How long is a will preserved at the notary office in Vietnam? Can a will be notarized in another province in Vietnam?

How long is a will preserved at the notary office in Vietnam?

I would like to ask when the testator goes to notary office to complete the procedures and requests notary office to store the will, so I would like to ask how long is will retention period at the notary office?

Reply:

Pursuant to Clause 2 and Clause 5, Article 64 of the Notary Law 2014 stipulates the regime for storing notary documents as follows:

- The original notarized document and other documents in the notary file must be stored for at least 20 years at the headquarters of the notary practice organization; In case of storage outside the headquarters, there must be written consent from the Department of Justice.

2. The originals of notarized documents and other papers in notarial records shall be preserved for at least 20 years at head offices of notarial practice organizations; the preservation of such documents and papers outside head offices of these organizations shall be approved in writing by provincial-level Justice Departments.

5. In case a notary bureau is transformed into a notary office, notarial records shall be managed by the notary office.

When a notary bureau is dissolved, notarial records shall be transferred to another notary bureau or a notary office designated by the provincial-level Justice Department.

When a notary office terminates its operation, it shall reach agreement with another notary office on the receipt of notarial records; if such agreement cannot be reached or the notary office terminates its operation because all notaries being its partners die or are declared by a court to be dead, the provincial-level Justice Department shall designate a notary bureau or another notary office to receive notarial records.

Thus, the will and documents included in the will notarization file must be stored for at least 20 years at the practice organization's headquarters and when there are changes, the above regulations must be ensured in Vietnam.

How long is a will preserved at the notary office in Vietnam? Can a will be notarized in another province in Vietnam? (Image from the Internet)

Can a will be notarized in another province in Vietnam?

I live in Vinh Long, currently temporarily residing in Long An and I have made a will to leave a 4-level house and want to have this will notarized. So do I have to go to Vinh Long for notarization?

Reply:

Pursuant to Article 42 of the Notary Law 2014, it is stipulated as follows:

Scope of notarization of real estate contracts or transactions

Notaries of a notarial practice organization may only notarize contracts and transactions related to real estate within the province or centrally run 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.

According to this Article, if you want to notarize your will to leave this level 4 house, you do not have to return to Vinh Long but you can perform this notarization procedure in Long An, Vietnam.

Does writing a will require a health certificate in Vietnam?

My grandmother wants to leave a will for her children and grandchildren, is it necessary to have a health certificate when writing a will to prove she is sane?

Reply:

According to Clause 1, Article 630 of the 2015 Civil Code, a legal will must meet the following conditions:

a) The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;

b) The contents of the will are not contrary to law or social morals and the will complies with legal formalities.

According to this Article, when making a will, the testator must be of sound mind; not be deceived, threatened or coerced. However, there are currently no regulations requiring that when making a will, the testator must have a health certificate to prove his or her condition in Vietnam.

Note that in the case of will notarization, Clause 2, Article 56 of the Notary Law 2014 stipulates:

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.

According to this Article, when notarizing a will, the testator's state of sanity and intelligence will be determined by the notary in Vietnam. If there is any doubt about the issue of awareness and control of behavior, the testator can be asked to do so. Please prove and clarify.

Thus, a health examination when writing a will is not mandatory; Therefore, your grandmother can completely have a medical examination to prove her condition when making a will if she wants in Vietnam.

Best regards!