When living, working, or investing in Vietnam, many foreigners may need to establish a will to ensure their assets are distributed according to their wishes. Vietnamese law allows foreigners to make a will, but the process must comply with the country’s legal framework, particularly the Civil Code and relevant regulations on inheritance. Understanding the requirements, formalities, and potential limitations of making a will in Vietnam is essential for foreigners to secure their estate and avoid legal disputes. This article provides an overview of the legal provisions and key considerations for foreigners drafting a will in Vietnam.
1. What is the will?
According to Article 663, Clause 2 of the Civil Code 2015, a civil relationship is considered to have foreign elements if it meets certain conditions. This includes situations where at least one party involved is a foreign individual or legal entity. Even if all parties are Vietnamese citizens or legal entities, the relationship may still be considered to have foreign elements if its establishment, modification, execution, or termination takes place abroad. Additionally, a civil relationship falls into this category if all parties are Vietnamese, but the subject of the relationship is located outside Vietnam.
Similarly, under Article 624 of the Civil Code 2015, a will is understood as an individual’s expression of intent to transfer their property to others after death. A will is considered to have foreign elements if the testator or the heir is a foreigner or a Vietnamese citizen residing abroad. It also applies if the inherited property is located outside Vietnam or if the will itself is made in a foreign country.
2. Legal Validity of Wills for Foreigners in Vietnam
| Conditions | Details |
|---|---|
| Eligibility to Create a Will | As per Article 681, Clause 1 of the 2015 Civil Code, the legal capacity to make, amend, or revoke a will is governed by the laws of the testator’s nationality at the relevant time. |
| Recognition of Foreign Wills | Under Article 681, Clause 2 of the same code, the legal form of a will is determined by the legislation of the country where it was created. However, Vietnam will acknowledge the will’s validity if it adheres to at least one of the applicable legal frameworks. |
| Legal form of Will | As per Article 627 of the 2015 Civil Code, a will must be documented in writing. However, if writing is not possible, an oral will can still be considered legally valid. The testator must verbally express their final wishes in the presence of at least two witnesses, who must document, sign, or fingerprint the will. The oral will must be notarized or authenticated by a competent authority within five working days from its creation to be legally recognized. |
3. Matters related to making a will in Vietnam for foreigners
- Can foreigners making a will in Vietnam?
According to Article 625 of the 2015 Civil Code, a testator must be an adult, mentally competent, and fully conscious when drafting a will. They must not be misled, threatened, or forced. Additionally, Article 681 of the same Code states that the validity of a will’s form is governed by the laws of the country where it is created. As a result, there are no legal restrictions preventing foreigners from making wills in Vietnam. However, for a will to be recognized as valid in Vietnam, its form must comply with Vietnamese law, and the testator’s legal capacity must be in accordance with the laws of their nationality.
- Does a will with foreign elements need to be notarized?
A will with foreign elements does not need to be notarized to be valid, but notarization can help ensure legal validity and reduce the risk of disputes. Notaries in Vietnam only accept wills written in Vietnamese.
- Do foreigners making wills in Vietnam need to comply with the laws of their home country
The capacity to make a will of a foreigner is determined by the law of the country where they hold citizenship at the time of making the will. However, the form and content of the will in Vietnam will be recognized if it complies with Vietnamese law unless otherwise provided in relevant international treaties.
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