Why Registering a Will in Vietnam Feels Like a Legal Maze for Expats
You have built a life in Vietnam. You own an apartment in Ho Chi Minh City, hold a savings account at a local bank, or have invested in a Vietnamese company. You want to ensure that your spouse, children, or loved ones inherit your assets without chaos after you are gone. You sit down to make a will, and the questions pile up faster than you can find answers. Does Vietnamese law even recognize a will made by a foreigner? Must it be in Vietnamese? What happens if your heirs live abroad? What if you own land, which foreigners generally cannot own outright?
Most expats in your position fall into one of two traps. Either they assume their home-country will covers their Vietnam assets — it does not, at least not without additional legal steps — or they hand-write a will and assume it is valid. Under Vietnam’s Civil Code 2015, a will that does not meet strict formal requirements is void. A void will means your assets are divided under statutory inheritance rules, which may distribute your property in ways you never intended.
This guide uses the official Vietnamese legal framework — Civil Code 2015 (Articles 630, 631, 680, and 681), Law on Notarization 2024, and Circular 257/2016/TT-BTC — to give you a clear, copy-paste-ready path. You will get the exact documents, the notarization steps, the fee schedule, and the mistakes that get wills rejected in Vietnam.
Official Legal Basis: Which Laws Govern Foreign Wills in Vietnam?
Your will is not governed by a single law. Vietnamese law splits the question into two parts: your capacity to make the will and the form of the will. Understanding this distinction is critical.
- Civil Code 2015, Article 680 — Choice of Law for Inheritance: Inheritance is determined by the law of the country of which the deceased was a national immediately before death. However, the exercise of inheritance rights over real estate follows the law of the country where that real estate is located. If your apartment is in Vietnam, Vietnamese law governs the inheritance procedure, regardless of your nationality.
- Civil Code 2015, Article 681 — Capacity and Form of Will: Your capacity to make, amend, or revoke a will is determined by the law of your home country. The form of the will is determined by the law of the place where the will is made — or by the law of your residence, your nationality, or the location of the real estate.
- Civil Code 2015, Article 630 — Conditions for a Valid Will: A valid will requires that the testator is of sound mind and clear consciousness at the time of making, is not subject to deception, threats, or coercion, and that the content does not violate legal prohibitions or social ethics.
- Civil Code 2015, Article 631 — Required Content of a Will: The will must include the date of making, the full name and residential address of the testator, the full names of the beneficiaries, the inherited properties and their location, and the administrator of the estate. Abbreviations and symbols are not allowed, and each page must be numbered and signed or fingerprinted.
- Law on Notarization 2024, Article 7: The language used in notarization is Vietnamese. If the requester does not use Vietnamese, a translation into Vietnamese is required.
- Law on Notarization 2024, Article 49: If the testator is not proficient in Vietnamese, an interpreter must be present. The interpreter is hired by the testator, must have full civil act capacity, and must not have any rights, interests, or obligations related to the notarized matter. Beneficiaries cannot serve as interpreters.
- Circular 257/2016/TT-BTC — Notarization Fees: The notarization fee for a will is 50,000 VND. The storage fee for the will is 100,000 VND per case.
Critical distinction: Vietnam has no inheritance treaty with the United States, the United Kingdom, or Australia. If you are a citizen of one of these countries, Vietnamese law — not your home country’s law — will govern the procedure for your real estate in Vietnam.
Required Documents Checklist for Notarizing a Will in Vietnam
Based on the Law on Notarization 2024 and standard notarial practice, here is the complete dossier you must prepare for a notarized will. All documents issued by foreign authorities must be consular-legalized (or apostilled, if applicable) and then notarized translated into Vietnamese before submission.
- Notarization request form (Phiếu yêu cầu công chứng) — Provided by the notary office. You fill it in at the office or in advance.
- Draft of the will (Dự thảo di chúc) — You may prepare your own draft, or the notary can draft it for you. If you prepare your own, it must comply with Article 631 of the Civil Code.
- Passport (original + copy) — Valid passport with a valid visa or entry stamp issued by Vietnamese immigration authorities. Foreign heirs must also have entered Vietnam legally to inherit real estate.
- Proof of asset ownership — For real estate: the property ownership certificate (Pink Book / Sổ hồng). For bank accounts: bank statements or account confirmation. For company shares: investment certificate or shareholder documentation. For vehicles: vehicle registration.
- Identification of beneficiaries — Full names, dates of birth, passport numbers, and addresses of all persons named in the will.
- Interpreter (if you are not proficient in Vietnamese) — The interpreter must be hired by you, must have full civil act capacity, and must not be a beneficiary under the will. The interpreter's identification documents are also required.
- Witnesses (at least two) — Witnesses must be present at the signing. They cannot be beneficiaries of the estate.
How to Draft a Valid Will: Field-by-Field Content Requirements
Article 631 of the Civil Code 2015 sets out the mandatory content of a will. Missing any element can invalidate the document. Below is the required structure with English translations.
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập – Tự do – Hạnh phúc
------------ DI CHÚC
(WILL) Hôm nay, ngày [Day] tháng [Month] năm [Year], tại [Location]
(Today, [Date], at [Location]) Tôi là (I am):
- Họ và tên (Full name): [Testator Full Name]
- Ngày sinh (Date of birth): [Date of Birth]
- Quốc tịch (Nationality): [Nationality]
- Số hộ chiếu (Passport number): [Passport Number]
- Địa chỉ thường trú (Permanent address): [Address]
- Địa chỉ tạm trú tại Việt Nam (Temporary address in Vietnam): [Address] Tôi tuyên bố rằng tôi hoàn toàn minh mẫn, tỉnh táo và tự nguyện lập di chúc này.
(I declare that I am of sound mind, clear consciousness, and voluntarily make this will.) 1. Tài sản để lại thừa kế (Inherited assets):
- [Describe each asset: property address, certificate number, bank account details, etc.]
- Địa điểm của tài sản (Location of assets): [Address/Location] 2. Người thừa kế (Beneficiaries):
- Họ và tên (Full name): [Beneficiary 1 Name] Ngày sinh (Date of birth): [DOB] Quốc tịch (Nationality): [Nationality] Số hộ chiếu (Passport number): [Passport Number] Địa chỉ (Address): [Address] Tài sản được hưởng (Assets inherited): [Specify] - Họ và tên (Full name): [Beneficiary 2 Name] [Repeat fields as above] 3. Người quản lý di sản (Administrator of the estate):
- Họ và tên (Full name): [Administrator Name]
- Địa chỉ (Address): [Address] 4. Người phân chia di sản (Distributor of the estate):
- Họ và tên (Full name): [Distributor Name]
- Địa chỉ (Address): [Address] 5. Các nội dung khác (Other contents):
[Any additional instructions, conditions, or wishes] Di chúc này được lập thành [Number] bản, có giá trị pháp lý như nhau.
(This will is made in [Number] copies, all of equal legal validity.) Người lập di chúc (Testator)
[Signature and full name]
[Fingerprint if applicable]Key drafting rules:
- No abbreviations or symbols. Write out all names, addresses, and asset descriptions in full.
- Number and sign every page. If the will has multiple pages, each page must be numbered and signed or fingerprinted by the testator.
- Cross out and initial any corrections. Do not erase or use correction fluid.
- The content must not violate legal prohibitions or social ethics. For example, you cannot will assets that are not legally yours.
Copyable Will Cover Letter and Notarization Request Template
Use the following templates to prepare your notarization appointment. Replace all bracketed placeholders with your actual information.
REQUEST FOR NOTARIZATION OF WILL
(Phiếu yêu cầu công chứng di chúc) Date: [Date] To: [Notary Office Name]
Address: [Notary Office Address] I, [Testator Full Name], passport number [Passport Number], nationality
[Nationality], residing at [Address in Vietnam], hereby request the
notarization of my will. The will covers the following assets located in Vietnam:
- [Asset 1 Description and Location]
- [Asset 2 Description and Location] The beneficiaries named in the will are:
- [Beneficiary 1 Full Name], relationship: [Relationship]
- [Beneficiary 2 Full Name], relationship: [Relationship] I am not proficient in Vietnamese and will require an interpreter.
Interpreter name: [Interpreter Full Name]
Interpreter ID/Passport: [Interpreter ID] Supporting documents attached:
1. Copy of passport
2. Proof of asset ownership ([List documents])
3. Draft will ([Number] pages)
4. [Any other documents] I understand that the notarization fee is 50,000 VND and the storage fee
is 100,000 VND. I am prepared to pay these fees at the time of notarization. Sincerely,
[Testator Signature]
[Testator Full Name]DECLARATION OF MANDATORY HEIRS (IF REQUIRED BY NOTARY) Date: [Date] To: [Notary Office Name] I, [Testator Full Name], passport number [Passport Number], hereby declare
that under the laws of [Home Country], there is no mandatory inheritance
provision that would override the distribution of my estate as set forth
in my will dated [Date]. The following persons are my heirs under the laws of [Home Country]:
- [Name], relationship: [Relationship]
- [Name], relationship: [Relationship] I confirm that I have the legal capacity to make a will under the laws of
[Home Country] and that this will is made voluntarily. [Testator Signature]
[Testator Full Name]Step-by-Step Official Procedure for Notarizing a Will
Follow this sequence based on the Law on Notarization 2024 and standard Vietnamese notarial practice.
- Draft the will content. Use the structure above. Ensure all mandatory elements from Article 631 of the Civil Code are included. If you are unsure, ask the notary to draft it for you.
- Gather all supporting documents. Passport, proof of asset ownership, beneficiary identification, and any foreign documents that require consular legalization and notarized Vietnamese translation.
- Arrange for an interpreter. If you are not proficient in Vietnamese, you must bring an interpreter who is not a beneficiary and who has full civil act capacity. The interpreter must attend the notarization session.
- Arrange for witnesses. At least two witnesses must be present. They cannot be beneficiaries of the estate.
- Schedule an appointment with a notary office. Choose a reputable notary office (Văn phòng công chứng) in the province or city where the assets are located or where you reside.
- Attend the notarization session. Present all documents to the notary. The notary will verify your identity, capacity, and the voluntariness of the will. You will read the will aloud in the presence of the notary and witnesses, or the notary will read it to you.
- Sign each page of the will. Sign or fingerprint every page in the presence of the notary and witnesses.
- Pay the notarization fee. The notarization fee is 50,000 VND. The storage fee is 100,000 VND per case.
- Receive the notarized will. The notary will retain one copy for storage. You will receive the original notarized will.
- Store the will safely. The notary office offers will storage services. You may also choose to keep the original yourself and provide copies to your executor or a trusted person.
Common Mistakes and Rejection Warnings for Foreign Wills
- Assuming your home-country will covers Vietnam assets. For movable assets like bank deposits, your home-country will may be recognized. For real estate in Vietnam, Vietnamese law governs the inheritance procedure. A separate notarized will in Vietnam is strongly recommended.
- Not using an interpreter when required. If you are not proficient in Vietnamese and no qualified interpreter attends the notarization, the will can be declared void by a Vietnamese court. This is not a technicality — it is a substantive validity requirement.
- Using a beneficiary as a witness or interpreter. Witnesses and interpreters cannot be beneficiaries of the estate. Using a beneficiary in either role invalidates the notarization.
- Failing to include all mandatory content. The will must include the date, testator's full name and address, beneficiary names, asset descriptions, and estate administrator. Missing any element can invalidate the document.
- Not legalizing foreign documents. Any document issued by a foreign authority — birth certificate, marriage certificate, death certificate — must be consular-legalized and then notarized translated into Vietnamese before submission. Without this step, the file will be rejected at the first review.
- Ignoring the mandatory inheritance rules. Under Vietnamese law, certain heirs — children under 18, parents, spouse, and adult children incapable of working — are entitled to two-thirds of the estate, regardless of what the will says. This rule applies to wills made in Vietnam involving Vietnamese real estate, even if the testator’s spouse and children are foreign nationals living abroad.
- Assuming land use rights can be inherited directly. Foreigners generally cannot be issued a Certificate of Land Use Rights (Pink Book) for land. If the estate includes land or houses outside approved commercial housing projects, the foreign heir is entitled to the value of the inheritance only. The property must be sold or transferred, and the heir receives the proceeds in cash.
Processing Time, Fees, and Where to Submit
The official source data provides the following details. Processing time for notarization is not specified in the source data and depends on the notary office’s schedule. Contact your chosen notary office directly for their current timeline.
- Notarization fee for a will: 50,000 VND (per Circular 257/2016/TT-BTC).
- Storage fee for the will: 100,000 VND per case (per Circular 257/2016/TT-BTC).
- Personal Income Tax (PIT) on inheritance: 10% on the value exceeding the threshold set by law. For non-resident heirs, the taxable portion is the value exceeding 20 million VND, multiplied by 10%.
- Registration fee for real estate transfer: 0.5% of the property value, payable when the heir transfers the title into their name, unless a specific exemption applies.
- Cash and bank deposits: Exempt from Personal Income Tax. Heirs living abroad receive the full amount without tax deduction.
- Where to notarize: A notary office (Văn phòng công chứng or Phòng công chứng) in the province or city where the assets are located or where the testator resides.
- Where to declare inheritance: For inherited real estate, the heir must complete inheritance declaration procedures at the notary office and then register the transfer at the Land Registration Office (Văn phòng Đăng ký đất đai).
Frequently Asked Questions
Q: Can a foreigner make a valid will in Vietnam?
A: Yes. Under the Civil Code 2015, foreigners have the right to make a will for assets located in Vietnam. However, the will must meet Vietnamese formal requirements. Your capacity to make the will is governed by the law of your home country, while the form of the will is governed by Vietnamese law if the will is made in Vietnam. A notarized will is the most legally secure option.
Q: Is an interpreter required if I don't speak Vietnamese?
A: Yes. Under the Law on Notarization 2024, if the testator is not proficient in Vietnamese, an interpreter must be present. The interpreter must be hired by the testator, have full civil act capacity, and must not be a beneficiary under the will. A notarized will can be declared void by a Vietnamese court if no qualified interpreter attended the notarization.
Q: How much does it cost to notarize a will in Vietnam?
A: The notarization fee for a will is 50,000 VND, and the storage fee is 100,000 VND per case, as specified in Circular 257/2016/TT-BTC. Additional costs may apply for document translation, consular legalization, and legal consultation.
Q: Can I disinherit my spouse or children in my will?
A: Not entirely. Vietnamese law mandates a statutory share of inheritance for certain heirs — children under 18, parents, spouse, and adult children incapable of working. These heirs are entitled to two-thirds of the estate regardless of what the will says. This rule applies to wills made in Vietnam involving Vietnamese real estate, even if the heirs are foreign nationals living abroad.
Q: What happens if I own land in Vietnam and want to leave it to a foreign heir?
A: Foreigners generally cannot be issued a Certificate of Land Use Rights (Pink Book) for land. If the estate includes land or houses outside approved commercial housing projects, the foreign heir is entitled to the value of the inheritance only. The property must be sold or transferred, and the heir receives the proceeds in cash. If the asset is a commercial apartment in an approved project, the foreign heir may be able to register ownership, subject to the housing law limits on foreign ownership.