禁漫天堂

Does anybody have the inheritance laws of Vietnam?
My mom (Vietnam born, immigrated to Canada) is dealing with a family property issue where both her parents died without a will. Whenever we stay in Vietnam, we stay at this property since it's the "family home". From my understanding, the property should be split amongst the remaining children, but one of my aunts is trying to usurp the whole property without the other 7 siblings' permission/agreement. She somehow was able to obtain this "red certificate" for the property.

In this case, what can I do for my mom? She's really stressed over this and I want to see what the options are. Any suggestions and advice would be appreciated.

Thanks.
-@2mellow

What is the property worth? Unless its worth a bucket load its most probably not worth the heartache trying to fight it whilst not residing in Viet Nam.

Does anybody have the inheritance laws of Vietnam?
My mom (Vietnam born, immigrated to Canada) is dealing with a family property issue where both her parents died without a will. Whenever we stay in Vietnam, we stay at this property since it's the "family home". From my understanding, the property should be split amongst the remaining children, but one of my aunts is trying to usurp the whole property without the other 7 siblings' permission/agreement. She somehow was able to obtain this "red certificate" for the property.

In this case, what can I do for my mom? She's really stressed over this and I want to see what the options are. Any suggestions and advice would be appreciated.

Thanks.
-@2mellow
What is the property worth? Unless its worth a bucket load its most probably not worth the heartache trying to fight it whilst not residing in Viet Nam.
-@colinoscapee

Especially split eight ways. The only thing I can see is whether the mom and dad had a red book before in their name and the aunt somehow cajoled them into signing the book over to her.聽 More important would be WHEN it was signed over.聽 If it was done after the death it would help.聽 聽Then the siblings might have to talk to the government to see how it was transferred to one sibling only. But, with a red book in her name is going to be tough to battle.

Does anybody have the inheritance laws of Vietnam?
My mom (Vietnam born, immigrated to Canada) is dealing with a family property issue where both her parents died without a will. Whenever we stay in Vietnam, we stay at this property since it's the "family home". From my understanding, the property should be split amongst the remaining children, but one of my aunts is trying to usurp the whole property without the other 7 siblings' permission/agreement. She somehow was able to obtain this "red certificate" for the property.

In this case, what can I do for my mom? She's really stressed over this and I want to see what the options are. Any suggestions and advice would be appreciated.

Thanks.
-@2mellow
What is the property worth? Unless its worth a bucket load its most probably not worth the heartache trying to fight it whilst not residing in Viet Nam.
-@colinoscapee
Especially split eight ways. The only thing I can see is whether the mom and dad had a red book before in their name and the aunt somehow cajoled them into signing the book over to her. Then the siblings might have to talk to the government to see how it was transferred to one sibling only. But, with a red book in her name is going to be tough to battle. They have no grounds to stand on as it doesn't sound like there is anything else as far as we know now.
-@SteinNebraska

Exactly my point!

Your point about when the name was put on the red book is very important. If done after the death then it can be contested. If done before the death then nothing can be done.

@2mellow I can say there are a lot of Vietnamese people who are still based on ancient practices, where the older male brother takes it all (or who is self-proclaimed "administrator"). Even new civil codes try to bring the country up to new universal rights, the old practices remain legally such as those ancestral rights of ethnic groups in any other country.

You should also know in Vietnam the land doesn't belong as a property of the people, they practically pay a rent to the State instead of a tax of property. For that reason anybody has the right to ask for transfering any abandoned land to its name if the current occupant is not using it as it was accorded (for agriculture, for living, for industry, etc)

It's a little complicated to get it, but in the practice is like it is. The comments done by the others here to you are very realistic: "how worth is what you are claiming for?"

You can find the Vietnamese Civil Law (year 2015) at , you can easily translate it with Google Chrome. Read from Article 609 and beyond, you will find interesting the 618 (right of the administrator), 644 (when one wasn't included into the will) and 650 (what if there is not a will)

Does anybody have the inheritance laws of Vietnam?
My mom (Vietnam born, immigrated to Canada) is dealing with a family property issue where both her parents died without a will...-@2mellow

1. What is your mom's status in the eyes of the government of Vietnam?

Is she considered a Vietnamese citizen with a Vietnam passport?

Or is she perhaps considered to be Vi峄噒 Ki峄乽 (landed immigrant? naturalized citizen?) and does that diminish her rights re: inheritance law?

I'm definitely not an expert in that law, but that's the first thought that comes to mind: was your aunt able to convince the authorities that there is no other Vietnamese citizen heir of record?

2. Please don't be offended by this other thought, but I was just imagining a Vietnamese family here reading your post.

Because they believe that everyone who has gone to North America is now rich, they probably have little sympathy for your mother, and are much more likely to feel that the Vietnamese citizen living in Vi峄噒 Nam has a superior claim.

No, I don't know this for a fact at all, but it would make sense to me if your aunt was able to gain a significant sympathetic ear when applying for the red card.

3. is it possible that your aunt is doing The prudent thing for the family; gaining control of the property and protecting it as a resident of the country, instead of having your mother attempt to be an absentee landlord in a foreign country?

Sincere good luck to your family in successfully resolving this.

@colinoscapee Approximately ~30 billion VND from my understanding. Or more? Central location, close to Ben Thanh Market and Pham Ngu Lao....

@SteinNebraska It was never signed over at all after my grandparents' deaths..... So I was wondering how she was able to get her name in this red book in the first place. Most of the family members assumed that when an investor (or the government) decides to buy this property, it would've been split evenly among the remaining living family members - direct lineage.聽 You know, the fair thing to do without a fight. However, little did we know, that my greedy aunt took it upon herself to keep it for herself and her husband!!! I believe that the market in Ho Chi Minh is getting hot so this is why it's becoming an issue... Especially when the property is in the heart of Ho Chi Minh City (Ben Thanh Market area).....

In my opinion, since she got the red book after the deaths of my grandparents, this can be contested. Where do I start? Are there any reputable lawyers that I can consult with? Where do we go if we want to raise this issue with the government?

@ajairon Can the older male brother take it all? If this is the case, I would rather let him take it and hope that he is more sensible... But I could be wrong too, and that may be another fight down the road. Thank you for the Vietnamese Civil Law. I'll take a look with the Google translator, or even just give it to my mom to read.

@OceanBeach92107

1. Good question. From my understanding, my mom is not a dual citizen because she was shocked that I told her about dual citizenship was permitted the other day. She is most likely Viet Kieu.
2. I agree. Everyone in Vietnam thinks my mom is living very well off in Canada -- which is far from the truth. My mom worked 2 jobs, 16 hours a day, to get where she is today. The best thing about Canada was the healthcare. It is better for her now that we are all adult children and independent . When my aunt was applying for the red card, there are still 4 siblings in Ho Chi Minh while 3 (my mom included) are Viet Kieu. My mother doesn't want the property, really. She only wanted a place to stay when she visits Vietnam (possibly retiring 6 months at a time there) and comfortably knowing it was the "family home". Now if she does visit, she feels she'll be a burden to stay at a sibling's family house. Plus, she wanted to help her youngest sibling who is the only one struggling to live in Vietnam. The amount of money she gets, she'll most likely give to him.
3. I want to believe that she is protecting the property as a resident of the country, but again, there are 4 other living siblings in Ho Chi Minh. Well and alive.聽

Thank you everyone for replying!

@colinoscapee Approximately ~30 billion VND from my understanding. Or more? Central location, close to Ben Thanh Market and Pham Ngu Lao....
-@2mellow

Thats worth fighting for. Anything around that area is very expensive.

My mother doesn't want the property, really. She only wanted a place to stay when she visits Vietnam (possibly retiring 6 months at a time there) and comfortably knowing it was the "family home".
-@2mellow

Here is a strategy very roughly.聽 Your mother suggests that the family sell the property and split the proceeds evenly.聽 This would possibly yield enough to pay rent on a furnished D.1 apartment for the rest of her life.聽 There may not be any sentimental attachment but it is practical and gives all the siblings an equal amount.

My mother doesn't want the property, really. She only wanted a place to stay when she visits Vietnam (possibly retiring 6 months at a time there) and comfortably knowing it was the "family home".
-@2mellow
Here is a strategy very roughly. Your mother suggests that the family sell the property and split the proceeds evenly. This would possibly yield enough to pay rent on a furnished D.1 apartment for the rest of her life. There may not be any sentimental attachment but it is practical and gives all the siblings an equal amount.
-@THIGV

That seems logical but when greed takes hold all logic is thrown out the window.

On the other hand it is completely unreasonable for the OP's mom to expect that the family hold this one valuable plot so that she has a place to visit or stay for six months per year while the other siblings might really need their share to buy their own property to live in while still working.聽 And yes, there could be some resentment when half of the siblings are VK and "comfortable" while half are still in VN and likely at a much lower economic level.

Sounds like you may need some legal advice.聽 Usually your first contact with a lawyer doesn't require a fee.聽 It's just an opportunity for you to state your case, but you'll likely get some useful information even if you decide not to go forward.聽 The Canadian consulate in Saigon doesn't list lawyers on their website, but you could call them.

The US consulate does have a rather lengthy list that goes into detail about each practice.

Has your mom spoken with other family members at length about the situation?聽 What your aunt did probably was not legal, so she must have had聽 some help from the authorities.聽 A little pressure in the right places might undo this situation.

@williamherron13 Thank you for your response. My family did contact a lawyer but this lawyer demanded 1 billion VND for retainment and then 20% commission with no guarantee of winning. Which is very absurd in my opinion. According to my uncle, this is the best lawyer in HCMC and if he doesn't do it, then nobody would.聽 Why is it so hard to find trustworthy services in Ho Chi Minh City ? I will start with the Canadian Consulate then.

@2mellow as long as your mom can provide evidence that the statute of limitation has not expired (2 years from her becoming aware of your aunt's deceitful act) and she is a legitimate heir, she could stand a chance of getting her lawful share in the property.