Free Vietnam guide: who Vietnamese law protects whatever your will says

Free guide for British expats in Vietnam

Vietnamese law reserves a share for close family and limits what a foreign heir may hold.

A 19 page guide written for British expats in Vietnam. It covers the compulsory shares in Article 644, the three classes of statutory heir in Article 651, what a foreign heir may actually hold in land and housing, and the UK inheritance tax rules that follow you. It also sets out the notarial procedure and the 15 day public posting that your family would go through.

• 19 pages
• Updated August 2026
• No payment details
• Article 680, and naming England and Wales, Scotland or Northern Ireland
• Protected heirs and the three classes of heir
• Land use rights, apartments and the ownership caps
• Vietnamese tax, UK inheritance tax and the notary

Twenty minutes of reading that could save your family months in front of a notary.

What happens to your estate

With a valid will

A will must be in writing, and Article 628 sets out four written forms, from a holograph written out entirely by hand to a will notarised before a notary. Article 632 disqualifies as witnesses any heir under the will or on intestacy, and a foreign language will has to be translated into Vietnamese with the translation notarised. Where Vietnamese law governs, Article 644 still gives minor children, both parents, the spouse and adult children unable to work a floor of two thirds of a notional intestate share.

Without a will

Common property is divided in two first under Article 66 of the Law on Marriage and Family, so only the deceased's half forms the estate. Article 651 then shares that half equally across the whole first class: spouse, both parents and every child, with no spouse preference and no minimum for a widow. Unregistered cohabitation creates no spousal rights under Article 14, so a partner of any duration takes nothing.

Outside your will entirely

Vietnamese property law decides what an heir may receive, whatever the will says. Foreign individuals are not on the statutory list of land users, so under Article 44 of the Land Law 2024 an ineligible foreign heir may transfer or gift the inherited land use right and take the proceeds, without being registered as owner. Housing outside the permitted categories or over the caps converts to value under Article 20.

With a valid will

Without a valid will

Assets outside the will

Key facts

• Two thirds Article 644 gives minor children, both parents, the spouse and adult children unable to work two thirds of a notional intestate share where the will gives them less. That is two thirds of one share on intestacy rather than two thirds of the estate, so the floor moves with the number of heirs.
• 30% Foreign organisations and individuals may own no more than 30% of the apartments in any one apartment building, and no more than 250 separate houses in an area with the population of one ward. Article 19 applies those caps expressly to acquisition by inheritance, using the same word it uses for purchase.
• 15 days There is no grant of probate in Vietnam and no probate court for an uncontested estate. A notarial practice posts a public notice for 15 days at the commune level People's Committee, and may only notarise the document dividing the estate once the posting is complete and no complaint has been received.
• Two thirds Why it matters. Close family can claim two thirds of one intestate share where your will leaves them less, so the floor moves with the number of heirs.
• 30% Why it matters. Foreigners may hold no more than 30% of the apartments in a building, and the cap applies to inheritance as well as purchase.
• 15 days Why it matters. There is no probate court, so a notary posts a public notice for 15 days before the estate can be divided.

What is inside the guide

Wills and estate planning for British expats in Vietnam How Vietnamese law splits your estate, why a foreign heir may receive an apartment's value rather than its keys, and where UK tax lands. Free download · 2026 edition · 19 pages

Common questions

Can my children keep my apartment in Vietnam?

It depends on their eligibility rather than on the will. A foreign heir can hold housing in an approved commercial project while the building stays within the 30% cap, for a term of up to 50 years that is extendable once on application. An heir who falls outside the permitted categories, or whose share would take a building over the cap, is entitled to the value of the housing instead of the title.

Can my children keep my apartment in Vietnam?

It depends on their eligibility rather than on the will. A foreign heir can hold housing in an approved commercial project while the building stays within the 30% cap, for a term of up to 50 years that is extendable once. An heir outside the permitted categories, or whose share would take a building over the cap, receives the value instead of the title.

Is it really free?

Yes. No payment details, no trial, no catch. The guide shows you how we think before you decide whether to use us for anything.

Will you fill my inbox?

We send the guide, and nothing else unless you tick the box for the email series. Every email in it has an unsubscribe link that works first time.

Is this legal advice?

No. The guide is general information for British expats, written in plain English. Expat Legacy is a will writing service rather than a law firm.

About the author

Jamie Lee, founder of Expat Legacy, has drafted more than 2,000 wills for British expats. He has lived the expat life himself since 2004.

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