#32 Will and Inheritance: 03 Important notes when making a will with foreign elements in Vietnam

Hello and welcome back to The Lawyers Talk, the podcast channel of BLawyers Vietnam. My name is Huynh Kim Thanh, and I am very pleased to accompany you in today’s episode.

Our topic today is: 03 important notes when making a will with foreign elements in Vietnam. As more and more foreigners live, invest, and own assets in Vietnam, the need to make a will to protect family members has become increasingly common. However, a will involving foreign elements is not a simple matter and requires careful legal consideration. Therefore, today we would like to share several important notes with you as follows:

1. First note: Determining the applicable law

First of all, it is important to understand that Vietnamese law does not currently provide a specific definition for a “will with foreign elements”. However, in practice, we categorize this as a civil transaction involving foreign elements. Under Article 664 of the Civil Code 2015, the applicable law is determined based on the following principles:

1. Priority shall be given to international treaties to which Vietnam is a member, or Vietnamese law;
2. If international treaties or Vietnamese law allow the parties to choose the applicable law, the law governing the civil relationship with foreign elements shall be determined according to such choice;
3. If the applicable law cannot be determined under the above principles, the law of the country having the closest connection to the relationship shall apply.

Therefore, determining the applicable law must be carefully analyzed in order to avoid potential legal risks in the future. When focusing specifically on wills, Vietnamese law distinguishes between two separate aspects:

1. Firstly, the capacity to make, amend, or revoke a will
   • This is determined according to the law of the country of which the testator holds nationality at the time of making, amending, or revoking the will.
2. Secondly, the form of a will
   • This is determined according to the law of the country where the will is made. In addition, the form of the will shall still be recognized in Vietnam if it complies with the law of one of the following countries:
     • The country where the testator resides at the time of making the will or at the time of death;
     • The country of which the testator holds nationality at the time of making the will or at the time of death;
     • The country where the immovable property is located, if the estate includes immovable assets.

Based on BLawyers Vietnam’s practical experience in assisting clients:

1. Foreign individuals are fully permitted to make a will in Vietnam. However, the contents of the will should generally be drafted in a simple manner, for example: “I leave asset A to person B”. The reason is that overly complex provisions may create significant difficulties during the inheritance declaration and implementation stage, especially when multiple legal systems must be reviewed and reconciled.
2. Under Vietnamese law, a will may be made in writing in several forms, including: a written will without witnesses, a written will with witnesses, a notarized written will, or a written will that is certified. Based on our practical experience, BLawyers Vietnam typically recommends clients to prepare a notarized written will, as this form offers greater clarity and legal certainty, while also ensuring a smoother and more convenient process for heirs when carrying out inheritance declaration and succession procedures in the future.
3. Furthermore, a will cannot be made by authorization. The testator must personally appear at the notarial practice organization. In such cases, BLawyers Vietnam typically assists as an interpreter, prepares documentation, and works directly with the notary to ensure that the process proceeds smoothly.

2. Second note: inheritance declaration after the testator’s death

During our practice, we frequently receive the question: “After making a will, are the heirs guaranteed to receive the inheritance?”.

To answer this, we must return to the rules on applicable law in inheritance matters. Under Article 680 of the Civil Code 2015:

1. Inheritance is determined according to the law of the country of which the deceased held nationality immediately before death;
2. For immovable property, the exercise of inheritance rights is determined according to the law of the country where the property is located.

Therefore, except in cases where the inherited assets are immovable property, which will be subject to the law of the country where the property is located, other types of assets will generally be governed by the law of the country of which the deceased held nationality. Based on BLawyers Vietnam’s practical experience, when carrying out inheritance declaration procedures in Vietnam, notaries typically require the heirs to provide a confirmation document issued by a competent authority in the country of the deceased’s nationality, identifying who the lawful heirs are. In practice, such documents are often issued by a foreign court, a foreign lawyer, or another competent authority. These documents must then undergo consular legalization in order to be valid for official use in Vietnam. Therefore, if the testator does not receive proper legal advice at the time of making the will, particularly regarding applicable law and inheritance procedures, the subsequent inheritance declaration process may become prolonged, costly, and involve significant legal risks.

3. Third note: common practical questions that we frequently receive

In addition to the above legal considerations, we would also like to share several practical issues that frequently arise in our experience:

1. If the estate includes bank deposits, will changes to the bank/bank branches affect the will?
   • Some clients are concerned that if a bank merges, changes its name, or undergoes structural changes, this may affect the will. Based on our practical experience, clients generally do not need to worry about this issue. During the inheritance declaration process, the notarial office will coordinate directly with the bank. However, when making the will, clients should provide a valid bank statement to clearly identify the asset.
2. Some foreign clients own apartments in Vietnam, but their ownership is currently evidenced only by a sale and purchase agreement, as the Certificate of Ownership has not yet been issued. In such cases, can they still make a will?
   • In this case, the client has entered into a valid sale and purchase agreement and ownership rights have been established in accordance with that agreement, such rights may still be recorded in the will. However, the legal documentation, such as the apartment sale and purchase agreement and related supporting documents, should be carefully reviewed and properly prepared before proceeding with the will.

Due to time limitations, we will conclude today’s podcast here. If you have any further questions regarding wills involving foreign elements in Vietnam, please feel free to leave a comment below, and we will be happy to address them in future episodes.

About us, BLawyers Vietnam provides legal advisory services to both Vietnamese and foreign clients in relation to will drafting in Vietnam, safekeeping of wills, inheritance declaration procedures, and other legal matters concerning cross-border inheritance.

For more information about BLawyers Vietnam, please visit our website displayed below this episode of The Lawyers Talk.

Thank you for listening, and we look forward to seeing you in our next episode.

The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. We would love to hear from you.

Date: 25 February 2026