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Can foreigners make wills in Vietnam?

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Can foreigners make wills in Vietnam? Documents required when notarizing when foreigners make wills in Vietnam. Let us learn about this topic with LSX law firm as follow:

Can foreigners make wills in Vietnam?

What is a will with foreign elements? According to the provisions of Article 625 of the Civil Code 2015, the testator is an adult, sane and wise while making the will; who are; not deceived, threatened or coerced have the right to make a will to dispose of their property.

Accordingly, Article 681 of the 2015 Civil Code stipulates that the form of a will is; determined according to the law of the country where the will is made.

Therefore, there is no provision that prohibits foreigners from making wills in Vietnam.

However, for that will to take effect in Vietnam, the form of the will must be consistent with the provisions of Vietnamese law; and the legal capacity of the testator must be consistent with the law of the country he/she has nationality.

Documents required when notarizing when foreigners make wills in Vietnam

From the above analysis, if you want to make a will with foreign elements at the Notary Public Office/Department, you must prepare the following documents:

– Notarization request form;

– Documents on property ownership;

– Draft will (if any);

– Personal documents:

+ If there are Vietnamese residing abroad: Proof of nationality such as proof of Vietnamese origin, certificate of having or leaving Vietnamese nationality, documents proving that they are; allowed to enter Vietnam Male…;

+ If there are foreigners: Documents proving that they are; allowed to enter Vietnam, documents proving their behavioral capacity such as medical examination papers, identity cards of the interpreters…;

– Other documents.

Three types of assets to note in wills in Vietnam

In addition to the above notes, the issue of which property foreigners or Vietnamese residing abroad can inherit is also very important. Here are the three most common types of assets.

Property is a house in Vietnam

With the property being houses, foreigners must be eligible to own houses according to the provisions of the Law on Housing 2014 to have the right to put their names on the Certificate of House Ownership; if not, only receive the value of that house.

Specifically, according to Article 8 of the 2014 Housing Law, overseas Vietnamese who have their house ownership recognized must be; allowed to enter Vietnam.

For foreigners, they may inherit houses in Vietnam, including apartments and separate houses in housing construction investment projects, except for areas where national defense and security is; ensured, which must satisfy the following conditions: :

– Being allowed to enter Vietnam;

– Not entitled to diplomatic and consular privileges and immunities.

(Based on Article 159 of Law on Housing 2014)

In which, foreigners are; only allowed to inherit no more than 30% of the number of apartments in an apartment building… If not in the above cases, foreigners are only entitled to the value of that house.

Foreigners are; only allowed to own houses for a maximum of 50 years from the date of issuance of the certificate and can be extended if necessary. The term of house ownership must be; clearly stated in the certificate.

Property is residential land in Vietnam

Article 186 of the Land Law 2013, amendments and supplements to 2018 regulations; Overseas Vietnamese who are; subject to house ownership rights also have the right to own residential land attached to houses in Vietnam and be; granted a certificate of residential land ownership.

A probate beneficiary will not be; granted a Certificate if:

– Foreigner;

– Vietnamese residing abroad are not allowed to enter Vietnam.

These people only enjoy the value of the house attached to the residential land use right when they receive the inheritance but can transfer or donate the inherited land use right to another person.

– To be; named by the seller in the house sale and purchase contract;

– To be; named in the donor’s name in the land donation contract;

– If they have not been; sold or given, they can authorize the receipt of inheritance and send it to the land registration agency for updating in the cadastral book.

In addition, an heir who is; not granted a personal certificate can authorize another person to take care of, temporarily use and perform his/her land obligations.

Assets are cash in Vietnam

According to the provisions of Circular 15/2011/TT-NHNN, if the property inherited under the will is cash that the beneficiary wants to bring abroad, he/she must declare it to Customs if on:

– 5000 USD or other foreign currencies of equivalent value;

– 15 million dong.

However, if you bring travelers checks, bank cards, passbooks, securities and other documents with value in foreign currency or Vietnam Dong, there is no need to declare.

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