Prenuptial Agreement on Real Estate Assets for Foreigners in Vietnam

Prenuptial Agreement on Real Estate Assets for Foreigners in Vietnam

Foreigners living, working, or marrying in Vietnam often face questions regarding property ownership and management. One of the most sensitive and important issues is real estate assets in marriage. To protect individual property rights and prevent disputes, many couples consider signing a prenuptial agreement. This article will provide an overview of the legal framework on prenuptial agreements in Vietnam, focusing specifically on real estate assets of foreigners. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support

1. What is a Prenuptial Agreement?

A prenuptial agreement (marital property agreement) is a legal document signed by a couple before marriage. It allows the parties to decide in advance how their property, income, debts, and other financial matters will be managed during the marriage or in the event of divorce.

Under Article 47 of the Law on Marriage and Family 2014, couples are allowed to make a written agreement on their property regime before marriage. This agreement must be notarized or authenticated to be legally valid.

2. Foreigners and Real Estate Ownership in Vietnam

According to Vietnamese Land Law 2013 and Housing Law 2014, foreigners do not have the same property ownership rights as Vietnamese citizens. Specifically:

• Land: Foreigners are not allowed to own land in Vietnam. Land belongs to the State, and only Vietnamese individuals and organizations can be allocated or leased land use rights.
• Houses/Condominiums: Foreigners may own houses in Vietnam but only in the form of purchasing, leasing-purchasing, inheriting, or receiving as gifts commercial houses (apartments, villas) in housing construction projects, except for areas restricted for national defense and security. The ownership term is usually 50 years, extendable.

Prenuptial Agreement on Real Estate Assets for Foreigners in Vietnam

Therefore, when a prenuptial agreement involves real estate, foreigners must comply strictly with these legal restrictions.

3. Key Legal Issues in Prenuptial Agreements on Real Estate for Foreigners

3.1. Validity of Agreement

• The agreement must be made before marriage.

• It must be in written form and notarized.
• If the agreement violates the law (e.g., giving foreigners rights to own land), it will be deemed invalid.

3.2. Ownership and Use Rights

• A foreign spouse cannot be recorded as a land use right holder.

• If real estate is jointly purchased, the Vietnamese spouse name will appear in the Land Use Right Certificate.
• The agreement may only specify how benefits, income, or compensation related to the property will be divided.

Prenuptial Agreement on Real Estate Assets for Foreigners in Vietnam

3.3. Protection of Separate Assets

• Real estate owned by a foreigner before marriage (in accordance with the Housing Law) remains their separate property if clearly stated in the prenuptial agreement.

• The agreement helps avoid disputes when determining whether a property is marital property or separate property.

3.4. Dispute Resolution

• If disputes arise, Vietnamese courts will resolve them based on the agreement.

• Any clause inconsistent with Vietnamese law on real estate ownership by foreigners will not be recognized.

3.5. Practical Recommendations for Foreigners

• Seek legal advice before drafting a prenuptial agreement to ensure compliance with Vietnamese law.

• Clearly distinguish between separate property (owned before marriage) and marital property (acquired during marriage).
• In case of joint investments in real estate, structure the agreement to reflect the  contribution of foreigner without violating ownership restrictions.
• Always have the agreement notarized for enforceability.

A prenuptial agreement on real estate assets is a practical legal tool for foreigners marrying in Vietnam. However, due to strict regulations on land and housing ownership, foreigners must carefully structure their agreements in line with Vietnamese law. Proper legal consultation will ensure that your rights are protected while avoiding future disputes.

>>Read more: https://lawyersinvietnam.com/legal-article/investing-in-assets-such-as-land-and-houses-of-foreign-investors.html

APOLO LAWYERS