face when a relative passes away leaving assets in Vietnam. The short answer: yes, but you must separate two asset classes — houses and land use rights — because their legal regimes are entirely different.
1. The principle: foreigners have inheritance rights in Vietnam
Vietnamese law does not prohibit foreigners from inheriting. Under Article 609 of the Civil Code 2015 (No. 91/2015/QH13), individuals may make wills to dispose of their property and inherit estates under wills or by law.
For inheritance with foreign elements, Article 680 of the Civil Code 2015 provides: statutory inheritance is determined by the law of the country of the deceased’s nationality; but inheritance rights over real estate in Vietnam follow Vietnamese law — the law of the place where the property sits. The limitation period for claiming division of inherited real estate is 30 years.
2. The key distinction: houses can be owned (with a time limit), land cannot
Houses: inheritable and registrable in the heir’s name, but time-limited. Under Articles 17–20 of the Housing Law 2023 (No. 27/2023/QH15, effective 01/8/2024 under early effect), foreign individuals permitted to enter Vietnam may own houses. For inherited houses: ownership is limited to no more than 50 years from the date of issuance of the certificate, with one extension of no more than 50 years (Article 20).
Land use rights: no title for the foreign heir. Foreign individuals are not land users under the Land Law 2024 (No. 31/2024/QH15, effective 01/8/2024). For residential land without a house in a project, agricultural land and other land types, a Chinese heir may only receive the cash value — by transferring or donating the land use right to an eligible recipient.
In one sentence: houses can be owned (time-limited), land yields only cash value. Claims that “Chinese citizens can inherit land in Vietnam” are wrong, and “permanent ownership like Vietnamese citizens” is also wrong (except one exception below).
3. Exceptions to the exception: cash value only, or full ownership
- Cash value only — even for houses — when: the number of houses exceeds the limits in Article 19 of the Housing Law 2023, or the house sits in a national defense or security area (Article 16) — the foreign heir cannot take title and only receives the value;
- Ownership like a Vietnamese citizen when: the foreign individual is married to a Vietnamese citizen residing in Vietnam (Article 20) — the 50-year limit does not apply.
Note: the regime for “Vietnamese-origin persons settled abroad” does not apply to Chinese citizens — two entirely different subject groups with separate legal regimes.
4. Notarization procedure: dossier, 15-day posting, signing the declaration
The inheritance declaration/division is processed at a notarial practice organization where the real estate is located, under the Notarization Law 46/2024/QH15 (effective 01/7/2025, replacing the 2014 Notarization Law). The dossier includes:
- Notarization request form;
- Death certificate of the deceased;
- The will (if any);
- Certificate of ownership/use right of the property;
- Documents proving the inheritance relationship (birth certificates, marriage registration…);
- The heir’s passport.
The notarial organization will publicly post the matter for 15 days at the commune-level People’s Committee where the property sits. If no complaint or denunciation arises within the posting period, the heirs sign the written declaration of inheritance or the written agreement on estate division.
5. The heir is in China: authorization and consular legalization
The heir does not need to travel to Vietnam. Two remote options:
- Execute a power of attorney at a Vietnamese diplomatic mission in China (Embassy/Consulate General); or
- Execute the power of attorney at a Chinese notarial organization, then have it consular-legalized and translated and notarized into Vietnamese.
All documents issued by Chinese authorities (death certificates, kinship confirmations…) must be consular-legalized before use in Vietnam — the most time-consuming step, so start early.
6. Financial obligations: 10% PIT and 0.5% registration fee
- Personal income tax: inheritance income is taxed at 10% on the portion exceeding VND 10 million per receipt (Personal Income Tax Law 04/2007/QH12, still in force);
- Registration fee: 0.5% when registering the transfer of house ownership/land use rights (Decree 10/2022/ND-CP, effective 01/3/2022) — the heir still pays when transferring the certificate.
Frequently asked questions
Q: My father is Vietnamese, my mother is Chinese, and I hold Chinese nationality — can I inherit my father’s house in Hanoi?
A: Yes. You may hold the house title for up to 50 years from the certificate issuance date, with one extension of no more than 50 years (Article 20, Housing Law 2023).
Q: What about inheriting agricultural land in my hometown?
A: You cannot hold the land use right title. You only receive the cash value by transferring the land use right to an eligible person.
Q: I am married to a Vietnamese citizen and live in Ho Chi Minh City — does the 50-year limit apply to an inherited house?
A: No. In this case you own the house like a Vietnamese citizen (Article 20, Housing Law 2023).
See also: Foreigners married to Vietnamese citizens: which temporary residence card category?
Contact us
FLAT Law Firm assists mixed families with inheritance procedures in Vietnam: determining the property regime, preparing notarization dossiers, powers of attorney and consular legalization of documents from China, and declaring tax obligations. Contact: contact us.
This article is for general information only and does not constitute legal advice for your specific situation.
Transparency note: The legal content of this article was QA-reviewed by the FLAW AI Legal Council and approved by the site owner before publication. It is not the opinion of a licensed attorney who has reviewed your case.
