Vietnam: What is the form of declarations for acceptance of estate without a testament in 2022? What is the content of declarations for acceptance of estate?
What is the form of declarations for acceptance of estate without a testament in Vietnam in 2022?
Download the form of declarations for acceptance of estate: Here.
Vietnam: What is the form of declarations for acceptance of estate without a testament in 2022? What is the content of declarations for acceptance of estate? (Image from the internet)
What is the content of declarations for acceptance of estate in Vietnam?
Pursuant to the provisions of Article 58 of the Law on Notarization 2014 as follows:
Notarization of written declarations for acceptance of estate
1. A sole estate heir or co-heirs at law who agree not to divide the estate may request notarization of his/her/their written declaration(s) for acceptance of the estate.
2. The notarization of written declarations for acceptance of estate must comply with Clauses 2 and 3, Article 57 of this Law.
At the same time, based on the provisions in Clauses 2 and 3, Article 57 of the Law on Notary 2014 as follows:
2. In case the estate is land use rights or an asset subject to ownership registration under law, the notarization request dossier must comprise the papers proving the estate leaver’s land use rights or ownership of that estate.
In case of inheritance under law, the notarization request dossier must comprise the papers proving the relationship between the estate leaver and the estate heir in accordance with the law on inheritance. In case of inheritance under a testament, the notarization request dossier must comprise a copy of the testament.
3. A notary shall verify whether an estate leaver is the person having land use rights or asset ownership and the notarization requesters are estate heirs; if suspecting or having grounds to believe that the leaving and inheritance of the estate are unlawful, the notary may reject the notarization request or conduct verification or solicit assessment at the request of the notarization requester.
Notarial practice organizations shall post up information on the acceptance for notarization of written agreements on division of estate before conducting the notarization.
Thus, a dossier of declarations for acceptance of estate includes the following documents:
- A written declaration of inheritance according to the form;
- Papers evidencing the right to use land, ownership of property (in case the estate is a land use right or a property that is required by law to register ownership): Certificate of ownership, right to use alternative assets/documents as prescribed by law;
- Papers evidencing the relationship between the estate leaver and the estate beneficiary: household registration book, birth certificate of the estate beneficiary...;
- ID card/Citizen ID Cards of the beneficiary.
Where is the place to authenticate the declarations for acceptance of estate without a testament in Vietnam?
Pursuant to the provisions at Point dd, Clause 1, Point h, Clause 2, Article 5 of Decree 23/2015/ND-CP on issuance of copies from master registers, issuance of certified true copies from originals, authentication of signatures and contracts is as follows:
Authorities and responsibilities for authentication
1. The Justice offices of provincial-affiliated districts and cities (hereinafter referred to as the Justice Office) shall:
a) Certify true copies from originals of papers, documents issued or certified by Vietnamese competent authorities, foreign competent authorities, or Vietnamese competent authorities in association with foreign competent authorities.
b) Authenticate signatures on papers and documents;
c) Authenticate signatures of translators with respect to papers and documents translated from foreign language to Vietnamese or vice versa;
d) Authenticate contracts concerning properties as movables;
dd) Authenticate agreements for division of heritage, written admission of heritage as movables;
Heads, deputy heads of the Justice Office shall carry out authentication for the aforesaid matters as regulated in this Clause, sign their names and affix seals.
2. People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall:
a) Certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities;
b) Authenticate signatures on papers and documents except signatures of translators;
c) Authenticate contracts concerning properties as movables;
b) Authenticate contracts concerning land use right according to the Law on Land;
dd) Authenticate contracts concerning houses according to the Law on Housing;
e) Authenticate testaments;
g) Authenticate written refusal of heritage;
h) Authenticate agreements for division of heritage, written admission of properties as movables as defined in Points c, d and dd of this Clause;
Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals;
Thus, the authority to authenticate documents declaring an inheritance without a will is as follows:
- The document declaring the inheritance that the estate is movable: will be authenticated at the Justice Department of the district, town or provincial city.
- The document declaring the inheritance that the estate is asset (contracts and transactions related to movable property; contracts and transactions related to land use rights in accordance with the Land Law, contracts, housing transactions in accordance with the Law on Housing): will be authenticated at the People's Committees of communes, wards and townships.
In addition, the heir can also perform the notarization of the declaration of inheritance at the Notary Office in accordance with the provisions of the Law on Notarization 2014.
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