General Introduction

In the context of increasing cross-border marriages in Vietnam, prenuptial agreements are becoming an important legal tool to clearly define property arrangements and protect the lawful interests of the parties in the event of divorce or dispute. For couples in which one or both parties are foreign nationals or have assets or residence in multiple jurisdictions, entering into a prenuptial agreement prior to marriage in Vietnam serves as a necessary mechanism to mitigate cross-border legal risks.
See also: “Marriage Registration between a British Citizen and a Vietnamese National in Vietnam.“

Legal Framework in Vietnam

Vietnamese law does not explicitly recognize the term “prenuptial agreement” as used in common law systems. However, under Articles 47 and 48 of the Law on Marriage and Family 2014, spouses may opt for a contractual property regime, under which the parties may agree on the ownership, division of existing or future assets, and financial rights and obligations. Such an agreement must be made prior to marriage registration and must be notarized or certified in accordance with Vietnamese law.

Basic Legal Conditions for Validity in Vietnam:

• Compliance with fundamental principles of Vietnamese law: The prenuptial agreement must not violate prohibitions of law, social morality, or public order. Under Article 4 of the Law on Marriage and Family 2014, the fundamental principles of the marital regime in Vietnam include: voluntariness, progressiveness, monogamy, equality between husband and wife, respect for honor, dignity, and lawful rights and interests of each party, non-discrimination, and protection of the legitimate rights of women, children, the elderly, and persons with disabilities.
• Voluntariness of the parties: The agreement must be entered into on a voluntary basis, without coercion, intimidation, or fraud.
• Clarity and specificity of content: The clauses relating to property and financial obligations must be clear, determinable, and enforceable, avoiding ambiguity or internal inconsistency.
• Formal validity of the instrument: The agreement on the property regime between husband and wife must be made before the marriage, in writing, and notarized by a notarial practice organization in Vietnam, pursuant to Article 47 of the Law on Marriage and Family 2014.
• In case the agreement is executed abroad: The document must be properly certified or authenticated by the competent authority of the foreign country, then legalized by consular authorities, and accompanied by a certified Vietnamese translation in accordance with Article 4 of Decree No. 111/2011/ND-CP for it to be legally valid and enforceable in Vietnam.

Practical Recommendations

Couples involved in cross-border relationships are strongly advised to consult legal professionals with expertise in both Vietnamese and foreign legal systems when drafting a prenuptial agreement.

It is essential to clearly specify the governing law and designate a dispute resolution mechanism (e.g., arbitration, court jurisdiction, applicable country) in the agreement.

Future enforceability should be carefully considered: the agreement may be subject to judicial review during divorce proceedings if there are valid grounds to assert that it violates conditions of validity or fails to adequately protect the legitimate interests of the more vulnerable party (typically the economically weaker spouse or women).

Legal Requirements for the Validity of Prenuptial Agreements with Foreign Elements in Vietnam

I. Basic Conditions for Legal Validity

To be recognized and enforceable under Vietnamese law—particularly in the context of foreign elements—a prenuptial agreement must satisfy the following conditions:

1. Written Form

The agreement must be executed prior to the marriage registration, be in writing, and clearly stipulate the terms regarding ownership rights, financial obligations, property division, and the classification of separate versus marital property.
Under Article 28 of the Law on Marriage and Family 2014, spouses may choose between the statutory and the agreed property regime.
Articles 119 and 385 of the Civil Code 2015 affirm that a civil transaction may be expressed verbally, in writing, or through specific acts, with written form required for property agreements.

2. Voluntary Consent of the Parties

The agreement must be signed by both parties based on free and voluntary will, without deception, coercion, or undue influence.

Each party must possess full civil act capacity at the time of signing. This is governed by Article 117 of the Civil Code 2015, which sets out the conditions for the validity of civil transactions.

3. Notarization or Authentication

To ensure legal enforceability, prenuptial agreements must be notarized by a licensed notarial organization in Vietnam in accordance with the Law on Notarization 2014, and Articles 4 and 47 of the Law on Marriage and Family 2014.
If executed abroad, the agreement must be authenticated by a competent foreign authority and legalized by the Vietnamese consular authorities as prescribed under Decree No. 111/2011/ND-CP on consular certification and legalization.

4. Certified Translation

If the agreement is drafted in a foreign language, a Vietnamese translation must be prepared by a legally authorized translation service provider and must be notarized or authenticated under Article 61 of the Law on Notarization 2014 and Circular No. 01/2020/TT-BTP.

5. Full and Honest Disclosure of Assets

The parties must fully and honestly disclose all existing and future assets at the time of entering into the agreement.

Any concealment or misrepresentation of property may constitute grounds for declaring the agreement partially or wholly invalid under Article 131 of the Civil Code 2015, which addresses nullity due to fraud, simulation, or violation of legal prohibitions.

Foreign Legal References

United Kingdom (UK)

Under English law, prenuptial agreements are not strictly binding but are increasingly given weight and recognized by the Family Court provided that certain conditions are met:

• The agreement is entered into voluntarily, with independent legal advice for each party;
• The terms of the agreement are fair and reasonable, and do not prejudice the interests of any children or the weaker party;
• The leading case on this matter is Radmacher v. Granatino [2010] UKSC 42, in which the Supreme Court of the United Kingdom held that prenuptial agreements should be upheld where they do not contravene the fundamental principles of equity and fairness.

United States

In the United States, federal law does not directly govern prenuptial agreements; instead, regulation is primarily at the state level.
The majority of U.S. states have adopted the Uniform Premarital Agreement Act (UPAA), which sets out basic requirements similar to those under Vietnamese law, including:

• The agreement must be in writing;
• It must be entered into voluntarily;
• There must be full disclosure of assets;
• The agreement must not violate public policy or be unconscionable.

Documents Required for Drafting and Notarizing a Prenuptial Agreement in Vietnam

See also: Pre-Marriage Requirements in Vietnam for International Couples

Based on our experience, parties intending to enter into a prenuptial agreement in Vietnam should prepare the following documentation:

1. Notarization Request Form
   – To be completed according to the template provided by the Vietnamese notary office.
2. Draft Prenuptial Agreement
   – Clearly setting out the terms and conditions regarding the matrimonial property regime, asset division, financial rights and obligations of each party.
3. Personal Identification Documents
   – Valid ID cards, Citizen Identification Cards, or Passports of both parties.
4. Household Registration Book
   – Applicable to Vietnamese citizens (if available).
5. Marriage Certificate
   – If the couple is already married at the time of notarization.
6. Proof of Asset Ownership
   – Such as land use right certificates, bank savings books, vehicle registration certificates, or other valid documents evidencing ownership of separate or joint assets.
7. Additional Documents (if applicable):Certificate of Marital Status – if the parties are not yet married;
   Evidence of Separate Property – to confirm ownership of assets not considered common property during the marriage.
8. Vietnamese Translation of Foreign Documents
   – If any document is originally prepared in a foreign language, a certified Vietnamese translation is required in accordance with current legal provisions. The translation must be either notarized or certified by an authorized entity, as prescribed under Article 61 of the Law on Notarization 2014 and Circular No. 01/2020/TT-BTP.

Recognition and Enforcement of Prenuptial Agreements in Vietnam

1. Procedural Steps for Legal Recognition

To ensure that a prenuptial agreement involving a foreign element is recognized and legally enforceable in Vietnam, the parties must follow these sequential steps:

• Submission of Documents:
  The applicant shall submit a complete dossier to a competent notarial practice organization or the People’s Committee at the commune level (in limited cases where permitted by law).
• Document Verification:
  The notary public shall examine the validity and completeness of the submitted documents and may request supplementation where necessary.
• Drafting and Signing of Agreement:
  The notary may assist in drafting the prenuptial agreement if the applicant does not already have a finalized version, and shall provide guidance for the parties to execute the agreement.
• Notarization:
  The notary shall notarize the prenuptial agreement in accordance with the provisions of Vietnamese law, thereby conferring legal validity.

2. Common Challenges and Suggested Solutions

The recognition of prenuptial agreements between a Vietnamese national and a foreign citizen may involve legal and administrative obstacles. Common issues include:

• Legal Ambiguity:
  The concept of prenuptial agreements is not explicitly defined in Vietnamese law, which may lead to uncertainty in interpretation and enforcement.
  → Solution: Clearly frame the agreement as a “matrimonial property regime agreement” in compliance with Articles 47 and 48 of the Law on Marriage and Family 2014.
• Insufficient Disclosure of Assets:
  Failure to fully disclose assets may lead to partial or full invalidation of the agreement.
  → Solution: Parties must provide complete and honest disclosure of current and future assets in accordance with Article 131 of the Civil Code 2015.
• Improper Form or Language Barriers:
  Agreements executed in a foreign language without proper notarized translation or improperly notarized documents may not be accepted.
  → Solution: Ensure certified Vietnamese translations and proper notarization or consular legalization where applicable.
• Jurisdictional Conflict:
  Disputes may arise regarding which country’s law governs the agreement or which court/arbitrator has jurisdiction.
  → Solution: Clearly specify the governing law and dispute resolution mechanism (e.g., arbitration, court, applicable country) in the agreement.

Common challenges in working with foreign partners include differences in legal systems between Vietnam and the partner’s home country. To ensure compliance with Vietnamese law, it is advisable to consult a bilingual lawyer who is knowledgeable in both legal systems. In addition, language barriers in legal documentation can pose significant issues. All documents in foreign languages must be translated into Vietnamese by an authorized agency and duly notarized. Furthermore, complex and time-consuming administrative procedures can create delays, so it is important to prepare all required documents in advance and work directly with local civil status–justice officers for proper guidance.

Practical Guidance

1. Estimated Timeline

The process of preparing and finalizing a prenuptial agreement involving foreign elements in Vietnam typically involves the following stages and estimated timeframes:

Document Preparation: 1–2 weeks
(includes asset review, agreement drafting, and collection of personal and financial documents)
Certified Translation into Vietnamese: 2–3 business days
(depending on the volume and translation agency)
Authentication and Legalization: 3–5 business days
(may vary depending on jurisdiction or further legal verification needs)

Note: Timeframes may be extended if the parties reside in different countries or if further legal clarification is required.

Frequently Asked Questions (FAQs)
Q: Is a prenuptial agreement signed abroad automatically recognized and enforceable in Vietnam?
A: No. All agreements executed abroad must go through a formal recognition process and comply with Vietnamese legal requirements to be valid in Vietnam.

Q: What happens if the content of the agreement conflicts with Vietnamese law?
A: Any provisions that contradict mandatory Vietnamese legal rules will be declared invalid. However, other valid parts of the agreement may still be enforceable.

Q: Does the agreement need to be drafted in both Vietnamese and English?
A: Yes. A notarized Vietnamese translation is mandatory for the agreement to be accepted by Vietnamese authorities and used in legal procedures.

Conclusion and Recommendations
The preparation and legal recognition of a prenuptial agreement in Vietnam involving foreign elements requires thorough planning with regard to legal frameworks, administrative procedures, and documentation. The involved parties should:

Understand the applicable legal regulations of both Vietnam and the foreign jurisdiction, particularly those related to property and notarization;
Ensure that the notarization and translation processes meet all legal standards;
Seek advice from lawyers specialized in international family and matrimonial law to maximize enforceability.

A well-prepared agreement significantly minimizes legal risks and protects the lawful interests of both parties during the marriage and in the event of future disputes.

Harley Miller Law Firm

Email: info@luatminhnguyen.com/miller@hmlf.vn
Website: luatminhnguyen.com or hmlf.vn
Hotline: +84 9372 15585