Vietnam: What is the latest declaration form for inheritance reception? What are the regulations on notarizing written agreements on the division of inheritance?
- What is the latest declaration form for inheritance reception in Vietnam?
- What are the regulations on posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception in Vietnam?
- What are the regulations on notarizing written agreements on the division of inheritance in Vietnam?
What is the latest declaration form for inheritance reception in Vietnam?
Currently, the law does not provide for the declaration form for inheritance reception in Vietnam. The below picture is the latest declaration form for inheritance reception in Vietnam (only used for reference):
The declaration form for inheritance reception in Vietnam in case of 01 heir:
Download the declaration form for inheritance reception in Vietnam in case of 01 heir: Here.
The declaration form for inheritance reception in Vietnam in case of multiple heirs:
Download the declaration form for inheritance reception in Vietnam in case of multiple heirs: Here.
What are the regulations on posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception in Vietnam?
Pursuant to Article 18 of Decree 29/2015/ND-CP on posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception as follows:
- The reception of orders for notarization of agreements on division of inheritance, declaration of inheritance reception must be posted for 15 days. The document shall be posted by the notary organization at the People’s Committee of the commune where the last permanent residence of the inheritance leaver;
+ If such residence is not identifiable, the document shall be posted where the last temporary residence of such person is located.
+ If the inheritance comprises both real estate and movable estate or the inheritance is only real estate, the document shall be posted in accordance with this Clause at the People’s Committee of the commune where the real estate is located.
+ If the inheritance comprises only movable estate, the notary office and the deceased’s last permanent or temporary residence are not in the same province, then the notary office may request the People’s Committee of the commune where the deceased’s residence is located to impose the deadline for posting.
- The document must specify
+ Full name of the deceased;
+ Full names of beneficiaries;
+ Relationships of beneficiaries and the deceased,
+ List of inheritance.
+ The posted document must specify that any complaint or denunciation against unintentional or deliberate omission of inheritance beneficiaries or inheritors; the inheritance is not under the ownership of the deceased has been sent to the notary office which posts the document.
- The People’s Committee of the commune where the document is posted shall confirm the receipt of the posted document and protect the document throughout the posting period.
What are the regulations on notarizing written agreements on the division of inheritance in Vietnam?
Pursuant to Article 57 of the Law on Notarization 2014 on notarizing written agreements on division of inheritance in Vietnam as follows:
- The heirs at law or under a testament which does not specify the portion of the inheritance to be enjoyed by each heir may request notarization of their written agreement on the division of the inheritance.
- In the written agreement on the division of the inheritance, an heir may donate the whole or part of his/her portion of the inheritance to another heir.
- In case the inheritance is land use rights or an asset subject to ownership registration under law, the notarization request dossier must comprise the papers proving the inheritance leaver’s land use rights or ownership of that inheritance.
- In case of inheritance under law, the notarization request dossier must comprise the papers proving the relationship between the inheritance leaver and the inheritance 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.
- A notary shall verify whether an inheritance leaver is the person having land use rights or asset ownership and the notarization requesters are inheritance heirs; if suspecting or having grounds to believe that the leaving and inheritance of the inheritance 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 the division of inheritance before conducting the notarization.
- A notarized agreement on the division of inheritance serves as a basis for competent state agencies to register the transfer of land use rights or asset ownership to inheritance heirs.
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