El papeleo explicado
Marriage contract: what it is, why it matters, how to obtain it
What is a marriage contract in Vietnam and why does it matter for a property purchase?
Marriage contract at a glance
Document- Vietnamese name
- Văn bản thỏa thuận về chế độ tài sản của vợ chồng
- Commonly called a prenuptial or matrimonial property agreement in English
- Certified by
- A Notary Public Office (Phòng / Văn phòng Công chứng)
- Not issued by a state registry — the couple drafts it, then has it notarized
- Who it's for
- A foreign national marrying, or already married to, a Vietnamese citizen who wants specific assets — including a Hanoi property — kept separate from the marital estate
- When to sign
- Before the wedding for a prenuptial agreement; during the marriage for a postnuptial one
- A prenuptial agreement takes effect from the marriage registration date; a postnuptial one from the date it is notarized
- Governing law
- Law on Marriage and Family No. 52/2014/QH13, Articles 47–50
- Sets out the optional “matrimonial property regime by agreement”, as opposed to the default statutory regime
- Typical cost
- Notary fee tied to the value of assets declared, plus an optional lawyer drafting fee
- See cost breakdown below
- Validity
- Indefinite once notarized, until amended or ended by a fresh notarized deed or by the marriage itself ending
- Compulsory?
- No
- Vietnam's default statutory community-property regime applies automatically if no agreement is made
Specimen: the marriage contract (matrimonial property agreement)
What a marriage contract actually covers
Vietnam applies a default statutory property regime to every marriage: unless the spouses agree otherwise, assets either of them acquires during the marriage — earnings, savings and property, whichever spouse's name appears on the paperwork — are presumed to be joint marital property. A marriage contract lets a couple opt out of that default and set their own rules instead, listing which assets stay separate (tài sản riêng) and which remain joint (tài sản chung), including how a specific Hanoi property is to be classified whether it is bought before or during the marriage.
This matters directly for a foreign buyer marrying a Vietnamese citizen: without an agreement, a property funded from one spouse's premarital savings can still be treated as shared marital property once it is acquired during the marriage, which affects who can later sell it, mortgage it, or claim it on divorce. In practice, notaries ask every foreign buyer whether they are single or married before notarizing a Sale & Purchase Agreement — see our certificate of celibacy guide for the single-buyer equivalent — precisely because it determines how the file is recorded. The contract does not change the ownership rules that apply to the property itself: the 30% foreign quota per building, the renewable 50-year foreign-ownership term, and the 0.5% registration fee described in our taxes and fees guide all still apply under the Housing Law 2023 regardless of what the spouses agree between themselves.
How to put a marriage contract in place
⏱ 2–4 weeks, start to notarization
Vietnamese law allows the agreement either before the wedding — a prenuptial contract, effective from the day the marriage is registered — or during the marriage — a postnuptial contract, effective from the day it is notarized. Both follow broadly the same steps; only the timing and the effective date differ.
- 1
Decide whether you need a prenuptial or postnuptial agreement
⏱ A conversation, typically same week
If the wedding has not yet taken place, a prenuptial agreement notarized before the marriage registration date is the standard route. If you are already married and want to set new rules for assets going forward, a postnuptial agreement notarized during the marriage is the usual alternative — discuss which fits your timeline with a Vietnamese family lawyer.
DocumentsPassport · Marriage certificate, if already married
⚠An agreement drafted before the wedding but never notarized has no legal effect as a prenuptial contract — it must be redone and notarized as a postnuptial deed instead.
→ law firms - 2
List and evidence the assets you want kept separate
⏱ 1–2 weeks
Gather proof of premarital ownership, or of the funds used to buy or intended to buy a specific asset — bank statements, prior sale contracts, gift or inheritance records. This evidence supports the classification the agreement sets out and matters if the agreement is ever challenged.
DocumentsBank statements · Prior title deeds or sale contracts · Gift or inheritance records, if relevant
⚠A clause stating an asset is ‘personal savings’ without supporting paperwork is difficult to defend years later, particularly on divorce.
- 3
Draft the agreement
⏱ 1–2 weeks◈ Lawyer drafting fee — see cost breakdown below
→ law firmsMost foreign spouses use a bilingual lawyer to draft the agreement in Vietnamese, with a working translation, setting out which current and future assets are separate and how any jointly funded property — including a Hanoi apartment — is to be shared or divided.
- 4
Sign and notarize the agreement
⏱ Same-day appointment, once the file is ready◈ Notary fee, tied to declared asset value
Both spouses (or spouses-to-be) appear together in person at a Vietnamese Notary Public Office, present identification, and sign the agreement, which the notary certifies and enters into the national notarial database. The document has no legal effect as a matrimonial property agreement until this step is complete.
DocumentsPassport · Marriage certificate or planned marriage registration date · Draft agreement · Evidence of the assets listed
⚠A document drafted or signed abroad, or only in English, is not directly enforceable in Vietnam — it must be executed, or re-executed, before a Vietnamese notary in Vietnamese to take domestic legal effect.
- 5
Keep it with your property file
Keep a certified copy of the notarized agreement with your passport, marriage certificate and purchase documents. When you buy or register a Hanoi property, your notary or the land registration office may ask to see it to confirm which spouse's funds paid for the unit and how it should be recorded.
DocumentsNotarized marriage contract · Certified translation · Property purchase file
What a marriage contract costs
Indicative one-off costs to draft and notarize a matrimonial property agreement; VND figures use €1 ≈ VND 27,500. The notary fee itself scales with the value of the assets declared.
| — | Min | Max | Base |
|---|---|---|---|
| Notary certificationExact amount set by the notary's published schedule, based on declared asset value — ask for a written quote first | ≈€20 (≈550,000 VND) | ≈€350 (≈9,600,000 VND) or more for high-value estates | value-tiered, per the notary office's fee scheduleBoth spouses, at the notary appointment |
| Lawyer drafting feeHigher for bilingual drafting and multi-asset estates; optional but recommended for a foreign spouse | €150 (≈4,125,000 VND) | €600 (≈16,500,000 VND) | flat fee, one-offCouple, before the notary appointment |
| Certified translationThe notarized Vietnamese original remains the legally binding version | €40 (≈1,100,000 VND) | €120 (≈3,300,000 VND) | per documentForeign spouse, for personal records or use abroad |
| Amendment or replacement deed, if terms change laterRequires a fresh notarized deed — the original cannot simply be edited | €100 (≈2,750,000 VND) | €400 (≈11,000,000 VND) | one-offCouple, only if circumstances change |
| Total | ≈€310 (≈8,500,000 VND) | ≈€1,470 (≈40,400,000 VND) or more for high-value estates |
Example: foreign-Vietnamese couple, one Hanoi apartment kept as separate property
- Lawyer drafting fee
- €350 (≈9,600,000 VND)
- Notary certification
- €60 (≈1,650,000 VND)
- Certified translation
- €60 (≈1,650,000 VND)
- Σ
- ≈€470 (≈12,900,000 VND)
Law on Marriage and Family No. 52/2014/QH13 · Law on Notarisation 2024 · Notary office fee schedules (Ministry of Finance)
Law firms who draft marriage contracts for foreign-Vietnamese couples
Frasers Law Company
★Premier cabinet à avoir obtenu une licence de cabinet étranger au Vietnam (32 ans, 17 practices). Corporate & M&A, Real Estate & Construction, banking & finance, foreign investment, data protection, compliance. Conseil international pour entreprises étrangères investissant au Vietnam.
Ho Chi Minh City + Hanoi · EN, VN
Vision & Associates
★Investissement étranger, immobilier, corporate/M&A, propriété intellectuelle, conseil - ~90 avocats/conseils
Hanoi · Vietnamien, Anglais
GV Lawyers (Global Vietnam Lawyers)
★Conveyancing immobilier, due diligence, acquisition foncière, conseil aux acheteurs étrangers, transactions résidentielles/commerciales
Ho Chi Minh City · Vietnamien, Anglais
Russin & Vecchi
★Cabinet international parmi les premiers cabinets étrangers licenciés au Vietnam (1993, ~4 associés/20 avocats). 17 domaines dont Real Estate & Construction, FDI & corporate, M&A, IP, banking/capital markets, employment, fiscalité. Sert investisseurs étrangers (référencé pour l'assistance juridique par l'ambassade US).
Ho Chi Minh City + Hanoi · EN, VN
Frequently asked questions
What is a marriage contract in Vietnam?
It is a matrimonial property agreement — a written, notarized deed in which spouses set their own rules for which assets are separate and which are joint, instead of relying on Vietnam's default community-property regime. It is governed by the Law on Marriage and Family No. 52/2014/QH13 and can be signed before the wedding (prenuptial) or during the marriage (postnuptial).
How do I get a marriage contract in Vietnam?
You draft the agreement — usually with a bilingual lawyer if one spouse is a foreign national — list the assets to be kept separate, then both spouses sign it in person before a Vietnamese Notary Public Office. It has no legal effect as a matrimonial property agreement until it is notarized.
Is a marriage contract compulsory before marrying in Vietnam?
No. It is entirely optional. If a couple does not sign one, Vietnam's default statutory community-property regime applies automatically: assets acquired by either spouse during the marriage are generally presumed to be joint marital property.
Does a marriage contract protect a Hanoi property I buy after the wedding?
It can, if the agreement is drafted to cover future assets and specifically addresses how a property funded by one spouse is to be classified. It does not, by itself, change the ownership rules that apply to the unit — the 30% foreign quota and the renewable 50-year term still apply regardless of what the spouses agree.
Can a foreigner and a Vietnamese citizen use a marriage contract to buy property together?
Yes — a marriage contract can clarify which spouse's funds paid for the property and how it will be treated, which matters because a foreign spouse and a Vietnamese-citizen spouse are not subject to the same ownership rules: foreigners hold a renewable 50-year building right within quota, while a Vietnamese citizen can hold full land-use rights. A property lawyer should structure this alongside the Sale & Purchase Agreement.
Can I stay in Vietnam if I marry a Vietnamese girl?
Marriage to a Vietnamese citizen is a recognized basis for a family-related residence application, but it is an immigration matter handled separately from the marriage contract and from any property purchase — see our visa and residency guide. Buying property itself grants no residency right, and a legally stamped entry is required before you can even sign a purchase contract.
What happens to the marriage contract if we divorce?
A validly notarized agreement is generally used as the starting point for dividing assets, including any Hanoi property, though a Vietnamese family court retains the power to review its terms. Without an agreement, the court applies the default community-property rules to decide the split.
Sources
- Law on Marriage and Family No. 52/2014/QH13 (Luật Hôn nhân và Gia đình), Articles 47–50 — governs the optional matrimonial property regime by agreement.
- Housing Law No. 27/2023/QH15 (Luật Nhà ở, in force since 1 August 2024) — foreign-ownership quota, the renewable 50-year term and the registration fee referenced above.
- Law on Notarisation 2024 — governs certification of the agreement by a Vietnamese Notary Public Office.
- Notary office fee schedules (Ministry of Finance) — basis for the notary certification costs shown in the cost breakdown.
Have your marriage contract reviewed alongside your property file
Marrying a Vietnamese citizen changes how a Hanoi property should be structured and recorded. Tell us about your situation and we will connect you with a bilingual family-law notary who reviews prenuptial and postnuptial agreements for foreign-Vietnamese couples — an initial assessment within 24 hours, no obligation.