Inheritance Procedures When a Japanese Parent Dies and the Japanese Heir Lives in Vietnam While Retaining Japanese Nationality

A Japanese parent who lived in Japan has died, and I, the heir, live in Vietnam while retaining Japanese nationality. There are deposits and real estate remaining in Japan—whether due to an assignment, local employment, business, relocation, or another circumstance.

In this combination, where the decedent is Japanese, the applicable law is definitively Japanese law. The heirs can also be determined entirely through Japanese family registers. The remaining issue is whether a seal registration certificate can be prepared.

Key Points of This Article

• If the decedent is Japanese, the governing law is Japanese law. The heir’s presence in Vietnam does not affect the scope of heirs or inheritance shares.
• Because the decedent’s family registers are available, determining the heirs proceeds normally. A statutory inheritance information diagram can also be used.
• If a moving-out notification was not filed, a seal registration certificate can be obtained.
• If resident registration has been removed, obtain a signature certificate and residence certificate at the Embassy of Japan in Vietnam (Hanoi) or a Consulate-General (Ho Chi Minh City or Da Nang).
• Notarization at a Vietnamese notary office or consular legalization is unnecessary.

1. The Governing Law Is Japanese Law

Article 36 of Japan’s Act on General Rules for Application of Laws provides that succession is governed by the decedent’s national law. If the decedent is a Japanese national, Japanese law applies.

Who the heirs are, the amount of each statutory inheritance share, and whether there is a reserved portion are all determined under Japan’s Civil Code. The heir’s residence in Vietnam does not change the determination.

2. Confirm Whether You Have Resident Registration

Seal registration is a system for people with resident registration in a Japanese municipality. If a moving-out notification was not filed, the residence record and seal registration remain. In that case, you can authorize family in Japan to obtain a seal registration certificate and complete the procedures in the same manner as a person residing in Japan.

The subsequent steps differ depending on whether resident registration remains. If you do not know your status, family in Japan can confirm it at the municipal office.

The following is an explanation for people who have removed their residence record.

3. Two Certificates Obtained at an Overseas Establishment

The application requires a passport, the document to be signed, and materials proving the current address (such as a lease agreement or utility bill).

Two Formats of Signature Certificates

• Bound-together format: A format in which documents such as an inheritance division agreement and the certificate are bound together, certifying that the document was signed
• Separate format: A format separated from the document, certifying the signature itself

Which one is required depends on the recipient. The separate format can be obtained without waiting for the inheritance division agreement to be completed.

Jurisdiction

There is an embassy in Hanoi and Consulates-General in Ho Chi Minh City and Da Nang. The office you visit depends on your area of residence.

Japanese nationals do not need notarization at a Vietnamese notary office or consular legalization by Vietnam’s Ministry of Foreign Affairs or a Japanese overseas establishment.

4. The Work on the Japanese Side Can Be Completed in Japan

When the decedent is Japanese, the work that can be carried out in Japan is as follows.

• Collecting family registers from the decedent’s birth through death
• Preparing an inheritance relationship chart and statutory inheritance information diagram
• Investigating assets (inquiries to financial institutions and confirmation of real estate)
• Preparing an inheritance division agreement
• Preparing inheritance notifications for each financial institution

Using a statutory inheritance information diagram allows you to receive as many copies of the diagram as needed. They can be submitted to multiple financial institutions at the same time.

5. How to Receive the Assets

Repayment of Japanese deposits is, in principle, transferred to an account in Japan. The receipt procedure differs depending on whether you maintain a Japanese account. An account with no activity for a long period may be treated as an inactive deposit account.

If you inherit Japanese real estate, management, payment of fixed asset tax, and a future sale remain as issues to address.

6. Estimated Timeline

The overall guideline is 4–6 months.

Services of Our Office

Gyoseishoshi Arch Office has been based in Osaka and involved in procedures including status-of-residence applications for more than 15 years. We handle matters for people who travel between Asian countries, including Vietnam.

• Confirming resident registration status
• Collecting family registers in Japan and preparing an inheritance relationship chart・statutory inheritance information diagram
• Preparing an inheritance division agreement
• Supporting cancellation and repayment procedures at financial institutions
• Coordinating with a judicial scrivener when inheritance registration is required and with a tax accountant when an inheritance tax return is required

Frequently Asked Questions

Q. Can I complete the procedures without returning to Japan from Vietnam. A. If the inheritance mainly concerns deposits, there are many cases in which it can be completed without returning to Japan.

Q. Is notarization at a Vietnamese notary office required. A. It is not required when a Japanese national uses a signature certificate from an overseas establishment.

Q. Should I go to Hanoi or Ho Chi Minh City. A. Visit the establishment with jurisdiction over your area of residence. There is also a Consulate-General in Da Nang.

Q. Do I, as someone in Vietnam, also owe Japanese inheritance tax. A. Assets located in Japan are subject to Japanese inheritance tax regardless of the heir’s address or nationality. A tax accountant must confirm the scope of taxation.

Contact Us

For a consultation, please prepare the decedent’s date of death, the number and places of residence of the heirs, your resident registration status, and the types of assets in Japan. We can assist in Japanese or Chinese.

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