WILLS INVOLVING FOREIGN ELEMENTS: 7 CRUCIAL LEGAL CONSIDERATIONS

1. What is a Will Involving Foreign Elements?

A will involving foreign elements refers to a will that includes one or more aspects related to foreign factors, such as:

The testator or the beneficiary is a foreigner or a Vietnamese national residing overseas;
The will is created outside of Vietnam;
The estate includes assets located abroad;
Foreign laws are applied in the drafting or execution of the will.

2. Is a Will Made Abroad Valid in Vietnam?

Yes. According to Article 638 of the Civil Code 2015, a will made by a Vietnamese citizen abroad and certified by a Vietnamese consulate or diplomatic mission shall be considered equivalent to a notarized will made in Vietnam.

Additionally, for a will to be legally valid, it must meet the conditions set out in Article 630 of the Civil Code, including:

The testator is mentally sound and voluntarily makes the will;
The will’s content does not violate the law or social ethics;
The form of the will complies with legal requirements.

3. Can a Will Written in a Foreign Language Be Notarized in Vietnam?

Under current regulations:

The law does not prohibit wills written in foreign languages. However, if notarization is required, the will must be in Vietnamese (Article 6 of the Law on Notarization 2014).
For wills written in a foreign language:
Without notarization: Acceptable, though it is recommended to translate into Vietnamese to avoid disputes.
With notarization: Must be translated into Vietnamese and the translation must be notarized.
When a will written in a foreign language is disclosed, it must be translated into Vietnamese and be either notarized or certified, according to Article 672 of the Civil Code 2015.

4. Can a Will Leave Assets to Foreign Beneficiaries?

Yes. According to Article 626 of the Civil Code 2015, the testator has the right to designate any individual as an heir — regardless of nationality or residency status. Therefore, a foreigner may legally inherit assets under a will in Vietnam.

5. Can Foreigners Make a Will in Vietnam?

Yes. There is no legal restriction preventing foreigners from making a will in Vietnam.

However, for the will to be legally effective in Vietnam, the following conditions must be met:

The form of the will must comply with Vietnamese law;
The testator must have full civil capacity according to the laws of their home country (Article 681 of the Civil Code 2015).

6. Required Documents for Notarizing a Will Involving Foreign Elements

When notarizing a will involving foreign elements at a notary office in Vietnam, the following documents should be prepared:

Notarization request form;
Documents proving asset ownership;
Draft of the will (if available);
Personal identification documents (passport, proof of Vietnamese origin, entry permits, etc.);
For foreigners: documents proving legal capacity, health certificates, entry permits, and interpreter’s ID (if applicable);
Other related documents (if required).

7. Important Considerations Regarding Three Common Asset Types

7.1 Residential Property

Foreigners are not allowed to be listed as owners of residential property in Vietnam unless they meet the ownership criteria under Article 159 of the Law on Housing 2014.
Overseas Vietnamese may own residential property if they are permitted to enter Vietnam.
If ownership is not permitted, beneficiaries may still receive the monetary value of the property.
Foreign individuals may only own residential property for a maximum of 50 years, with a possibility of extension.
7.2 Land Use Rights

Overseas Vietnamese may inherit land use rights only if they are eligible to own residential property in Vietnam.
Foreigners cannot be granted land use certificates but may transfer, donate, or authorize others to handle the inherited land.
Additional options for these individuals include:

Being listed as sellers in sale contracts;
Being donors in donation agreements;
Authorizing others to manage or temporarily use the land and fulfill obligations.
7.3 Cash

According to Circular 15/2011/TT-NHNN, individuals taking cash abroad as inherited assets must declare to Customs if exceeding:

USD 5,000 or equivalent in other currencies;
15 million VND.
Travelers do not need to declare if carrying traveler’s checks, bank cards, savings books, securities, or other financial instruments.

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