An individual has the right to leave their property to others, the right to receive an inheritance, and therefore also the right to renounce an inheritance. However, an heir may not renounce an inheritance if doing so is intended to avoid a financial obligation, such as an obligation to repay a debt, pay damages, pay taxes, or provide support. A renunciation of inheritance may only be made within six (6) months from the date the inheritance opens (that is, from the date the decedent dies, in the case of statutory succession, or from the date the will is opened, in the case of testamentary succession). In addition, the time limit for an heir to request a division of the estate is 30 years for real estate and 10 years for movable property.
Under Article 620 of the 2015 Civil Code, a renunciation of inheritance must be made in writing and sent to the estate administrator, the other heirs, and the person responsible for dividing the estate, so that they are aware of it. One benefit of this provision is that the former requirement to have the renunciation document notarized has been removed. That said, for overseas Vietnamese, the process of renouncing an inheritance still requires having your signature certified on the Renunciation of Inheritance document.
A person requesting certification of a Renunciation of Inheritance document must prepare a file containing the following documents:
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The declaration of acceptance or renunciation of the inheritance.
This document is prepared using the template provided by a notary office in Vietnam; however, if notarized in Canada, it must be accompanied by an English or French version.
The most common mistake we see clients make is arriving to meet the Notary Public with the document already signed. This renders the signature on the document invalid for certification purposes, since it was not witnessed by the Notary Public, giving them reasonable grounds to doubt that the signature is genuinely yours. The best approach is to have your information filled in on the acceptance/renunciation document in advance, and then sign it in the presence of the Notary Public — either at the notary's office or by video.
Please note: Only a Notary (Notary Public) has an official seal in Canada. A Commissioner of Oaths or a person who administers affidavits is not a Notary — they do not have a seal and are not authorized to certify true copies of original documents.
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Documents proving your right to the inheritance:
- A will certified by a State Notary Office in Vietnam (if any), or a document listing the persons entitled to the inheritance that includes your name (this document must be certified by the competent Vietnamese authority) (if applicable); or a Court Decision confirming that you are entitled to the inheritance (if applicable);
- Documents proving the decedent's lawful ownership of the property (for example, a Certificate of Land Use Rights or Home Ownership issued in the decedent's name. If the real estate document was issued before 1975, it must be accompanied by a confirmation from the district-level Land and Housing Office, or the Urban Management Office, confirming that the property is not currently under State management); and
- The decedent's death certificate or an extract of the death certificate (a copy certified by the competent Vietnamese authority); and
- Documents proving your relationship with the decedent, if inheriting under statutory succession (such as a birth certificate or marriage certificate) (this document is not required if inheriting under a will).
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A colour scan of your Canadian passport (pages 2-3, showing your photo and signature) if you hold Canadian citizenship, or your permanent resident card, or driver's licence. The scanned file must be true to size, saved in PDF format; photographs saved as JPG, JPEG, HEIC, or PNG files will NOT be accepted.
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A colour scan of your Vietnamese passport (pages 2-3, showing your photo and signature), or a valid Citizen Identification Card, if you still hold Vietnamese citizenship. If the name on your Vietnamese birth certificate differs from the name on your current identification, you will need a supporting document (a Canadian or Vietnamese certificate confirming your name change, or a note in your passport regarding a change of name/surname). The scanned file must be true to size, saved in PDF format; photographs saved as JPG, JPEG, HEIC, or PNG files will NOT be accepted.
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A colour scan of the household registration book for the decedent's last place of residence (if available).
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A colour scan of the National ID Card of the person authorized in Vietnam. The scanned file must be true to size, saved in PDF format; photographs saved as JPG, JPEG, HEIC, or PNG files will NOT be accepted.
Certifying the Signature of the Person Accepting or Renouncing the Inheritance
The Notary Public will witness the signing of your document either in person at the office or by video.
You must sign the exact number of documents required by the Notary Public. Once signed, you will need to mail all of the original documents to:
GIANG LE Licensed Paralegal and Notary Public 364 Ravenswood Way, Orleans, Ontario K4A 0R8
Giang Le Notary Office can prepare your file, certify your signature, and handle all related procedures with the Vietnamese Embassy on your behalf. With our full-service package, you save not only on travel costs but also on waiting time and the effort of preparing documents. Once completed, your file will be delivered directly to your home (within Canada or to Vietnam) by courier. Please specify your preferred delivery method (regular mail, expedited, or signature-required registered mail). For full details on our package pricing, please contact Giang Le Notary Office by phone at 613 608 4046 or email services@eznotary.ca.
