David (name changed), an Australian citizen, asked DEDICA:
"I am Australian and have lived and worked in Vietnam for more than ten years. I currently own an apartment in Ho Chi Minh City, a capital stake in a company, and a bank account here, while my wife and children all live in Australia. I want to arrange matters now so my family can later receive these assets smoothly, without disputes or getting stuck in procedures. Should I make my will in Australia or in Vietnam, and which country's law decides how my apartment is divided?"
DEDICA ADVISES You can absolutely take the initiative now, and it is best to do so early rather than leaving your family to sort things out later. The core principle: for movable assets such as a bank account or a capital stake, the applicable law is determined by your nationality; but for the apartment in Vietnam, the exercise of inheritance rights follows Vietnamese law. A will made in Australia can still be recognized in Vietnam if its form is correct, but a will notarized in Vietnam usually makes the later transfer of title far smoother. One point worth knowing in advance: if an heir is a foreigner not eligible to own, they receive the value of the apartment in cash rather than the title. Below are the legal bases and the concrete steps.
Which law decides the inheritance of your assets in Vietnam
The core question is not whether you may plan your estate, but which country's law governs each type of asset. The 2015 Civil Code draws this distinction quite clearly for inheritance involving a foreign element, and it is the foundation for arranging matters correctly.
What does this mean for you? For your bank account, capital stake, and other movable assets, Australian law, the country of your nationality, will guide the division. But for the apartment in Ho Chi Minh City, every step of exercising inheritance rights follows Vietnamese law, wherever your will is made. A will drawn up in Australia cannot replace the Vietnamese procedures of estate declaration and transfer of title for this apartment.
If you leave no will, your estate in Vietnam is divided under the law among the first rank of heirs, comprising the spouse, parents, and children, each receiving an equal share (Article 651, Civil Code 2015). That equal division may not match your wishes, and it forces all heirs, scattered across different places, to take part in a single procedure together. A will, by contrast, lets you designate who receives which asset, and appoint the estate administrator and the person who divides the estate (Article 626, Civil Code 2015).
How to plan so that your family receives smoothly
A tidy plan for a foreigner usually turns on three decisions: where to make the will, how to arrange the real estate, and how to choose heirs in a legally sound way.
As to where to make the will, you are not required to make it in Vietnam. Vietnamese law recognizes a will made abroad if its form complies with one of the legal systems listed below.
On paper, a will made in Australia can be recognized. In practice, to use it in Vietnam your family must still have it consular-legalized and notarized into Vietnamese, then persuade the notary or the land registration office to accept a foreign document. For this reason, for Vietnamese assets specifically, many clients choose to make an additional notarized will in Vietnam for a smooth transfer of title, and keep the Australian will for the remaining assets. The two documents must be drafted in harmony so they do not inadvertently revoke each other.
The apartment is what needs the most forethought. Foreigners may own apartments in Vietnam, but with limits: for example, no more than 30% of the units in any apartment building may be sold to foreigners, and a foreign individual owns for the term stated on the certificate. When the apartment passes by inheritance, an eligible recipient may hold title for the remaining term; one who is not eligible receives only the value.
The practical consequence: if your wife and children in Australia do not qualify to hold title to the apartment, they receive the corresponding sum after the apartment is sold or transferred, rather than keeping the apartment itself. Knowing this in advance, you can actively choose one of two paths: leave the apartment to an heir who qualifies to hold title, or decide from the outset that the apartment will be converted into cash and lawfully remitted to your family.
Conclusion
In sum, your bank account and capital stake are guided by Australian law, while for the apartment in Ho Chi Minh City the exercise of inheritance rights follows Vietnamese law and may pass to your family only as value. Three things are worth doing: (1) make a notarized will in Vietnam for your domestic assets, drafted in harmony with your Australian will; (2) choose your heirs with the two-thirds reserved share for close family in mind; (3) decide in advance whether the apartment will be left to someone eligible to hold title, or sold and the proceeds sent to Australia. Acting early spares your family a long, dispute-prone procedure when no one is in Vietnam to pursue it.
DEDICA can work with you to review all of your assets in Vietnam, draft and notarize a domestic will in harmony with your Australian will, design an approach for your family to receive the apartment as ownership or as value and then remit it abroad lawfully, and later act under power of attorney for your heirs to complete the procedures without anyone needing to fly back to Vietnam. Contact DEDICA for in-depth advice from a lawyer on an inheritance plan tailored to your own assets and family.
The content above is for reference only; each case has its own assets, nationality, and family circumstances, so please consult a DEDICA lawyer for accurate advice.
