Can Electronic Wills Be Recognized Under Vietnamese Law?

Introduction

The rapid development of digital technology is transforming the methods by which traditional civil transactions are established and performed. Whereas an individual’s intent was previously expressed primarily through written documents or direct oral statements, electronic transactions, digital signatures, and online authentication have now become increasingly common in socio-economic life. In this context, a new legal issue arises: whether a will — a special form of unilateral civil transaction — may be created in electronic form and recognized under Vietnamese law.

This question is not merely technical in nature but also relates to the essence of testamentary freedom, the requirement to ensure the authenticity of a testator’s final intent, and legal certainty in inheritance relations. This article analyzes the provisions of the 2015 Civil Code, legislation on electronic transactions, and notarization law in order to assess the possibility of recognizing electronic wills in Vietnam both at present and in the future.

II. Concept and Legal Characteristics of Wills under Vietnamese Law

Pursuant to Article 624 of the 2015 Civil Code, a will is defined as the expression of an individual’s intent to transfer his or her property to another person after death. A will constitutes a unilateral civil transaction that only takes legal effect upon the death of the testator.

Regarding form, Article 627 of the 2015 Civil Code provides:

A will must be made in writing; if a written will cannot be made, an oral will may be created.

Accordingly, current Vietnamese law recognizes only two basic forms:

1. Written wills (with or without notarization or authentication);
2. Oral wills in exceptional circumstances.

Notably, the law does not expressly mention electronic wills, resulting in a legal gap when applying inheritance law in the digital environment.

Furthermore, Article 630 of the 2015 Civil Code stipulates the validity conditions of a will, including:

• The testator must be of sound mind and fully conscious;
• The will must not be made under deception, threat, or coercion;
• Its content and form must not violate the law.

These requirements demonstrate that Vietnamese law places particular emphasis on verifying the genuine intent of the testator — a factor that becomes a major obstacle for electronic forms of wills.

III. Legal Validity of Electronic Transactions and Electronic Signatures under Vietnamese Law

The Law on Electronic Transactions (amended in 2023, effective from July 1, 2024) affirms an important principle:

• A transaction shall not be denied legal validity solely because it is expressed in electronic form.

Under legal provisions on electronic signatures:

• An electronic signature has legal validity equivalent to a handwritten signature if it enables identification of the signer and demonstrates approval of the document’s content;
• A digital signature authenticated by a valid digital certificate has the same legal value as a signature on a paper document.

These provisions indicate that, in principle, Vietnamese law recognizes the expression of intent through electronic means in civil transactions.

However, the Law on Electronic Transactions also provides that the applicability of electronic transactions depends on specialized legislation governing specific types of transactions. In other words, where specialized laws require particular formalities, those requirements prevail.

IV. Legal Obstacles to the Recognition of Electronic Wills

1. Strict Formal Requirements for Wills

Unlike contracts, a will is typically examined only after the testator’s death. Therefore, the law imposes strict formal control mechanisms to:

• Prevent forgery;
• Avoid inheritance disputes;
• Ensure the authenticity of the testator’s final intent.

The Civil Code currently structures the law of wills around physical written documents or orally declared wills witnessed by others and has not yet recognized electronic data as a lawful form of will.

2. Limitations under Electronic Notarization and Authentication Law

An important legislative development in Vietnam is the introduction of electronic notarization beginning in 2025. However, its scope expressly excludes wills.

Under regulations on electronic notarization:

• Online notarization applies to many civil transactions,
• but does not apply to wills or unilateral civil transactions.

This demonstrates that lawmakers still regard wills as an area requiring direct supervision through traditional procedures.

3. Difficulties in Determining Capacity and Voluntary Intent

In an electronic environment, proving the following factors becomes highly complex:

• Whether the testator was mentally competent at the time of signing;
• Whether external influence or coercion occurred outside the recording frame;
• Whether the signer’s identity was falsified.

Even when digital signatures are used, technology confirms only technical identity rather than psychological condition — a core requirement for the validity of wills under Article 630 of the Civil Code.

V. Prospects for the Recognition of Electronic Wills in the Future

Although electronic wills are not currently recognized, legal developments suggest that future recognition is plausible based on three factors:

First, expansion of electronic transactions.
The new Law on Electronic Transactions broadens application across numerous civil and administrative fields, reflecting a comprehensive digital transformation of the legal system.

Second, development of electronic notarization.
The implementation of online notarization demonstrates that remote authentication mechanisms are being tested and refined. As biometric verification and real-time monitoring technologies advance, barriers to electronic wills may gradually diminish.

Third, practical social demand.
An increasing number of Vietnamese citizens living abroad, elderly individuals, and persons unable to physically access notarization offices create a practical need for remote will-making mechanisms.

VI. Evaluation and Recommendations for Legal Reform

To enable future recognition of electronic wills, Vietnamese law should:

1. Establish the legal concept of an “electronic will” within the Civil Code;
2. Introduce multi-layer authentication mechanisms (digital signature combined with biometrics and video recording);
3. Develop specialized electronic notarization procedures applicable specifically to wills;
4. Create a national will-registration and storage database to prevent alteration or destruction.

Legal reform must balance two objectives: promoting digital transformation while ensuring legal certainty in inheritance relations.

VII. Conclusion

Based on the analysis of current legal provisions, it can be concluded that electronic wills are not yet officially recognized as a lawful form of will under Vietnamese law. Although electronic transactions and digital signatures are widely accepted, specialized legislation governing inheritance and notarization continues to require traditional formalities to ensure absolute authenticity of testamentary intent.

Nevertheless, alongside judicial digitalization trends and the development of electronic notarization, the future recognition of electronic wills is entirely feasible. Achieving this will require coordinated reform of the Civil Code, the Law on Electronic Transactions, and notarization law to establish a mechanism that is both technologically modern and legally secure for post-mortem property disposition.

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Khuong Ngoc Lan