Inheritance of a Vietnamese National in Japan When the Heirs Also Live in Japan

A Vietnamese national who worked in Japan, brought their family over, and lived here dies, while the spouse and children also live in Japan. There are bank deposits and a home in Japan—this is an inheritance matter that has begun to occur as the number of residents in Japan increases.

The first thing to confirm is who the heirs are. Vietnamese law differs from the Japanese Civil Code in the scope of heirs.

Key Points of This Article

• When the decedent was a Vietnamese national, Vietnamese law is the governing law. Article 680, paragraph 1 of the Vietnamese Civil Code provides that inheritance is governed by the law of the country whose nationality the decedent held immediately before death.
• Under Vietnamese law, first-rank heirs include the spouse, biological parents, adoptive parents, biological children, and adopted children. Parents are in the same rank as children.
• Shares of heirs in the same rank are equal.
• If an heir is registered as a resident in Japan, they can obtain both a seal registration certificate and a residence certificate.
• When real property in Japan is included, confirmation with the competent Legal Affairs Bureau is required.

1. Vietnamese Law Is the Governing Law

Article 36 of the Act on General Rules for Application of Laws of Japan provides that inheritance is governed by the decedent’s national law. If the decedent was Vietnamese, Vietnamese law must be examined.

Article 680, paragraph 1 of the Vietnamese Civil Code provides that inheritance is determined under the laws of the country whose nationality the decedent held immediately before death. No renvoi to Japanese law occurs.

Article 680, paragraph 2 of the Vietnamese Civil Code provides that the exercise of inheritance rights concerning real property is determined under the laws of the country where the real property is located. When real property in Japan is included, proceed after confirming with the competent Legal Affairs Bureau.

2. The Scope of Heirs Differs from the Japanese Civil Code

Article 651 of the Vietnamese Civil Code establishes statutory heirs in the following ranks.

Shares of heirs in the same rank are equal.

The greatest difference from the Japanese Civil Code is that parents are in the first rank. In Japan, if there are children, the parents do not become heirs. Under Vietnamese law, the spouse, children, and parents become heirs at the same time.

For families living in Japan, the decedent’s parents are often in Vietnam. If only the spouse and children in Japan prepare an agreement, someone who should participate will be omitted. An estate division agreement is invalid if even one heir is missing.

It is also necessary to confirm that adoptive parents and adopted children are in the same rank as biological parents and biological children.

Laws may be amended, so the provisions in force at the relevant time must be confirmed for actual application.

3. Significance of Heirs Living in Japan

People who hold a residence card and are registered as residents with a municipality in Japan can register a seal.

For the heirs, the matter can proceed in the same form as an inheritance by Japanese nationals:

• Affix a registered seal to the estate division agreement and attach a seal registration certificate
• Use a residence certificate as proof of address

Notarization is not required.

4. Determining the Decedent’s Heirs

The decedent has no Japanese family register. Vietnamese certificates and Japanese materials are combined.

Materials Obtained in Vietnam

• Birth certificate (Giấy khai sinh)
• Marriage certificate (Giấy chứng nhận kết hôn)
• Death certificate (Giấy chứng tử)
• Certificate confirming residential information

The paper family register (Sổ hộ khẩu) has been abolished, and residential information is managed in the national population database.

Because it is necessary to confirm whether the parents are alive, the range of documents to collect is broader than for an inheritance in Japan.

Materials Obtainable in Japan

• Residence certificate removal record: Foreign nationals are also recorded in the Basic Resident Register, which states household composition, status of residence, and nationality
• Alien registration record: A record from the alien registration system operated through July 2012, now kept by the Immigration Services Agency
• Certificate of matters stated in the death notification submitted in Japan

The Statutory Inheritance Information Diagram Cannot Be Used

The Legal Affairs Bureau’s statutory inheritance information certification system is a system for proving inheritance relationships through Japanese family registers. It cannot be used when the decedent is a foreign national without a Japanese family register. If there are five financial institutions, the complete set of supporting materials must be submitted to all five.

5. When Some Heirs Are in Vietnam

It is normal for heirs’ places of residence to be split, such as when the parents are in Vietnam.

For proof of address when an heir in Vietnam inherits real property in Japan and becomes the registered owner, Notification Min-ni No. 1596 of the Ministry of Justice dated December 15, 2023 (Reiwa 5) (applicable to applications filed on or after April 1, 2024 (Reiwa 6)) establishes the procedure. Attach either a document proving the address prepared by the government of the home country or country of residence, or a notarized affidavit and a copy of the passport.

Vietnam is not a party to the Apostille Convention, so consular legalization is required when authentication becomes necessary.

The procedure cannot be completed until everyone’s documents are ready.

6. Japanese Inheritance Tax

Property located in Japan is subject to Japanese inheritance tax regardless of the nationality of the decedent or heirs. The basic exemption is 30 million yen + 6 million yen × the number of statutory heirs.

When Vietnamese law applies, how to count the “number of statutory heirs” may become an issue. The number may change because parents are included among the heirs. A tax accountant’s determination is necessary for filing.

7. Estimated Timeframe

The overall guideline is six months to one year. If the parents are in Vietnam, exchanging the relevant documents adds time.

Services of Our Office

Gyoseishoshi Arch Office has been based in Osaka and involved in procedures for foreign residents in Japan, including applications for statuses of residence, for more than 15 years. Through practical work involving statuses of residence such as technical intern training and specified skilled worker, we handle materials from arrival in Japan through residence status.

• Confirmation with the competent Legal Affairs Bureau and preparation of materials showing the content of Vietnamese law
• Investigation of Japanese materials such as residence certificate removal records and alien registration records
• Identification of the certificates that must be obtained in Vietnam
• Confirmation of the scope of heirs and preparation of an inheritance relationship diagram
• Preparation of the estate division agreement
• Preparation of the complete set of supporting materials required by each financial institution and support for cancellation and payment procedures
• Coordination 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. Are parents in Vietnam also heirs? A. The Vietnamese Civil Code includes biological parents and adoptive parents in the first rank. They become heirs at the same time as the spouse and children.

Q. Does Vietnamese law apply even if the entire family lives in Japan? A. Because Article 680, paragraph 1 of the Vietnamese Civil Code provides that inheritance is governed by the law of the decedent’s country of nationality, no renvoi to Japanese law occurs.

Q. Can I register a seal if I have a residence card? A. You can register a seal if you are registered as a resident with a municipality in Japan.

Q. Which country’s law governs real property in Japan? A. Proceed after confirming with the competent Legal Affairs Bureau.

Q. I heard that the family register (Sổ hộ khẩu) has been abolished. A. The paper family register has been abolished, and residential information is managed in the national population database.

Inquiries

For a consultation, please prepare the decedent’s nationality, date of death, time of arrival in Japan and residence status; the number, relationships, and places of residence of the heirs (including whether the parents are alive); and the types of property in Japan. We can respond in Japanese or Chinese.

Related Articles

• When the parent of a Vietnamese national in Japan dies and the heir is in Vietnam
• Determining heirs when the decedent is a foreign national without a Japanese family register
• Whether the statutory inheritance information diagram can also be used for people living overseas
• Procedures for inheriting a Japanese bank account