At which notary office can my notarized will be amended in Vietnam? Is it mandatory to use fingerprint in a will in Vietnam?

At which notary office can my notarized will be amended in Vietnam?

Some time ago I was in Hanoi and made a will, which was notarized at a notary office outside Hanoi. Now that I have returned to my hometown in Ha Tinh, if I want to change some of the contents of the will, do I have to go to the old notary office in Hanoi? Thank you!

Reply:

Clause 3, Article 56 of the Notary Law 2014 has the following provisions:

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 this regulation in Vietnam, when you want to amend a notarized will, you can request any notary to notarize the amendment. If the will is being kept at a notary practice organization, the testator must notify the notary practice organization that is keeping the will of the amendment to the will.

Thus, you do not have to go to the notary office in Hanoi to amend your will. You can ask any notary at notary offices in Ha Tinh to request a notarization of will amendments.

In case your will is being kept at a notary practice organization, you must notify the notary practice organization that is storing the will of any amendments, supplements, replacements, or cancellations of the will in Vietnam.

At which notary office can my notarized will be amended in Vietnam? Is it mandatory to use fingerprint in a will in Vietnam? (Image from the Internet)

Is it mandatory to use fingerprint in a will in Vietnam?

When notarizing a will, are there any regulations requiring fingerprinting at the same time as signing? The other day I went to have my will notarized and was asked for both.

Reply:

Pursuant to Clause 3, Article 48 of the Notary Law 2014, it is stipulated:

3. Both fingerprint and signature may be used in the following cases:

a/ Notarization of testaments;

b/ At the request of the notarization requester;

c/ The notary finds it necessary to protect the interests of the notarization requester.

According to this regulation in Vietnam, the will can be used fingerprint at the same time as the signature. Thus, the point issue in this case is not mandatory. However, currently, some notary offices still apply fingerprinting and signing at the same time to provide more security for the notarization requester. If they do not want to do it, the person requesting notarization can refuse to fingerprint.

Is a will required to notarize a written disclaimer of estate in Vietnam?

Is a notary public who refuses to accept an inheritance required to present a will? Hope to receive a response soon.

Reply:

Article 59 of the Notary Law 2014 stipulates the notarization of written disclaimers of estate as follows:

Heirs may request notarization of written disclaimers of estate. When making such a request, the notarization requester shall produce a copy of the testament in case of testamentary inheritance or papers proving his/her relationship with the estate leaver in accordance with the law on inheritance; and the death certificate or another paper proving the estate leaver’s death.

Thus, according to the above regulations in Vietnam, when notarizing a written disclaimer of estate, the person requesting notarization is required to present a copy of the will.

Best regards.