Consultation on Inheritance Procedures in Ho Chi Minh City

12 February, 2026 6 Views

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Procedures for Receiving Inherited Assets in Ho Chi Minh City constitute an important legal process directly concerning the rights and interests of individuals and families. As a major metropolitan area with a dense population and diverse asset types—including real estate, corporate shares, and intellectual property rights—the procedures in Ho Chi Minh City require in-depth knowledge of legal regulations and meticulous dossier preparation. This article provides detailed guidance on the steps to complete the inheritance receipt procedures in Ho Chi Minh City.

Concept and Principles of Inheritance

Consultation on Inheritance Procedures in Ho Chi Minh City

Concept of Inheritance

Inheritance is the transfer of assets, rights, and obligations from a deceased person (the person leaving the estate) to the heirs. This process is governed by the Civil Code 2015.

Classification of inheritance:

Inheritance by will:

The person leaving the estate has the right to freely make a will to dispose of their assets.
A will is only valid if it complies with the legal requirements regarding form and content.

Inheritance by law:

Applied when there is no will, or the will is declared invalid.
Inheritance rights are determined according to the order of succession prescribed in Article 651 of the Civil Code 2015.

Fundamental Principles of Inheritance

Respect for the will of the person leaving the estate: A valid will has the highest legal effect.
Protection of inheritance rights for persons in the succession line: Particularly those entitled to inherit irrespective of the will’s content (e.g., minor children).

Classification of Inherited Assets

Tangible Assets

Real estate: Residential housing, land use rights, structures attached to land.
* Key considerations:
– Assets with certificates of ownership (red book, pink book).
– Assets subject to disputes or included in planning zones.

Movable property: Cash, gold, vehicles, high-value items. The origin of ownership must be verified to avoid legal risks.

Property Rights

Intellectual property rights: Copyrights, patents, trademarks.
Business rights: Shares, capital contributions in enterprises.
Other rights: Savings deposits, insurance benefits.

* Notes:

Property rights often require special procedures for transfer or re-registration.
For shares or capital contributions, heirs must carry out transfer procedures at the enterprise or competent authority.

Cases of Declaration of Inheritance

Consultation on Inheritance Procedures in Ho Chi Minh City

Pursuant to Article 58 of the Law on Notarization 2014, declaration of inheritance is carried out in the following two cases:

The sole person entitled to inherit under the law;
All persons entitled to inherit under the law who agree not to divide the estate.

Dossier for Declaration of Inheritance at a Notary Office

– Notarization request form
– Documents proving land use rights, ownership of residential housing, and assets attached to land of the deceased
– Documents proving the relationship between the deceased and the heirs under inheritance law (in cases of intestate succession)
– Copy of the will (in cases of testamentary succession)
– Death certificate or other documents proving the death of the person leaving the estate; marriage certificate of the deceased, certificate of marital status (if any)…
– Personal identification documents: Citizen identity card, citizen identity card or passport, residence confirmation/household registration book, temporary residence registration book… of the persons declaring inheritance
– Other documents (if any)

Procedures for Declaration of Inheritance at a Notary Office

Step 1: Preparation and Submission of Dossier

The requesting party prepares one set of documents as guided above and submits it to a competent notary organization in accordance with the law.

Step 2: Dossier Examination

The notary examines the documents submitted by the requesting party. Upon determining that the dossier is complete and compliant with legal requirements, the notary accepts the notarization request and records it in the notarization register.

Step 3: Posting of Acceptance of the Inheritance Declaration Document

– The notary practice organization publicly posts the inheritance declaration document for 15 days at the headquarters of the People’s Committee of the commune where the deceased last resided. If the last permanent residence cannot be determined, posting shall be made at the place of last temporary residence.

– Where the inherited estate includes both immovable and movable property, posting shall be carried out at the People’s Committee of the commune where the immovable property is located.

– Where the estate consists solely of movable property, and the headquarters of the notary practice organization and the last permanent or temporary residence of the deceased are not in the same province or centrally-run city, the notary practice organization may request the People’s Committee of the commune at the deceased’s last permanent or temporary residence to carry out the posting.

– After the 15-day posting period, the People’s Committee of the commune where the posting took place shall confirm the posting and retain the posting records for the duration of the posting period.

Step 4: Drafting of the Inheritance Declaration Document and Certification

– Upon completion of posting without any complaints or denunciations, the notary practice organization proceeds to process the dossier. If the requesting party has prepared a draft inheritance declaration document, the notary verifies its content and form. If the draft contains provisions violating the law or contrary to social ethics, or if the content is inconsistent with legal requirements, the notary shall point out the issues for correction. If the requesting party does not make corrections, the notary may refuse to notarize.

– Where the notary drafts the document at the request of the requesting party: If the content and transaction are genuine, lawful, and not contrary to social ethics, the notary shall draft the document.

– The requesting party shall read the draft document themselves or have the notary read it aloud upon request.

– Upon agreeing to the entire content of the draft inheritance declaration document, the requesting party shall sign to confirm each page. The notary requires the requesting party to present the originals of the documents listed above for verification before recording the certification and signing each page of the document as prescribed by law.

Step 5: Payment of Fees and Receipt of Results

Pay the fees as prescribed by the competent notary authority and receive a receipt schedule for the results. Collect the notarized inheritance declaration document according to the schedule.

Risks and Solutions in the Inheritance Receipt Procedure

Disputes among heirs

Common causes:
- Unclear or invalid will.
- Disagreements over asset division.
Resolution methods:
- Negotiation among the parties.
- Mediation by local authorities.
- Litigation at court if no agreement is reached.

Tax and fee issues

Personal income tax: Exempt for inheritance between direct relatives (parents, children, spouses).
Notarization and ownership registration fees: Generally calculated based on the value of the assets.

Support Services for Consultation on Inheritance Receipt Procedures Provided by BKC Law

With many years of experience in the legal field, BKC Law proudly offers professional, dedicated, and effective consultation services for inheritance receipt procedures. We understand that each inheritance case has unique characteristics—from complex assets such as real estate and corporate shares to family disputes. Therefore, our team of lawyers is committed to accompanying you at every step, ensuring optimal protection of your rights and interests.

Services provided by BKC Law:

Legal consultation on inheritance: Identification of heirs, classification of assets, and related rights.
Assistance in dossier preparation: From death certificates and wills to documents related to asset ownership.
Legal representation: Liaison with notary offices, state authorities, and participation in dispute resolution (if any).
Support for asset name transfer procedures: Transfer of land use rights, vehicles, shares, and other assets.

To receive free legal consultation at BKC Law, please contact our lawyers using the following information:

Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City