{"id":6418,"date":"2024-12-02T08:17:39","date_gmt":"2024-12-02T01:17:39","guid":{"rendered":"https:\/\/taphalaw.com\/?p=6418"},"modified":"2024-12-02T12:04:38","modified_gmt":"2024-12-02T05:04:38","slug":"tu-van-ve-viec-nhan-thua-ke-bat-dong-san-cho-nguoi-goc-viet-nam-dinh-cu-o-nuoc-ngoai","status":"publish","type":"post","link":"https:\/\/taphalaw.com\/en\/tu-van-ve-viec-nhan-thua-ke-bat-dong-san-cho-nguoi-goc-viet-nam-dinh-cu-o-nuoc-ngoai.html","title":{"rendered":"CONSULTATION ON REAL ESTATE INHERITANCE FOR VIETNAMESE DESCENT RESIDING OVERSEAS"},"content":{"rendered":"Matter in Brief:<\/b><\/span><\/p>\n

Mr. Dang Hoang M and Mrs. Tran Kim N had two common child, Mr. Dang Tran K and Mr. Dang Tran H. During their lifetime together, Mr. M and Mrs. N accumulated a significant estate consisting of: (1) A villa located at 12 T Street, District A, City P, with an area of 150 square meters and an estimated market value of 22 billion VND (hereinafter referred to as the “Villa No. 12”); and (2) A high-end apartment of 100 square meters in the KG tower, part of the AP complex, City D, with an estimated value of 17 billion VND (hereinafter referred to as the “KG Apartment”).<\/span><\/p>\n

In 2010, Mr. K emigrated to study in the United States and subsequently remained to work there, acquiring US nationality and renouncing his Vietnamese nationality. Since Mr. K’s departure, Mr. H and his family have resided with Mr. M and Mrs. N at the Villa No. 12. The KG Apartment has been rented out.<\/span><\/p>\n

In 2020, Mr. M passed away, and in early 2024, Mrs. N passed away (neither of them left a will).<\/span><\/p>\n

On July 20, 2024, Mr. K received a decision from his company transferring him from the United States to work in City P for a period of three years.<\/span><\/p>\n

Due to the lack of a residence in Vietnam, Mr. K has been renting an apartment in City P for over four months for living and commuting purposes. Recognizing that his financial capacity to continue renting a home for living and working for three years is not sustainable, Mr. K has repeatedly requested that Mr. H divide the inherited estate of Mr. M and Mrs. N, specifically requesting to receive the Villa No. 12 as the kind property. However, Mr. H has refused, citing the fact that he and his family currently reside in this villa.<\/span><\/p>\n

Client’s Request:<\/span><\/strong><\/p>\n

Mr. K has contacted TAPHALAW requesting legal consultancy on a solution to enable him to inherit the Villa No. 12. This is to facilitate his travel and work during his stays in Vietnam, and to accommodate his long-term work plans.<\/span><\/p>\n

Attorney’s Work Performed:<\/b><\/span><\/p>\n

TAPHALAW’s attorney has reviewed the documents, assessed the request and materials provided by Mr. K in light of current legal regulations. After evaluation, the Lawyer has advised Mr. K on the inheritance rights of Vietnamese descent residing overseas with respect to real estate inheritance in Vietnam, the solutions to address Mr. K’s request, and the advantages and disadvantages of each option.<\/span><\/p>\n

In the case of inheriting Villa No. 12: Based on the provisions of the 2023 Housing Law and related documents, the attorney has determined that current law only permits foreign individuals to inherit residential real estate in housing investment and construction projects in areas without strict national defense and security requirements. Considering that (i) Villa No. 12 is an individual house, not residential within an investment project, and (ii) Mr. K holds U.S. nationality, he cannot establish ownership of this property. Therefore, Mr. K may only request that Mr. H pay him the value of his inherited share in Villa No. 12, after which Mr. K may consider purchasing residential real estate in another investment project in City P.<\/span><\/p>\n

In the case of inheriting Apartment KG: Pursuant to point c, clause 2, Article 20 of the 2023 Housing Law and related documents, Mr. K is entitled to own this property for a period not exceeding 50 years from the date of issuance of the Certificate of Ownership, and may extend this period once for a period not exceeding 50 years if necessary.<\/span><\/p>\n

However, Apartment KG is located in City D, which is quite far from where Mr. K plans to live and work, and this property is currently being leased. Therefore, the attorney has advised Mr. K on the following additional option: (i) Accept the inheritance and establish ownership of Apartment KG, and then (ii) Transfer this apartment and purchase residential real estate in another investment project in City P. The attorney has also advised Mr. K that he must comply with the regulations regarding written notification to the tenant of the sale and the conditions of sale of this apartment, as the tenant shall be prioritized to purchase if they have paid rent adequately.<\/span><\/p>\n

Resolution Outcome:<\/b><\/span><\/p>\n

Following legal consultancy, mutual discussions with Mr. H and the tenant of apartment KG, the parties have agreed to the following resolution: (i) The parties have agreed to a division of the inherited estate, ensuring the equitable protection of each party’s interests, contributions, care for their parents, and their respective practical needs: Mr. H will receive Villa No. 12, and Mr. K will receive Apartment KG; (ii) TAPHALAW’s attorney has drafted an agreement documenting the terms mutually agreed upon by the parties. The attorney has also recommended that the parties notarize the agreement regarding the division of the inherited estate, to which the parties have consented. The aforementioned agreement has been notarized to serve as the basis for updating the changes in ownership for the properties; (iii) After the transfer of inheritance for apartment KG was updated, Mr. K transferred ownership of this apartment to the tenant for the transfer value of 17 billion VND. Subsequently, Mr. K selected several new apartments in city P for purchase and has requested continued legal advice and assessment from the attorney regarding the legal procedures and related formalities to complete the purchase of these apartments.<\/span>","protected":false},"excerpt":{"rendered":"

Matter in Brief: Mr. Dang Hoang M and Mrs. Tran Kim N had two common child, Mr. Dang Tran K and Mr. Dang Tran H. During their lifetime together, Mr. M and Mrs. N accumulated a significant estate consisting of: (1) A villa located at 12 T Street, District A, City P, with an area […]\n","protected":false},"author":1,"featured_media":6419,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[97,92,114],"tags":[],"yst_prominent_words":[],"acf":[],"_links":{"self":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts\/6418"}],"collection":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/comments?post=6418"}],"version-history":[{"count":2,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts\/6418\/revisions"}],"predecessor-version":[{"id":6424,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts\/6418\/revisions\/6424"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/media\/6419"}],"wp:attachment":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/media?parent=6418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/categories?post=6418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/tags?post=6418"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/yst_prominent_words?post=6418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}