How much is the fee for notarization of wills in Vietnam?

How much is the fee for notarization of wills in Vietnam?

Pursuant to Clause 3, Article 4 of the Circular 257/2016/TT-BTC stipulating notarization of contracts or transactions regardless of the value of property or the value of contract/ transaction as follows: 

As regulations above, the fee for notarization of wills in Vietnam is VND 50 thousand for a case.

Is it permissible to ask another person to notarize the wills in Vietnam?

Pursuant to Article 56 of the Law on Notarization in 2014 stipulating notarization of testaments in Vietnam as follows:

1. A testator shall personally request notarization of his/her testament but may not authorize another person to request the notarization.

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.

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.

As regulations above, a testator shall personally request notarization of his/her testament but shall not authorize another person to request the notarization.

Is it necessary to have the will when notarizing written agreements on division of estate in Vietnam? 

Pursuant to Article 57 of the Law on Notarization in 2014 stipulating notarization of written agreements on division of estate in Vietnam as follows:

1. The heirs at law or under a testament which does not specify the portion of the estate to be enjoyed by each heir may request notarization of their written agreement on the division of the estate.

In the written agreement on the division of the estate, an heir may donate the whole or part of his/her portion of the estate to another heir.

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.

4. A notarized agreement on division of estate serves as a basis for competent state agencies to register the transfer of land use rights or asset ownership to estate heirs.

As regulations above, when notarizing written agreements on division of estate in Vietnam, it is compulsory to comprise a copy of the testament in the dossier.

Best regards!