A foreigner can make a will that is valid in Vietnam either in writing, with or without witnesses, or before a Vietnamese notary or certifying authority; the safest route for assets in Vietnam is usually a written will notarised by a Vietnamese notary office. Whatever form you choose, Vietnamese law protects certain close relatives, such as minor children, parents and a spouse, who are entitled to a minimum share even if your will leaves them nothing. A will made abroad can also be valid in Vietnam if it meets the form rules of a country the law recognises, but it must be legalised and translated before it can be used here.
This guide explains the forms a will can take, who can witness it, the forced-heirship rule, the special issues for foreigners, and how to store and update a will. It is general information, not legal advice; if your estate spans several countries, coordinated advice is worth the effort.
The forms a will can take
Vietnamese civil law recognises written wills and, in narrow emergencies, oral wills. Each written form has its own requirements and risks.
| Form | Main requirements | Practical risk |
|---|---|---|
| Handwritten will without witnesses | Written entirely by the testator's own hand and signed by them | Easy to dispute; needs Vietnamese courts to accept handwriting and capacity |
| Written will with witnesses | At least two witnesses who see the testator sign or confirm the signature; witnesses also sign | Witness eligibility mistakes can invalidate it |
| Notarised will | Made before a notary at a notary office, or in some cases where the testator is | Strongest evidence; notary checks identity and capacity |
| Certified will | Certified by the competent local authority under certification rules | Generally accepted, but practice varies; check what assets it suits |
| Oral will | Only when life is threatened and a written will cannot be made; two witnesses; recorded and certified within a short time | Lapses if the testator survives beyond a set period; last resort only |
A testator who cannot read or write must use a written will with witnesses or a notarised or certified will; a handwritten will is not available to them. Anyone who does not speak Vietnamese should use a notarised will with a qualified interpreter so the notary can confirm the testator understood the text.
Who can make a will and what it must contain
An adult with full mental capacity, who is not deceived, threatened or forced, can make a will. A person aged 15 to under 18 can make a written will only with the consent of a parent or guardian. For foreigners, Vietnamese conflict rules generally say that capacity to make, change or revoke a will is governed by the law of the testator's nationality at the time. In most cases this produces the same answer, but check if your home country sets different rules.
The will should state the date it was made, the full name and residence of the testator, the full names of the beneficiaries or the organisations receiving property, the assets left and where they are located. If the will runs over several pages, each page should be numbered and signed or fingerprinted by the testator. Corrections must also be signed. Ambiguity is the enemy: "my house in Ho Chi Minh City" is unclear if you own two; give an address and refer to the ownership certificate.
You can name an executor, the person who manages the estate and carries out the will, and give them specific powers. You can also set aside part of the estate for particular purposes, as long as you do not breach the forced-heirship rule. Keep the language plain and consistent; if the will is written in Vietnamese and you also keep an English version, state which one prevails if they differ.
Forced heirship: relatives you cannot fully disinherit
Vietnamese law limits freedom of testation for a small group of relatives. Minor children, parents, the spouse and adult children who are unable to work are each entitled to at least two-thirds of the share they would have received if the estate had been divided by law, even if the will gives them less or nothing. These people are sometimes called heirs regardless of the will.
The protection does not apply if the person refuses the inheritance or is disqualified from inheriting. It also only applies where Vietnamese law governs the inheritance, which for a foreign testator means mainly real estate located in Vietnam, or where the testator's own national law points to Vietnamese law.
Ignoring this rule is a common mistake for foreigners whose home law allows complete freedom of testation. A will leaving an apartment in Hanoi entirely to a friend, while the testator has a minor child, will be enforced only after the child's protected share is carved out. If you want to benefit someone outside the protected group, plan with this rule in mind instead of hoping it will not be noticed. Lifetime gifts, made properly and registered where required, are one lawful tool worth discussing with a lawyer.
Who cannot be a witness
Witness rules are a frequent reason wills fail. A person cannot act as a witness if they fall into any of these categories:
- Heirs under the will or by law of the testator.
- People who have property rights or obligations connected with the content of the will.
- Minors, people who have lost legal capacity, people with difficulties in perception and control of their acts, and people with limited legal capacity.
Choose witnesses who have no interest in your estate and who will be reachable later if the will is challenged: colleagues, neighbours or friends rather than relatives. Each witness should see you sign, or hear you confirm your signature, and sign in your presence. A short note of the date, place and circumstances, kept with the will, can help if anyone later questions how it was made.
For a notarised will, the notary handles identity and capacity checks, and witnesses are needed only in particular situations, such as when the testator cannot read, hear or sign.
Wills made abroad and wills in several countries
Vietnamese law generally accepts a will as valid in form if it complies with the law of the place where it was made, the place where the testator lived or the country of their nationality at the time of making the will or at death, or, for real estate, the law of the place where the property is located. A will made by a British citizen before a solicitor in London can therefore be valid in Vietnam in terms of form.
Using it here is a practical exercise. The will, and usually the death certificate, will need consular legalisation unless a treaty exempts them, plus certified translation. Vietnamese notaries and land offices may also ask for evidence that the will is the last valid one and that, under the law of the place where it was made, it has become effective, for example through a foreign grant of probate.
Many advisers suggest a separate Vietnamese will for assets in Vietnam, drafted so that it does not revoke the will made in your home country. Two coordinated wills, each written in the language and form the local authorities know, often make settlement faster. The drafting must be precise, because a general revocation clause in one will can wipe out the other.
Making a notarised will step by step
For assets in Vietnam, a notarised will is usually the most practical choice. The broad process looks like this:
- List your assets in Vietnam, with ownership certificates, account details and share records.
- Decide who receives what, taking forced heirship into account, and whether you want to name an executor.
- Contact a notary office; take your passport, the ownership papers and, if needed, a qualified interpreter.
- The notary checks your identity and capacity, explains the legal effect, and drafts or reviews the text with you.
- You read the will, or it is read to you in a language you understand, and sign each page in front of the notary.
- The notary certifies the will. You can ask the notary office to keep the original on deposit and keep a copy yourself.
Review the will when your life changes: marriage, divorce, a new child, selling or buying property in Vietnam. A will can be changed, supplemented, replaced or revoked at any time, and the latest valid will prevails where wills conflict.
Joint wills, safe keeping and telling your family
Earlier Vietnamese law had specific rules on joint wills between spouses. The current Civil Code no longer contains a dedicated regime for them, and practice on such documents is uncertain. Couples are generally better served by two separate wills that mirror each other, which each spouse can change independently.
A will that nobody can find is as good as no will. You can deposit the will with a notary office, with a person you trust or with the executor. Whoever holds it must hand it over to the heirs when the time comes. Tell at least one person where your will is kept, and keep a list of your assets and documents with it, because heirs abroad may otherwise not know what exists in Vietnam.
Talk to your family where possible. Many inheritance disputes in Vietnam grow out of surprise rather than law: relatives who expected a share and learn otherwise only after the funeral. Explaining your choices while you can reduces the chance of litigation.
When you need a Vietnamese lawyer
If you own land, a house, an apartment or a business in Vietnam, have children from more than one relationship, or hold assets in several countries, have a licensed Vietnamese lawyer review your plan before you sign. A lawyer can check whether your home law or Vietnamese law will govern each asset, draft a Vietnamese will that sits alongside your foreign will without conflict, and make sure the wording matches how property is registered.
A notary will make sure the will is properly executed, but a notary does not act as your adviser on strategy. For an estate with any complexity, the two roles complement each other. Simpler questions, such as whether a particular witness is allowed, can be checked with a lawyer on AI Co Van before your appointment.
Bring the essentials to any consultation: your passport, a list of assets with copies of ownership certificates, the names and nationalities of family members, and any will you have already made abroad. With those on the table, a lawyer can tell you quickly whether one notarised Vietnamese will is enough or whether your estate needs a coordinated plan across countries.
Frequently asked questions
Can a foreigner make a will in Vietnam?
Yes. A foreigner with legal capacity under the law of their nationality can make a will in Vietnam, in writing with or without witnesses, or before a Vietnamese notary or certifying authority. For assets in Vietnam, a notarised will is usually the most practical choice.
Is a will made in my home country valid in Vietnam?
It can be, if it complies with the form rules of the place where it was made, your residence, your nationality or, for real estate, the place where the property is located. To use it in Vietnam, it usually needs legalisation, certified translation and evidence that it is the last valid will.
Can I leave everything to one person in Vietnam?
Not always. Where Vietnamese law governs, minor children, parents, the spouse and adult children unable to work are each entitled to at least two-thirds of their statutory share, unless they refuse it or are disqualified. A will cannot override that protection.
Can my children witness my will?
No. Heirs under the will or by law, people with property interests related to the will, minors and people without full legal capacity cannot act as witnesses. Choose independent adults who will be reachable if the will is later questioned.
Should I have one will or two if I own property in Vietnam and abroad?
Many people use two coordinated wills, one for Vietnam and one for their home country, each drafted so it does not revoke the other. This often speeds up settlement, but the drafting must be precise and ideally reviewed by lawyers in both countries.
Can a will in Vietnam be changed later?
Yes. You can change, supplement, replace or revoke a will at any time while you have capacity. If several wills exist and conflict, the latest valid will generally prevails, so keep track of where each version is stored.