1. What is the matrimonial property regime? How many types of regimes are there?

The matrimonial property regime is understood as a system of rules that defines the rights and obligations of the spouses regarding the creation, management, use, disposition, and division of property during the course of the marriage. In other words, it is the mechanism through which the spouses determine and organize their property relations, including which assets constitute marital (common) property, which assets constitute separate property of each spouse, and the corresponding rights and obligations of the spouses over such property.

Pursuant to Article 28.1 of the Law on Marriage and Family 2014, the matrimonial property regime shall be applied in one of the following two forms: the statutory property regime or the agreed (contractual) property regime.

• Statutory property regime: this is the default regime prescribed by law, which is automatically applied if the spouses do not enter into any other agreement prior to their marriage, or if such agreement is invalid.

• Agreed (contractual) property regime: this regime is established based on the spouses’ mutual agreement, provided that both the content and form of the agreement comply with the applicable laws and satisfy all legal conditions for validity.

2. What is a prenuptial agreement on the matrimonial property regime?

Pursuant to Article 47 of the Law on Marriage and Family 2014, if the spouses choose to adopt a property regime by agreement, such agreement must be made in writing. Accordingly, a prenuptial agreement on the matrimonial property regime is understood as a written document mutually established by the parties to clearly define the property regime during the course of the marriage, as well as the rights and obligations of each spouse in the creation, management, use, disposition, and division of property throughout the marital period.

A prenuptial agreement on the matrimonial property regime may include the following fundamental contents:

• Identification of property classified as common property and separate property of the husband and wife;

• The rights and obligations of the spouses with respect to common property, separate property, and related transactions; and the property used to ensure the essential needs of the family;

• Conditions, procedures, and principles for the division of property upon the termination of the property regime;

• Other related matters.

(Pursuant to the guidance under Article 48 of the Law on Marriage and Family 2014)

3. Why should a prenuptial agreement be established between a foreigner and a Vietnamese spouse?

In the case where a marital relationship is established between a Vietnamese citizen and a foreigner, the matrimonial property relations of the spouses are often governed concurrently by two legal systems: Vietnamese law and the law of the country of which the foreign spouse is a national. Differences between these legal frameworks regarding marital property may easily give rise to conflicts of laws, making the classification of marital and separate property — as well as the rights to manage, use, or dispose of such property — uncertain and inconsistent.

Therefore, in the event of a dispute or divorce, the resolution process is often complex, lengthy, and unpredictable — particularly where the spouses own assets in both countries.

Accordingly, establishing a prenuptial agreement from the outset is highly necessary. Such an agreement clearly defines the rights and obligations of each spouse with respect to their assets, delineates the boundaries between marital property and separate property, and thereby minimizes potential disputes. It also provides a transparent legal framework that protects the legitimate interests of both parties throughout the marriage.

4. What are the conditions for a prenuptial agreement between a foreign national and a Vietnamese citizen to be legally valid?

As a general principle, a prenuptial agreement between a foreign national and a Vietnamese citizen constitutes a civil transaction. Accordingly, for the agreement to take legal effect, it must satisfy the conditions prescribed under civil law and the law on marriage and family, including conditions relating to the parties, the content, and the form, as follows:

• Regarding the parties: Both parties must possess full civil legal capacity and civil act capacity, and must voluntarily enter into the prenuptial agreement between the foreign national and the Vietnamese citizen.

• Regarding the content: The purpose and content of the prenuptial agreement must not violate prohibitions of the law, must not contravene social ethics, and must not fall within any cases of invalidity as prescribed by law.

• Regarding the form: The agreement must be made prior to marriage and must be executed in the form of a written document that is notarized or certified in accordance with the law.

When all the above conditions are met, the prenuptial agreement between a foreign national and a Vietnamese citizen shall take effect from the date the parties officially register their marriage with the competent authority.

5. Steps to establish a matrimonial property regime between a foreign national and a Vietnamese citizen

Step 1: Negotiation and drafting of the prenuptial agreement

The parties shall discuss and reach consensus on matters such as: each spouse’s separate property; marital (common) property acquired during the marriage; the management, use, and disposition of property; principles for property division; and other related issues. Negotiations must be conducted on a voluntary basis, with mutual respect, and in compliance with applicable law.

Following the negotiation, the agreed terms should be drafted into a clear and comprehensive written agreement. The document must be expressed coherently and unambiguously to ensure its enforceability and to facilitate notarization or certification.

Note: To ensure legal soundness and minimize the risk of rejection during notarization or certification, the agreement should be reviewed by a lawyer or legal professional before signing, in order to confirm the legality and completeness of its provisions.

Step 2: Preparation of Documents

The parties must prepare a complete set of documents, including the following:

• Draft of the prenuptial agreement establishing the matrimonial property regime between the foreign national and the Vietnamese citizen;

• Identification documents of the spouses: valid Citizen identity card/Citizen card or passport;

• Documents confirming the single status of the parties:
  • For Vietnamese citizens: a certificate of marital status (content confirming the single status) issued by the People’s Committee of the commune/ward of permanent residence.
  • For foreign nationals: Affidavit of single status or an equivalent document issued by the competent authority of their country, translated into Vietnamese and legalized through consular authentication.
• Documents relating to property listed in the prenuptial agreement (if any).

Step 3: Notarization of the prenuptial agreement

Once the documents are complete, the parties shall appear at a notary public office to have the prenuptial agreement notarized. This notarization is a mandatory requirement for the prenuptial agreement to have legal effect.

Note: A foreign national should be accompanied by an interpreter during the notarization of the prenuptial agreement.

6. Frequently asked questions on establishing a matrimonial property regime between a foreign national and a Vietnamese citizen

a. Can the content of the agreement be amended after the marriage registration?

Answer: Yes.

During the marriage, the spouses have full rights to agree on amending or supplementing part or all of the previously established property regime. However, any amendments or supplements must be made in writing and notarized or certified in accordance with the law to ensure legal validity.

b. If the foreign spouse understands Vietnamese, is it mandatory to have an interpreter present?

Answer: This depends on the policy of the individual notary office. Some offices may still require an interpreter to ensure that the foreign spouse fully understands the content of the agreement, even if they understand Vietnamese. Therefore, to avoid the risk of the notarization being rejected, it is recommended that the parties arrange for an interpreter to be present during signing.

c. Is it mandatory to list all specific assets in the agreement? Can assets located abroad be included and notarized?

Answer: It is not mandatory to list specific assets in the prenuptial agreement. The spouses may agree on general principles without describing each asset in detail. Furthermore, agreements including assets located abroad can still be notarized in Vietnam, provided that the content does not violate the law and meets the formal requirements prescribed by law.