Prenuptial Agreements in Vietnam – What Foreigners need to know

In several countries, prenuptial agreements are regarded as a common and practical arrangement. In Vietnam, however, influenced by Asian traditions that value emotional bonds, the idea of clearly separating assets before marriage has often been perceived as detrimental to marital affection and is therefore not widely adopted. Nevertheless, in today’s era of globalization, defining property rights prior to marriage is increasingly seen as an important step. It serves not only to demonstrate the genuine intentions of the parties but also to ensure fairness, particularly where there is a significant disparity in wealth or property between the spouses. Vietnamese law has also established provisions that allow couples to choose their marital property regime through mutual agreement at the time of marriage.

For this reason, foreigners preparing to marry Vietnamese citizens should have a clear understanding of how marital property regimes are regulated under Vietnamese law, especially when the couple intends to reside in Vietnam and be governed by its legal system.

Below are key provisions relating to common property, separate property, and prenuptial agreements on the establishment of the marital property regime in Vietnam that foreign spouses should carefully consider.

1. Common property of spouses

Common property of spouses includes assets created by either husband or wife, income from labor, business and production activities, as well as yields and profits derived from separate property, and other lawful income acquired during the marriage, except in cases provided under Clause 1, Article 40 of the Law on Marriage and Family “Common property also includes assets jointly inherited or jointly gifted to both spouses, and any other property that the husband and wife agree to designate as common property”.

Land use rights acquired by either spouse after marriage are considered common property, unless the land use rights were inherited separately, gifted separately, or acquired through transactions using separate property.

Common property of spouses is held under joint ownership and is used to secure the family’s needs and to fulfill the joint obligations of the husband and wife.

In cases where there is no evidence to prove that disputed property belongs separately to either spouse, such property shall be presumed to be common property.

2. Separate property of spouses

Separate property of each spouse includes assets that he or she owned before marriage; assets inherited separately or gifted separately during the marriage; assets divided separately to either spouse as prescribed by law; assets serving the essential personal needs of each spouse; and other property that, under the law, belongs to the individual ownership of the husband or wife.

Property formed from separate assets of a spouse remains that spouse’s separate property. Yields and profits generated from separate property during the marriage are governed by the provisions of clause 1, Article 33 and clause 1, Article 40 of the Law on Marriage and Family.

3. Agreement on the marital property regime

Where the parties choose a property regime by agreement, such agreement must be made prior to marriage, in writing, and notarized or certified. The agreed marital

The agreement on the marital property regime should cover the following key matters: TAssets classified as common property and separate property of each spouse; Rights and obligations of the spouses with respect to common and separate property, as well as related transactions; Property to be reserved for meeting the essential needs of the family; Conditions, procedures, and principles for division of property upon termination of the regime; Any other related matters.

In cases where issues arise under the agreed property regime that were not addressed in the agreement, or where the agreement is unclear, the provisions of Articles 29, 30, 31, and 32 of the Law on Marriage and Family, together with the corresponding rules of the statutory marital property regime, shall apply.

4. Invalidity of the marital property agreement

A marital property agreement may be declared invalid by the Court in any of the following circumstances: Failure to comply with the validity requirements for civil transactions under the Civil Code and other relevant laws; Violation of one of the provisions set out in Articles 29, 30, 31, and 32 of the Law on Marriage and Family:

“Article 29. General principles of the matrimonial property regime

1. Husband and wife have equal rights and obligations in the creation, possession, use and disposition of their common property without discrimination between housework labor and income-generating labor.
2. Husband and wife have the obligation to ensure conditions for meeting their family’s essential needs.
3. When the performance of property rights and obligations of husband and wife infringes upon lawful rights and interests of the wife, husband, their family or other persons, compensation shall be paid.

Article 30. Rights and obligations of husband and wife to meet their family’s essential needs

1. Husband and wife have the right and obligation to make transactions to meet their family’s essential needs.
2. When husband and wife have no common property or their common property is not enough to meet their family’s essential needs, they shall contribute their separate property according to their financial capacity.

Article  31. Transactions related to the home being the sole domicile of husband and wife

The establishment, making and termination of transactions related to the home being the sole domicile of husband and wife shall be agreed by both of them. In case the home is under the separate ownership of the husband or wife, the owner has the right to establish, make and terminate transactions related to that property but shall ensure domicile for the couple.

Điều 32. Transactions with third parties in good faith related to bank accounts, securities accounts and other movable assets not required by law to be registered for ownership and use

1. In transactions with third parties in good faith, the spouse who is the holder of the bank or securities account shall be regarded as the person having the right to establish and make transactions related to that property.
2. In transactions with third parties in good faith, the spouse who is possessing a movable asset which is not required by law to be registered for ownership shall be regarded as the person having the right to establish and make transactions related to that asset in case the Civil Code prescribes protection of third parties in good faith.”

The content of a marital property agreement shall also be deemed invalid if it seriously infringes upon the right to alimony, the right to inheritance, or other lawful rights and interests of parents, children, and other family members. Accordingly, although Vietnamese law provides flexibility for spouses to freely choose their marital property regime, such freedom remains subject to certain limits. These restrictions are intended to safeguard humanitarian values and cultural traditions, as well as to ensure consistency with the Civil Code regarding property rights and civil obligations, and with the Law on Marriage and Family concerning the duties of family members.

For practicing lawyers, we assess that entering into a prenuptial agreement on the marital property regime is a progressive, fair, and appropriate approach for the modern era. It helps spouses clearly define financial matters in marriage, thereby minimizing conflicts and underlying disputes in family life. This is not only a matter of concern for foreigners preparing for marriage in Vietnam, but also an issue increasingly considered and applied by the younger generation in Vietnam.. 

Time of writing: September 27, 2025

The article contains general information which is of reference value, in case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

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