The situation: Mr. Chen, a Chinese investor living in Shanghai, owns a condominium in Ho Chi Minh City and shares in a Vietnamese joint venture. In 2024 he made a will in Shanghai under Chinese law, leaving everything to his wife and daughter. His family worries: when the Vietnamese assets must be distributed, will the Chinese will be accepted, or must everything start from scratch?
The answer lies in the conflict-of-laws rules in Part Seven of the Civil Code 2015 — Vietnamese law does not shut the door on foreign wills, but applies its own filters.
1. Step one: is this a “foreign-element” succession?
Article 663 of the Civil Code 2015 (No. 91/2015/QH13, in force as of 18 October 2026) defines succession with foreign elements: at least one party is a foreign individual or legal entity; or the facts establishing, changing or terminating the relationship occurred abroad; or the estate is abroad. Mr. Chen’s case ticks all three — Articles 680 and 681 decide which law applies.
2. Form of the will: three gateways in Article 681
Article 681(2) recognizes a will’s form in Vietnam if it complies with the law of any one of:
- the country where the testator resided when making the will or at death;
- the country of the testator’s nationality when making the will or at death;
- the country where the real estate is situated, if the estate is real estate.
Mr. Chen’s Shanghai will, valid under Chinese law — the law of his residence and nationality — is therefore recognized as to form in Vietnam. Only one gateway needs to be satisfied; this is the classic “favor validitatis” rule of private international law.
On testamentary capacity (sound mind, age, power to amend or revoke), Article 681(1) applies the law of the testator’s nationality at the time of making, amending or revoking.
3. Substance: nationality law governs, except real estate
Article 680(1): substantive succession matters — opening of succession, heirship, will contents — follow the law of the deceased’s nationality immediately before death. For Mr. Chen, that is Chinese law.
The key exception in Article 680(2): the exercise of inheritance rights over real estate follows the law of the country where the property is located. His Ho Chi Minh City apartment must be distributed under Vietnamese law: foreign heirs may own only within Articles 17, 19 and 20 of the Housing Law 2023 (No. 27/2023/QH15); otherwise they receive only the value.
In short: the Chinese will decides “who gets what,” but Vietnamese law decides “in what form” for real estate in Vietnam.
4. Procedures for using a foreign will in Vietnam
Legal recognition is not enough — the will must survive administration:
- Consular legalization: a will made abroad needs legalization at the Vietnamese consular office in that country (unless exempted by treaty).
- Notarized translation: the Vietnamese translation must be notarized/certified. A Vietnamese notary must be able to read the content before including it in the distribution dossier.
- Notarized estate-distribution document: under Article 59 of the Notarization Law 2024 (No. 46/2024/QH15, effective 1 July 2025), with a 15-day posting at the commune-level People’s Committee.
In practice, steps 1 and 2 consume the most time — especially when the will is old or the testator died abroad. That is why many families make a separate Vietnamese will for the Vietnamese assets: faster, cheaper, fewer procedural risks.
5. The reverse case: Vietnamese citizens making wills abroad
Article 638 of the Civil Code 2015 gives Vietnamese citizens abroad a dedicated advantage: a will certified by a Vietnamese consular or diplomatic mission has the same value as a notarized or certified will. Overseas Vietnamese should therefore have their wills certified at the Vietnamese Embassy or Consulate rather than relying solely on the host country’s form — the document can then be used directly back home without a complex recognition process.
Frequently asked questions
1. What if a foreign will was never consular-legalized?
A Vietnamese notarial office may refuse to include it in the distribution dossier for lack of verifiable authenticity. The family must complete legalization, or litigate for court recognition — far costlier and slower.
2. Two wills — one abroad, one in Vietnam — which wins?
It depends on the scope stated in each. Where both cover the same asset, the latest one prevails (Article 643(3)). For safety, each will should define the assets it governs.
3. Can a foreigner authorize a lawyer in Vietnam to handle succession procedures?
Yes. A power of attorney executed abroad needs consular legalization and a notarized Vietnamese translation. The authorized person may then handle the declaration, notarized distribution and related administrative steps.
This article has been quality-reviewed by the FLAW AI Legal Council
