El papeleo explicado
Will (Vietnam): what it is, why it matters, how to obtain it
What is a will in Vietnam?
Will at a glance
Document- Vietnamese name
- Di chúc
- Literally “testament” or “last wishes” — the general term for a will under the Civil Code
- Drafted & signed by
- The property owner (the testator) — a will is not issued by any government office. It can be handwritten and signed alone, made in writing with two independent witnesses, or certified by a notary public or the local People's Committee.
- Civil Code 2015 recognises several accepted forms
- For
- Foreign owners of a Hanoi property who want to control who inherits it, and buyers checking the title chain of a resale property that reached the current seller through inheritance rather than a direct sale
- When it matters in a purchase
- Twice: before you buy, if you want your future Hanoi property to pass to chosen heirs; and during due diligence on a resale, whenever a past owner's share passed through inheritance instead of a sale.
- See our buying-process guide
- Typical cost
- Free if entirely handwritten, dated and signed by you alone; roughly €15–€150 (≈ 400,000–4,000,000 VND) for notarization or People's Committee certification, plus a further 0.5% registration fee later, when the Certificate is updated in an heir's name
- Notary fees follow the office's public fee schedule, not a fixed percentage; the 0.5% figure is the standard registration fee under Decree 10/2022/ND-CP
- Validity
- No expiry date. A will takes legal effect only on the testator's death, and can be freely revoked or replaced at any time before then; where more than one valid will exists, the most recent one generally governs.
- Civil Code 2015
- Governing law
- Civil Code 2015 (Part Four — Inheritance); Housing Law 2023 (in force since 1 January 2025), which sets the ownership eligibility a foreign heir must still meet; Land Law 2024 and Decree 95/2024/ND-CP for land-use right inheritance
What a will does for your Hanoi property — and what it doesn't
Under the Civil Code 2015, any person aged 18 or over with full civil capacity can make a will, and a person aged 15–18 can make one with the written consent of a parent or guardian. To be valid, a will must be made voluntarily, while the testator is of sound mind and free from deception or duress, and it must follow one of the forms the law recognises: a wholly handwritten will the testator dates and signs alone; a written will signed in front of two independent witnesses who are not themselves heirs; or a will certified by a notary public office or, in some communes, the local People's Committee. An oral will is allowed only when death is imminent and normal written form is impossible — it must then be confirmed in writing by two witnesses within five days, and it lapses after three months if the testator survives and is able to make a written will instead.
A will for a Hanoi property can name the heir or heirs, set out how the estate should be divided if there is more than one, and appoint an executor to see the instructions carried out. What it does not do is transfer the Certificate (Pink Book) by itself. When the testator dies, the named heirs still have to go through the standard inheritance process — a notarized declaration or division of the estate — before the district Land Registration Office will re-issue the Certificate in their name, updating title attracts the usual 0.5% registration fee. If a named heir is a foreign national and not a Việt Kiều (who holds near-local rights under the Land Law 2024), that heir must still independently qualify for foreign ownership: the property has to be an apartment within its building's 30% foreign quota, for the balance of the original 50-year renewable term. Land, and housing outside an approved commercial project, cannot be titled to a foreign individual at all — an heir who does not qualify keeps the right to the property's value, typically realised by selling, rather than the title itself.
Foreign owners can generally make a will for a Vietnam-based property either under a Vietnamese form or under the form recognised in their home country, but a will drafted only abroad will usually still need a certified Vietnamese translation — and sometimes legalisation — before a Vietnamese notary, the land office or a local court will act on it. Most advisors recommend a will (or at least a codicil) that covers the Hanoi property specifically, using a Vietnamese form, so the process for your heirs is not held up by translation and recognition steps on top of an already administrative one. The same logic runs the other way for buyers: if a resale property's title passed through inheritance, your lawyer's due-diligence check should confirm the underlying will was validly made and the estate correctly settled before the current seller's name reached the Certificate.
How to make a valid will for your Vietnam property
⏱ Typically 1–3 weeks from decision to a validly signed will; then ongoing as your situation changes
None of this requires you to be a Vietnamese national or resident — a foreign owner of an eligible Hanoi property can make a will for it like any other asset. The steps below follow the notarized route most advisors recommend for real estate, alongside the simpler handwritten form the Civil Code also allows.
- 1
Decide the form and draft the will
⏱ 1–2 weeks with a lawyer
Choose between a handwritten will, a written will signed before two independent witnesses, or a notarized/certified will. Describe the Hanoi property precisely using its Certificate details, name your heir(s) and, if you want one, an executor.
DocumentsPassport · Certificate (Pink Book) details of the property · Draft list of heirs and, if used, an executor
⚠A will that omits a legally required element — clear identification of the testator, unambiguous intent, or a form the Civil Code recognises — risks being declared void, sending the property back into the standard statutory order of heirs.
→ law firms - 2
Sign in front of the required witnesses or notary
⏱ Same day◈ Free for the witnessed form; a modest notarization or certification fee for the notarized form
For the witnessed form, two people who are not themselves heirs, and not related to an heir, sign alongside you. For notarization or certification, a notary public office — or, in some communes, the local People's Committee — verifies your identity and mental capacity and certifies the will on the spot.
DocumentsPassport · The drafted will · Two independent witnesses' ID documents, if used
⚠A witness who turns out to be an heir, or related to one, can invalidate that will's witnessed form.
→ law firms - 3
Keep the original safe and tell your executor where it is
⏱ Ongoing
A will only helps your heirs if they can find it after your death. Keep the signed original somewhere secure — a copy held by the notary office, a bank safe-deposit box, or your lawyer — and tell your executor or a trusted heir where it is and how to retrieve it.
⚠An unlocatable original forces the estate into the statutory, no-will order of heirs, even though a valid will existed.
- 4
Review it after major life or ownership changes
⏱ Every few years, or after any major change
Marriage, divorce, the birth of a child, selling the Hanoi property, or buying another one are all reasons to revisit the will. You can revoke or replace it at any time while you are alive and of sound mind; only your most recent valid will is used once the estate opens.
⚠An outdated will that still names a former spouse, or an heir who predeceased you, generally remains binding until you formally revoke or replace it.
Frequently asked questions
Does Vietnam have wills?
Yes. The Civil Code 2015 recognises wills (di chúc) as a valid way to direct how a person's property, including Vietnamese real estate, is distributed after death. A will can be handwritten and signed alone, made in writing with two independent witnesses, or notarized/certified by a notary public or the local People's Committee; an oral will is allowed only in an imminent life-threatening situation and lapses after three months if the testator survives.
Can a foreigner make a will for property in Vietnam?
Yes. A foreign owner of an eligible Hanoi property — an apartment held within the building's foreign quota — can make a will for it using the same Civil Code forms available to Vietnamese citizens. Many advisors recommend a will drafted specifically for the Vietnam-based property, since one made only under a home-country form typically needs certified translation, and sometimes legalisation, before Vietnamese notaries or the land office will act on it.
Does a will need to be notarized in Vietnam?
Not always. A wholly handwritten will that a testator dates and signs alone is valid without any witness or notary, provided it meets the Civil Code's form requirements. Notarization or People's Committee certification is optional but widely recommended for real estate, since it reduces the risk of a later dispute over authenticity or capacity.
What happens if I die without a will in Vietnam?
Your Vietnamese estate, including a Hanoi property, is distributed under the Civil Code's statutory order of heirs — spouse, children and parents share first, followed by grandparents and siblings if none of the first group survive. Any heir who is a foreign national must still independently qualify for foreign ownership of the property, or take its value instead of the title.
Can my heirs inherit my Hanoi apartment if they are not Vietnamese?
Yes, but eligibility is checked separately from the will itself. A foreign heir can be registered as owner only if the property remains within the building's 30% foreign quota and for the balance of the original 50-year renewable term; land, and housing outside an approved commercial project, cannot be titled to a foreign individual. An heir who does not qualify keeps the right to the property's value rather than the title.
Is a will made in my home country valid for my Vietnam property?
It is generally recognised for private international law purposes if it was validly made under the law of your home country, but Vietnamese notaries and the land office will still require a certified Vietnamese translation — and sometimes legalisation — before your heirs can use it to update the Certificate. Have a Vietnam-specific will, or at least a codicil, reviewed locally rather than assuming automatic recognition.
Can I change or cancel my will after signing it?
Yes, at any time while you are of sound mind. You can revoke a will outright or replace it with a new one; where more than one valid will exists at your death, the most recently made valid will generally governs the estate.
Sources
- Civil Code 2015 (Bộ luật Dân sự) — No. 91/2015/QH13, Part Four – Inheritance
- Housing Law 2023 (Luật Nhà ở) — No. 27/2023/QH15, sets the ownership eligibility a foreign heir must still meet
- Land Law 2024 (Luật Đất đai) — No. 31/2024/QH15, governs land-use right inheritance
- Decree 95/2024/ND-CP — implementing regulations detailing land-use right inheritance under the Land Law 2024
Planning who inherits your Hanoi property — or buying one that passed through a will?
Tell us about your situation — a will you want drafted or reviewed for your Hanoi apartment, or a resale title that passed through inheritance. Our advisory desk arranges an independent introduction to Vietnamese-licensed counsel and replies within 24 hours, no obligation.