Estate Planning for Foreigners with Assets Located in Vietnam

A foreigner who owns an apartment in Ho Chi Minh City, a stake in a Vietnamese company or simply a bank account in Hanoi leaves an estate that will be handled, at least in part, in Vietnam — whatever the law of their home country says. This article explains which law governs, how to make a will that will actually be accepted here, and what the heirs will have to do.

Which law applies: nationality, with real estate as the exception

The starting point is Article 680 of the Civil Code 2015. Inheritance is determined by the law of the country of which the deceased was a national immediately before death. The exception is immovable property: the exercise of inheritance rights over real estate is determined by the law of the country where the property is located. In practice this means that a German national's apartment in Da Nang passes under Vietnamese rules on how the inheritance is carried out and registered, even if German law governs the rest of the estate.

Movable assets — bank deposits, shares, vehicles — follow the deceased's national law in principle, but the practical steps (a bank releasing funds, a company updating its member register) are still taken under Vietnamese procedures. Vietnam has bilateral judicial assistance agreements with a number of countries, and where such a treaty contains different rules, the treaty prevails. Check this first if you are a national of one of those countries.

Making a will that will be accepted in Vietnam

Article 681 of the Civil Code sets two separate tests. Capacity to make, amend or revoke a will is determined by the law of the testator's nationality at the time the will is made. Form is determined by the law of the place where the will is made; a will is also recognised in Vietnam if its form complies with the law of the place where the testator resided or of which he or she was a national at the time of making the will or at death, or — for real estate — with the law of the place where the property is located.

That flexibility does not guarantee a smooth process. The most reliable route for Vietnamese assets is a separate will made in Vietnam before a Vietnamese notary, in Vietnamese, with an interpreter where the testator does not speak the language. The state notarisation fee for a will is fixed at VND 50,000 under Circular 257/2016/TT-BTC; drafting and translation are charged separately. If you keep a "worldwide" will at home as well, the two must be drafted together so that neither revokes the other by accident.

A will made abroad can still be used, but it then needs to travel. Since 11 September 2026 Vietnam applies the Apostille Convention: a will notarised in a member state can be used with an Apostille instead of consular legalisation — except for documents from Germany, Austria and the Czech Republic, which objected to Vietnam's accession and still require legalisation. A purely handwritten will without notarisation is a private document and falls outside the Apostille regime. In every case a notarised Vietnamese translation is needed.

What can be passed on — and to whom

Housing. Under the Housing Law 2023, a foreign individual may own commercial housing in permitted projects for up to 50 years from the date of the certificate, extendable once. An heir who is eligible to own housing in Vietnam can register the property in his or her name. An heir who is not eligible is not simply left with nothing: the law allows such a person to benefit from the value of the property, typically by selling it or giving it to an eligible person. Check the remaining ownership term on the certificate before deciding.

Land. Foreign individuals do not hold land use rights in their own name outside the housing regime, so a "land" asset held through a Vietnamese nominee is a red flag in any estate — it is often unenforceable and a frequent source of litigation.

Company interests. Shares and capital contributions are inheritable. In a limited liability company the heir generally becomes a member, subject to the Law on Enterprises and the charter. A foreign heir who acquires capital may also need to complete investment procedures where Article 21 of the Law on Investment 2025 requires registration — for example where the company operates in a sector with market-access conditions for foreign investors or foreign ownership would exceed 50%.

Bank accounts. Banks release deposits against a notarised inheritance declaration or division agreement, or a court decision. Transferring the money abroad must then comply with foreign-exchange rules.

How heirs claim the estate

Where the heirs agree, they sign a declaration of inheritance or an agreement on division of the estate at a notary office in Vietnam. Before notarising, the notary posts a public notice for 15 days at the commune-level People's Committee of the deceased's last place of residence and, where the estate includes real estate, where the property is located. For a foreigner who had no registered residence in Vietnam, the notary asks the provincial Department of Justice to publish the notice on its website instead (Law on Notarisation 2024, in force since 1 July 2025). The fee is calculated on the value of the estate under Circular 257/2016/TT-BTC. The file typically includes the death certificate, documents proving the family relationship, the will (if any) and the ownership certificates — foreign documents with an Apostille or consular legalisation and a notarised translation. Heirs who cannot travel can act through a power of attorney made abroad.

Where the heirs disagree, an heir cannot be found, or the will is challenged, the matter goes to court. Since 1 July 2025, first-instance civil cases are heard by the Regional People's Courts. Time limits apply: 30 years for real estate and 10 years for movables, counted from the opening of the inheritance, to claim division of the estate (Article 623 of the Civil Code).

A practical checklist

• Keep a current inventory of Vietnamese assets with copies of certificates, account details and the company's charter.
• If you are married, remember that half of the joint marital property belongs to your spouse before any inheritance is calculated.
• Make a Vietnam will that is consistent with your home will, and name a person to manage and divide the estate.
• Avoid nominee arrangements for land or shares; they are the most litigated part of foreigners' estates.
• Tell at least one heir where the documents are kept and which lawyer holds copies.

Quick Q&A

Which law governs the inheritance of a foreigner's apartment in Vietnam?

Under Article 680 of the Civil Code 2015, inheritance generally follows the law of the deceased's nationality, but the exercise of inheritance rights over real estate follows the law of the country where the property is located — Vietnamese law for property in Vietnam.

Is a will made abroad valid in Vietnam?

It can be, if its form complies with the law of the place where it was made or one of the other laws listed in Article 681. To be used here it needs an Apostille (from 11 September 2026, for member states other than Germany, Austria and the Czech Republic) or consular legalisation, plus a notarised Vietnamese translation.

Can a foreign heir inherit a house in Vietnam?

An heir eligible to own housing in Vietnam can register it. An ineligible heir is entitled to the value of the property, usually by selling it or giving it to an eligible person.

How long do heirs have to claim?

Thirty years for real estate and ten years for movable property, from the opening of the inheritance, to request division of the estate.