Language of Wills
Article 627 of the Civil Code stipulates that a will can be made in writing or orally, without restrictions on the language used. However, if the will is notarized or authenticated in Vietnam, it must be written in Vietnamese according to Article 6 of the 2014 Notarization Law. In cases where the will is not notarized or authenticated, the testator can use a foreign language.
Notes on Assets When Foreigners Make Wills
Property as a House:
For property as a house, foreigners can only have their names on the certificate of homeownership in Vietnam if they are eligible to own a house according to the current Housing Law. In cases where they do not meet the ownership conditions, foreigners are only entitled to the value of the house rather than direct ownership.
According to Article 8 of the Housing Law, overseas Vietnamese will be recognized as owning a house in Vietnam if they are permitted to enter Vietnam. Foreigners are entitled to inherit housing in Vietnam, including apartments or private houses in residential development projects, except in areas of national defence and security. However, to be eligible to inherit, foreigners must meet the following conditions:
- They are permitted to enter Vietnam;
- They are not entitled to diplomatic or consular privileges and immunities.
Additionally, foreigners are only allowed to own no more than 30% of the apartments in a building or within specific limits regarding housing. If a foreign organization or individual inherits more housing than the law permits, they will only be entitled to the value of the housing rather than direct ownership. The period of homeownership for foreigners in Vietnam must not exceed 50 years from the date the ownership certificate is issued, but it can be extended if needed.
Property as Land:
According to Article 186 of the 2013 Land Law (amended in 2018), overseas Vietnamese, if eligible to own houses in Vietnam, also have the right to own land attached to the house and be granted a land use right certificate.
In the case of inheritance by will, if the heir is a foreigner or an overseas Vietnamese who is not permitted to enter Vietnam, they will not be granted a land use right certificate. Instead, they are only entitled to the value of the housing attached to the land use rights, but they can transfer or donate these land use rights to others. The heir can be named as the seller in a sale contract or as the donor in a donation contract for the land use rights. If not sold or donated, the heir can authorize someone else to manage and temporarily use the property and fulfil related land obligations.
Property as Cash:
According to Article 2 of Circular 15/2011/TT-NHNN, if the inheritance is in cash and the heir wishes to take it abroad, they must declare it to Vietnam Customs if the amount exceeds USD 5,000 or equivalent in other foreign currencies, or over VND 15 million. However, for assets like travellers’ checks, bank cards, savings books, securities, or other valuable papers in foreign currencies or VND, there is no need to declare them to customs.
Frequently Asked Questions About Making Wills by Foreigners in Vietnam
Can foreigners make a will in Vietnam?
Answer: According to Article 625 of the 2015 Civil Code, a testator must be an adult, mentally sound, and lucid when making the will; they must not be deceived, threatened, or coerced. Accordingly, Article 681 of the 2015 Civil Code stipulates that the form of a will is determined by the law of the country where the will is made. Therefore, there is no provision prohibiting foreigners from making wills in Vietnam. However, for the will to be valid in Vietnam, its form must comply with Vietnamese law, and the testator’s legal capacity must align with the law of their nationality.
Is a will made in English by a foreigner valid in Vietnam?
Answer: A will made in English can be valid in Vietnam if it meets the legal requirements regarding the form and the testator’s capacity. However, if the will is notarized or authenticated in Vietnam, it must be written in Vietnamese according to the Notarization Law. If the will is not notarized, the use of other languages is accepted, but a Vietnamese translation is recommended to avoid risks.
Can foreigners inherit land in Vietnam?
Answer: Foreigners are not allowed to own land in Vietnam. In the case of land inheritance, foreigners can only receive the equivalent value of the property or transfer the land use rights to others.
Does a will with foreign elements need to be notarized?
Answer: 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?
Answer: 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.
Can foreigners make a will to leave assets to Vietnamese citizens?
Answer: Yes, foreigners can make a will to leave assets to Vietnamese citizens. However, these assets must be legally owned by the testator, and the transfer of assets must comply with Vietnamese law.
Are there any limits on the amount of assets that foreigners can leave through a will in Vietnam?
Answer: Vietnamese law does not limit the amount of assets that foreigners can leave through a will, as long as those assets are legally owned by the testator. However, with real estate, there are certain limitations on the ownership rights of foreigners in Vietnam.
Can foreigners change or revoke a will made in Vietnam?
Answer: Yes, foreigners have the right to change or revoke a will made in Vietnam at any time, as long as they have the legal capacity determined by the country’s law where they hold citizenship at the time of making, changing, or revoking the will.
If there is no will, how will a foreigner’s assets in Vietnam be distributed?
Answer: If there is no will, the assets of a foreigner in Vietnam will be distributed according to the inheritance laws of Vietnam or following relevant international treaties, if applicable.
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
