The Right to Control Digital Assets as Inherited Estates at the Time of Opening Succession: Theoretical Foundations, International Experience and Recommendations for Improving Vietnamese Law

The rapid expansion of digital technologies has generated a new category of property known as digital assets, including social media accounts, cryptocurrencies, digital wallets, and various forms of online data with economic or sentimental value. The inheritance of such assets has become an increasingly significant legal issue in many jurisdictions. However, in Vietnam, the legal framework governing digital inheritance remains underdeveloped, particularly regarding the identification of digital assets and the mechanisms through which heirs may obtain control over them. This article examines the theoretical foundations of digital assets and the concept of the right to control digital estates at the time of opening succession. Through an analysis of classical property theories and contemporary legal approaches to digital assets, the article clarifies the legal nature of digital estates within inheritance law. The study also explores comparative legal experiences from several jurisdictions, including the United States, Germany, and France, which have developed various regulatory models addressing access to digital assets after death. Based on these comparative insights, the article evaluates the current Vietnamese legal framework and identifies significant legal gaps in the regulation of digital inheritance. Finally, the article proposes several recommendations aimed at improving Vietnamese law in order to ensure effective inheritance of digital assets while simultaneously safeguarding personal data and privacy rights in the digital environment. By addressing these challenges, the study contributes to the development of a more comprehensive legal framework for digital inheritance in Vietnam in the context of the rapidly evolving digital economy.