Vietnam: What is a notarization for a will recorded by a notary?
How is a notarized request for a will recorded by a notary regulated by a notary in Vietnam?
Pursuant to Article 41 of the Law on Notarization 2014 of Vietnam, it provides as follows:
Article 41. Notarization of contracts or transactions drafted by notaries at the request of notarization requesters
1. A notarization requester shall submit a dossier set as prescribed at Points a, c, d and dd, Clause 1, and in Clause 2, Article 40 of this Law, and state the contents of, and the intention of concluding, the contract or transaction.
2. A notary shall perform the jobs specified in Clauses 3,4 and 5, Article 40 of this Law.
When the contents of, and the intention of concluding, the contract or transaction are true, lawful and consistent with social ethics, the notary shall draft the contract or transaction.
3. The notarization requester shall himself/herself read the draft contract or transaction or the notary shall read it for him/her. 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.
According to the above provisions, the dossier of request for notarization of the will recorded by the notary will include the following components:
- Notarized request form, including information about the full name, address of the notarized requester, contents to be notarized, list of accompanying documents; name of the notary practice organization, full name of the person receiving the notarized request, the time of receipt of the dossier;
- A copy of the notarized requester's identification document;
- A copy of the certificate of ownership, right to use or a copy of replacement papers prescribed by law for assets that are required by law to register ownership and use rights in case of contracts or transactions related to such assets;
- Copies of other documents related to contracts and transactions that are required by law.
Vietnam: What is a notarization for a will recorded by a notary?
How is making a will at a notary practice organization done in Vietnam?
Pursuant to Article 636 of the Civil Code 2015 of Vietnam, it provides as follows:
Article 636. Procedures for preparation of wills at notary office or people's committee of commune
The preparation of a will at a notary office or the people's committee of the commune must comply with the following procedures:
1. The testator shall declare the contents of his or her will to a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer or the person having the authority to certify must record the wishes stated by the testator. The testator shall sign or fingerprint the will after acknowledging that it has been recorded accurately and that it expresses faithfully the intentions of the testator. Thereafter, the notary public officer or the member of the people's committee of the commune shall sign the will;
2. Where the testator is not able to read or hear the will or not able to sign or fingerprint it, there must be a witness who must acknowledge the will by signing it before a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer shall notarize the will, or the member of the people's committee of the commune who has the authority to certify the will shall certify it, in the presence of the testator and the witnesses.
According to the above provisions, the testator will declare the contents of the will in front of the notary and the notary will record the declared content.
After that, the testator will sign or point to the will that has been recorded by the notary. Finally, the notary will sign the will.
How is the procedure for notarizing a will carried out in Vietnam?
Pursuant to Article 56 of the Law on Notarization 2014 of Vietnam, 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.
Thus, the procedure for notarizing a will is carried out in accordance with the above provisions.
LawNet
