Do people with mental illness have the right to request the notarization of documents in Vietnam?

Do people with mental illness have the right to request the notarization of documents in Vietnam?

I have schizophrenia. If I go to the committee to notarize my job application documents, will the committee notarize it for me? Why didn't I have a voter card in the last election? Can I still exercise my citizenship rights to notarize job application documents?

Answer:

Pursuant ot Article 4 of the Law on Notarization in 2014 stipulating principles of notarial practice as follows:

1. Compliance with the Constitution and laws.

2. Objectivity and honesty.

3. Compliance with rules on notarial practice ethics.

4. Taking responsibility before law and notarization requesters for notarized documents.

Pursuant ot Article 7 of the Law on Notarization in 2014 stipulating prohibited acts as follows:

1. Notaries and notarial practice organizations are prohibited from committing the following acts:

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d/ Refusing notarization requests without plausible reasons; harassing or causing difficulties to notarization requesters;

...

2. Organizations and individuals are prohibited from committing the following acts:

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b/ Notarization requesters providing false information and documents or using counterfeit or illegally erased or modified papers and documents to request notarization;

...

Thus, the People's Committee has the right to refuse your notarization request with the legitimate reason that because you are mentally ill, the employer may not choose you. You should rest and cure your illness, then come back for notarization.

In addition, if because you are mentally ill, the Committee discovers that you provided information and documents after the fact, the Committee also has the right not to notarize it for you.

Do people with mental illness have the right to request the notarization of documents in Vietnam? - Source: Internet

What is the scope of notarization of transactions related to land in Vietnam?

My wife and I want to sell land in Nghe An to Ms. Hoa. However, we are both currently working in Ho Chi Minh City, so it would be more convenient for us if we could ask Ms. Hoa to come to Ho Chi Minh City to sign the contract. Is this possible?

Answer:

Pursuant ot Article 42 of the Law on Notarization in 2014 stipulating scope of notarization of real estate contracts or transactions as follows:

Notaries of a notarial practice organization may only notarize contracts and transactions related to real estate within the province or central-affiliated city where the organization is located, excluding testaments or written disclaimers of real estate and letters of authorization related to the exercise of real estate-related rights.

Therefore, you can only have the contract of land sale notarized at a notary public office within the Nghe An province.

Does the document of refusing to inherit in Vietnam have to be notarized?

According to my knowledge, an heir has the right to refuse to inherit. The refusal to inherit must be in writing. I would like to ask the consulting board if the refusal to inherit must be notarized? Thank you very much!

Answer:

Pursuant to Article 620 of the Civil Code in 2015 stipulating as follows:

1. An heir may disclaim an inheritance, unless such disclaimer is for the purpose of avoiding the performance of its property obligations to other persons.

2. A disclaimer of an inheritance must be made in writing. A person disclaiming must notify the other heirs and the person authorized to distribute the estate.

3. The disclaimer of an estate must be expressed before the time of inherit distribution.

Pursuant ot Article 59 of the Law on Notarization in 2014 stipulating 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.

According to the above regulations, the refusal to inherit does not require notarization. If the heir wishes to have the refusal to inherit notarized, they can do so. The notarization of the refusal to inherit is carried out in accordance with the above regulations.

Best regards!