Can the testator authorize another person to request the notarization of testament in Vietnam? Can a notarized testament be canceled?
Can the testator authorize another person to request notarization of the testament in Vietnam?
Pursuant to Clause 1, Article 56 of the 2014 Law on Notarization in Vietnam stipulating as follows:
Notarization of testaments
1. A testator shall personally request notarization of his/her testament but may not authorize another person to request the notarization.
Thus, the testator shall personally request notarization of his/her testament but may not authorize another person to request the notarization.
Can a notarized testament be canceled?
Pursuant to Clause 2, Article 56 of the 2014 Law on Notarization in Vietnam stipulating as follows:
Notarization of testaments
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3. The testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request any notary to notarize such modification, supplementation, replacement or cancellation. In case the testament was previously kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of the testament.
Thus, the testament has been notarized but then if the testator wishes to cancel it, he/she can request any notary to notarize such cancellation.
Can the testator authorize another person to request the notarization of testament in Vietnam? Can a notarized testament be canceled? (Image from the Internet)
What is the procedure for notarizing a testament?
Pursuant to Article 40 of the 2014 Law on Notarization in Vietnam, Article 43 of the 2014 Law on Notarization in Vietnam, Article 44 of the 2014 Law on Notarization in Vietnam and Article 56 of the 2014 Law on Notarization in Vietnam and Clause 3, Article 4 of Circular No. 257/2016/TT-BTC stipulating the procedure for notarizing a testament as follows:
- A notarization request dossier shall be made in one set, comprising:
+ A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;
+ The testament;
+ A copy of the personal identity paper of the notarization requester;
+ A copy of the certificate of ownership and right to use the property stated in the testament.
- The testator must personally request the will notarization, not authorize another person to request the will notarization. Submit the documents directly at the notary office or ask the notary to come to your place of residence to notarize the will.
- The time limit for notarization is determined from the date of acceptance of the notarization request dossier to the date of returning the notarization result. The time limit for notarization does not exceed 02 working days; for contracts and transactions with complicated contents, the time limit for notarization may be longer but must not exceed 10 working days.
- The fee for notarization of wills is 50,000 VND/case. In addition, there is a fee for receiving and keeping wills: 100 thousand VND/case; Fees for issuance of notarized copies of documents: 5 thousand VND/page, from the third page upwards, each page is collected 3 thousand VND but the maximum is not more than 100,000 VND/copy.
Does the notary office keep the testament in custody?
Pursuant to Article 60 of the 2014 Law on Notarization in Vietnam stipulating the custody of testaments as follows:
Custody of testaments
1. A testator may request a notarial practice organization to keep his/her testament in custody. When agreeing to keep a testament in custody, a notary shall seal up the testament in the presence of the testator, make a custody receipt and hand it to the testator.
2. When the notarial practice organization that keeps a testament in custody terminates its operation or is transformed, transferred or dissolved, it shall, before operation termination, transformation, transfer or dissolution, reach agreement with the testator on the transfer of the testament to another notarial practice organization for custody. If no such agreement is made or such agreement cannot be reached, the testament and custody charge shall be returned to the testator.
3. The announcement of testaments kept at notarial practice organizations must comply with the civil law.
Thus, a testator may request a notarial practice organization to keep his/her testament in custody.
When the notarial practice organization that keeps a testament in custody terminates its operation or is transformed, transferred or dissolved, it shall, before operation termination, transformation, transfer or dissolution, reach agreement with the testator on the transfer of the testament to another notarial practice organization for custody. If no such agreement is made or such agreement cannot be reached, the testament and custody charge shall be returned to the testator.
Note: The announcement of testaments kept at notarial practice organizations must comply with the civil law.
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