Hello and welcome back to The Lawyers Talk, the podcast channel of BLawyers Vietnam.

My name is Huynh Kim Thanh, and I am very pleased to accompany you in today’s episode.

Our topic today is: 03 important notes when making a will with foreign elements in Vietnam. As more and more foreigners live, invest, and own assets in Vietnam, the need to make a will to protect family members has become increasingly common. However, a will involving foreign elements is not a simple matter and requires careful legal consideration. Therefore, today we would like to share several important notes with you as follows:

1. First note: Determining the applicable law

First of all, it is important to understand that Vietnamese law does not currently provide a specific definition for a “will with foreign elements”. However, in practice, we categorize this as a civil transaction involving foreign elements. Under Article 664 of the Civil Code 2015, the applicable law is determined based on the following principles:

(i) Priority shall be given to international treaties to which Vietnam is a member, or Vietnamese law;

(ii) If international treaties or Vietnamese law allow the parties to choose the applicable law, the law governing the civil relationship with foreign elements shall be determined according to such choice;

(iii) If the applicable law cannot be determined under the above principles, the law of the country having the closest connection to the relationship shall apply.

Therefore, determining the applicable law must be carefully analyzed in order to avoid potential legal risks in the future. When focusing specifically on wills, Vietnamese law distinguishes between two separate aspects:... Read more, please click here: https://www.blawyersvn.com/32-will-and-inheritance-03-important-notes-when-making-a-will-with-foreign-elements-in-vietnam/⁠

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The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, or if you would like to collaborate and use BLawyers Vietnam’s legal advisory services, please contact us at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠[email protected]⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. We will be delighted to hear from you.

📀 By: Thanh Huynh

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