When a Japanese Parent Dies and the Vietnamese Heir Is in Vietnam
This article explains inheritance procedures when the decedent is Japanese and the heir is Vietnamese and lives in Vietnam. The relationship can be traced through the Japanese family register. Notarization at a notary office is used instead of a seal registration certificate; because Vietnam is not a party to the Apostille Convention, the treatment of authentication differs.
When a Japanese Parent Dies and the Vietnamese Heir Is in Vietnam
The decedent was Japanese and lived in Japan. You, the heir, are Vietnamese and live in Vietnam—this includes spouses in international marriages, children who did not acquire Japanese nationality, and people who renounced Japanese nationality.
Nationality does not affect the right to inherit. The issue is how to prove it.
Key points of this article
- If the decedent was Japanese, Japanese law is the governing law. Even if the heir is Vietnamese, the scope of heirs and inheritance shares are determined under the Japanese Civil Code.
- The heir’s relationship can be traced through the Japanese family register. Marriage, birth, and loss of nationality are recorded in the decedent’s family register.
- What the family register cannot establish is the heir’s current name, survival, and address in Vietnam.
- Vietnam has no seal registration system, so notarization at a notary office is used instead of a seal registration certificate.
- Vietnam is not a party to the Apostille Convention. If authentication is required, consular authentication procedures apply.
1. Japanese law is the governing law
Article 36 of Japan’s Act on General Rules for Application of Laws provides that succession is governed by the national law of the decedent. If the decedent was a Japanese national, Japanese law applies.
The heir’s Vietnamese nationality and residence in Vietnam do not affect the scope of heirs or inheritance shares. The Japanese Civil Code does not make the heir’s nationality a requirement.
2. Heirs can be established through the family register
Even if the heir is a foreign national, the relationship can be traced through the Japanese family register if the decedent was Japanese.
| Event | Family-register entry |
|---|---|
| Marriage to a foreign national | Recorded in the Japanese spouse’s status column together with the spouse’s name, nationality, and date of birth |
| Birth of a child | Recorded in the parent’s status column. If the child has Japanese nationality, the child becomes a family-register member |
| Renunciation or loss of Japanese nationality | The reason and date of loss of nationality are recorded, and the person is removed from the register |
The decedent’s family register shows whether there was a Vietnamese spouse or a child who renounced Japanese nationality.
Matters not known from the family register
The Japanese family register does not track the subsequent status of foreign nationals. It cannot confirm whether the person is still alive, whether the name has changed, or where the current address is.
3. Supplement it with certificates from Vietnam
In Vietnam, People’s Committees and judicial authorities issue certificates of personal status.
| Certificate | Contents |
|---|---|
| Birth certificate (Giấy khai sinh) | Birth registration and parents’ names |
| Marriage certificate (Giấy chứng nhận kết hôn) | Marriage registration |
| Death certificate (Giấy chứng tử) | Death registration |
| Residence information confirmation | Proof of current place of residence |
The paper family register (Sổ hộ khẩu) has been abolished, and residence information is managed in the national population database. The name and issuance method of documents proving the current address have changed from the past, so do not proceed based on outdated information.
Submit them to the Japanese recipient with Japanese translations attached.
4. Where to obtain signature certification
A signature certificate can replace a seal registration certificate. Whether the heir is Japanese or a foreign national, the use of a signature and its certification instead of a registered seal and seal certificate is the same.
The difference is the issuing authority.
| Heir’s nationality | Issuing authority |
|---|---|
| Japanese nationality | Embassy of Japan in Vietnam or Consulate-General |
| Other than Japanese nationality | Vietnamese notary office (an institution equivalent to a Japanese notary役場) |
Signature certification by an overseas diplomatic mission is a system for Japanese nationals. A Vietnamese heir has the signature notarized at a notary office.
Completion of the estate division agreement is not a prerequisite
Notarization may take the form of signing a Japanese estate division agreement and having it notarized, or having the signature itself notarized. The latter can be obtained even before the agreement is complete.
An Apostille cannot be used
Vietnam is not a party to the Apostille Convention (the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents). Therefore, if authentication is required, the procedure is consular authentication through Vietnam’s Ministry of Foreign Affairs and Japan’s overseas diplomatic mission, rather than an Apostille.
In practice, Japanese Legal Affairs Bureaus and financial institutions generally accept a notarized document with a Japanese translation attached, and cases requiring consular authentication are limited. Each additional authentication stage costs time and money, so whether it is necessary depends on the recipient.
5. Proof of address
The certificate of residence available to Japanese nationals cannot be used by Vietnamese nationals.
For proof of address when inheriting real estate and becoming the registered owner, the Ministry of Justice Civil Affairs Bureau II Notice No. 1596 dated December 15, Reiwa 5 (applicable to applications submitted on or after April 1, Reiwa 6) establishes the procedure. A foreign national whose address is abroad must attach one of the following.
1. A document proving the address prepared by the government of the home or country of residence (equivalent to a copy of a Japanese residence certificate) 2. A sworn statement authenticated by a notary in the home or country of residence (signed after swearing that the name and address are true) + copy of passport
The passport copy must include the pages showing the name, period of validity, and photograph. If it is not integral to the sworn statement, a statement and signature or signed seal impression that it is identical to the original are required. If you do not have a passport, attach a written submission explaining this and a copy of another identity document.
Translations must be attached to foreign-language documents, but the full text need not be translated. Apart from certification-related portions such as the title, name, address, issue date, period or expiration date, issuing authority, and statement of certification, the translation may be omitted by stating that it has been omitted.
For an individual case, confirm with the competent Legal Affairs Bureau what will be accepted as proof-of-address information before proceeding.
6. If you renounced Japanese nationality
For a person who was formerly Japanese, the loss of nationality remains recorded in the removed family register. Since the parent-child relationship with the decedent can be traced through the Japanese family register, proving the relationship is easy.
The issue is whether the current name matches the family-register entry. If the name’s notation has changed, materials showing that the person is the same individual are required.
7. How to receive the inheritance
Refunds of Japanese deposits are generally transferred to an account in Japan. If a Vietnam-resident heir has no Japanese account, whether the financial institution can handle an overseas transfer varies by institution. Vietnam’s foreign-exchange regulations must also be considered.
8. Inheritance tax
Property located in Japan is subject to Japanese inheritance tax regardless of the heir’s nationality or address. Living in Vietnam does not exclude it from taxation.
Whether property abroad is also subject to Japanese taxation varies according to the respective addresses, nationalities, and past residence histories of the decedent and heir. If the heir is a foreign national living abroad, this is an issue requiring determination.
9. Estimated timeline
The overall guideline is 5–7 months.
| Process | Guideline |
|---|---|
| Collecting family registers and investigating assets in Japan | 1–2 months |
| Identifying gaps in the family register and obtaining Vietnamese certificates | Around 1 month |
| Notarization at a Vietnamese notary office | Several weeks |
| Preparing Japanese translations and international mailing | Several weeks |
| Submission to each financial institution and refund | 2 weeks–1 month per institution |
If the recipient requires consular authentication, add the time required for that procedure.
Our office’s services
Gyoseishoshi Arch Office has been involved in procedures including status-of-residence applications for more than 15 years, based in Osaka. We routinely handle documents concerning international marriages and nationality.
- Separating matters covered by the family register from matters requiring Vietnamese materials
- Confirming the Japanese recipient’s requirements and identifying what to request from the notary office
- Collecting family registers in Japan and preparing a kinship chart for the inheritance
- Preparing the estate division agreement
- Supporting account cancellation and refund procedures at financial institutions
- Coordinating with judicial scriveners when inheritance registration is required and tax accountants when an inheritance-tax return is required
Frequently asked questions
Q. Can a Vietnamese national inherit an estate in Japan? A. Yes. The Japanese Civil Code does not make the heir’s nationality a requirement.
Q. Can I obtain signature certification at the Embassy of Japan in Vietnam? A. Signature certification by an overseas diplomatic mission is for Japanese nationals. Vietnamese nationals have their signatures notarized at a notary office. The use of signature certification is the same; the counter is different.
Q. Is obtaining an Apostille enough? A. Vietnam is not a party to the Apostille Convention, so an Apostille is not issued. If authentication is required, consular authentication procedures apply.
Q. I heard that the family register (Sổ hộ khẩu) has been abolished. A. The paper family register has been abolished, and residence information is managed in the national population database. Current address is proved by a residence information confirmation or similar document.
Q. The heirs are split between Japan and Vietnam. A. The procedure can proceed even if the heirs live in different countries. Each participates in the same agreement using different documents.
Contact us
When consulting us, please prepare the decedent’s date of death, your nationality and relationship to the decedent, the circumstances of acquiring or renouncing nationality, whether your current name matches the family-register entry, and the types of assets in Japan. We can assist in Japanese or Chinese.
Related articles
- Inheritance procedures when a Japanese parent dies and the person still holding Japanese nationality lives in Vietnam
- When a Vietnamese parent living in Japan dies and the heir is in Vietnam
- Procedures when the heir is not a Japanese national
Please contact us before Japanese inheritance procedures stall
We confirm the heirs, assets, deadlines, and required documents, then organize the order of the Japanese-side procedures. Consultation is available in English and Chinese.
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