Vietnam: What documents does a notarization request include? Who will not be able to notarize a will under current regulations?
How is a pre-prepared notarized request document regulated in Vietnam?
Pursuant to Article 40 of the Law on Notarization 2014, it provides as follows:
Article 40. Notarization of ready-made contracts and transactions
1. A notarization request dossier shall be made in one set, comprising:
a/ 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;
b/ The draft contract or transaction;
c/ A copy of the personal identity paper of the notarization requester;
d/ A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
dd/.Copies of other papers related to the contract or transaction as required by law.
2. The copies specified in Clause 1 of this Article may be photocopied, printed or typewritten copies containing full and accurate contents as the originals and do not need to be certified.
3. A notary shall check the papers in a notarization request dossier. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record it in the notarial register.
4. Notaries shall guide notarization requesters to comply with regulations on notarization procedures and relevant regulations on performance of contracts and transactions; clearly explain to notarization requesters their rights, obligations and lawful interests as well as the significance and legal consequences of their entry into contracts or transactions.
5. When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described, a notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the matters cannot be clarified, the notary has the right to refuse to notarize.
6. A notary shall check the draft contract or transaction; if the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is incompliant with law, he/she shall point them out for the notarization requester to modify. If the notarization requester fails to modify, the notary has the right to refuse to notarize.
7. The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.
8. If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to produce the originals of the papers specified in Clause 1 of this Article for comparison before writing testimonies and signing every page of the contract or transaction.
Accordingly, individuals who have a request for notarization of a pre-prepared will need to prepare 01 set of documents requesting notarization of the will including all the components as prescribed above.
Vietnam: What documents does a notarization request include? Who will not be able to notarize a will under current regulations?
Who will not be notarized according to Vietnamese regulations?
Pursuant to Article 637 of the Civil Code 2015, it provides as follows:
Article 637. Persons not permitted to notarize or certify wills
A notary public officer or a member of the people's committee of the commune who has authority shall not be permitted to notarize or certify a will if such person is:
1. An heir of the testator under the will or at law;
2. A person whose father, mother, wife, husband or child is an heir under the will or at law;
3. A person having property rights or obligations relating to the will.
Thus, notaries and competent persons of commune-level People's Committees will not be able to notarize the will when they are heirs; whose father, mother, wife, husband and children are heirs; persons with property rights and obligations related to the contents of the will.
Is it authorized to notarize a will according to Vietnamese regulations?
Pursuant to Article 56 of the Law on Notarization 2014, it provides as follows:
Article 56. Notarization of testaments
1. A testator shall personally request notarization of his/her testament but may not authorize another person to request the notarization.
2. In case the notary doubts that a testator suffers a mental disease or another disease making him/her unable to perceive and control his/her acts or has grounds to believe that the testament has been made deceitfully or under threat or coercion, the notary shall request the testator to clarify the matter or may refuse to notarize that testament if the testator cannot clarify the matter.
In case the life of a testator is under threat, the notarization requester is not required to produce all the papers specified in Clause 1, Article 40 of this Law but shall clearly state such in the notarized document.
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.
According to the above provisions, the testator must personally request the notary to perform the notarization of the will without being authorized to notarize the will to any other individual or organization.
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