As the number of Vietnamese citizens living, working, and settling abroad continues to rise, the practice of making wills overseas to dispose of assets located in Vietnam has become increasingly common. This raises an important legal question: Will a will made abroad in accordance with the law of the country where it was executed be recognized in Vietnam when the testator owns property within Vietnamese territory?

This issue directly concerns the application of Vietnamese civil law to legal relations involving foreign elements—especially the rules governing the form, content, and validity of wills, as well as the legal effect of documents executed abroad.

This article analyzes the relevant provisions of the 2015 Civil Code, the 2024 Law on Notarization, and Vietnam’s private international law framework to address this question.

I. RESEARCH CONTENT

1. Definitions and Legal Bases

A will executed abroad constitutes a civil relation involving foreign elements and is governed by:

• The 2015 Civil Code, Articles 663–673 on the application of laws to civil relations involving foreign elements;
• Articles 630–638 of the Civil Code on the conditions, content, form, and validity of wills;
• The 2024 Law on Notarization (Article 73) regarding notarization of documents executed overseas and consular legalization.

Therefore, for a will executed abroad to be recognized in Vietnam, both the formal validity and substantive validity requirements under the Civil Code must be examined.

2. The Form of a Will Executed Abroad

Form is the most critical issue for wills made overseas.

2.1. Key provision: Article 681 of the 2015 Civil Code

Article 681. Form of wills

• “The form of a will shall be determined in accordance with the law of the place where the will is made.”
• “A will shall also be recognized as valid in form if it complies with the law of the country where the testator resided at the time of making the will or at the time of his/her death.”

Thus, a will executed overseas in accordance with the law of that country is recognized in Vietnam with respect to its form.

This means that:

• The will may be written in a foreign language;
• It may be notarized or certified by the competent authority of the foreign country;
• It may follow the format and procedure prescribed by that country;
• → It is not considered invalid merely because its form differs from Vietnamese requirements.

2.2. However, consular legalization is still required

Under Article 73 of the 2024 Law on Notarization:

“Notarized documents issued by foreign agencies or organizations may be certified by Vietnamese notaries after they have been duly consularly legalized…”

Thus, a will executed overseas must:

1. Be consularly legalized (unless Vietnam and that country have a treaty exempting legalization);
2. Be translated into Vietnamese and the translation must be duly certified.

3. Substantive Content and Conditions for Validity

Even if the will satisfies the formal requirements under foreign law, its substantive validity must comply with Vietnamese law when it relates to assets in Vietnam.

3.1. Article 680 of the 2015 Civil Code – Applicable law

Article 680. Inheritance

• “Inheritance involving immovable property shall be governed by the law of the country in which the immovable property is located.”
• “Inheritance involving movable property shall be governed by the law of the country where the deceased last resided.”

Therefore:

• If the estate includes real estate (land, houses) in Vietnam, Vietnamese law must apply to the substantive validity of the will.
• If the estate consists of movable property, the law of the testator’s last residence may apply.

3.2. Substantive validity requirements under Article 630 of the 2015 Civil Code

A will is valid only if:

• The testator is of sound mind, acting voluntarily, without fraud, coercion, or duress;
• The content does not violate prohibitions of law or contravene social morality;
• Its form does not contravene statutory requirements.

Thus, even if made abroad, a will may be deemed invalid in Vietnam if:

• It unlawfully excludes persons entitled to compulsory shares under Article 644 of the Civil Code;
• It violates Vietnamese public policy or moral standards;
• It purports to dispose of property the testator does not own.

4. Practical Application in Vietnam

In practice, Vietnamese courts and notarial authorities typically require:

1. The original will executed abroad;
2. Certification or notarization by the competent authority of the foreign country;
3. Consular legalization under Article 73 of the 2024 Notarization Law;
4. A certified Vietnamese translation under Article 20 of Decree 23/2015/NĐ-CP;
5. Documents proving ownership of the property located in Vietnam;
6. Documents evidencing the heirs’ legal relationship under Vietnamese law.

→ Once these requirements are satisfied, a will executed abroad generally has full legal effect in Vietnam.

III. CONCLUSION

Based on the above legal analysis, the following conclusions may be drawn:

1. A will made overseas by a Vietnamese national in accordance with the law of the place of execution is recognized in Vietnam.

This follows Article 681 of the 2015 Civil Code on the recognition of the form of wills executed abroad.

2. The will must be consularly legalized and translated into Vietnamese.

Under Article 73 of the 2024 Law on Notarization, foreign notarized documents must be legalized before use in Vietnam.

3. The substantive validity of a will concerning real estate located in Vietnam is governed exclusively by Vietnamese law.

Pursuant to Article 680 of the 2015 Civil Code, inheritance involving real estate in Vietnam cannot apply foreign law.

4. A will executed abroad is valid in Vietnam only if it does not violate the substantive validity conditions set out in Articles 630–633 of the 2015 Civil Code.

📞 CONTACT LEGAL CONSULTANT:

TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.

1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association

Email: vtpthanh@tlalaw.vn

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Email: tmle@tlalaw.vn

Khuong Ngoc Lan