How much is the fine for notarizing a will for a person with limited legal capacity in Vietnam?
Based on Article 13 of Decree 82/2020/ND-CP which stipulates the acts of violations committed by notaries in retaining wills; notarizing wills, agreements on the division of estates, statements of inheritance, and waivers of inheritance as follows:
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- A fine ranging from 10,000,000 VND to 15,000,000 VND for any of the following acts:
+ Notarizing a will whose contents violate the prohibitions of the law, contradict social ethics; the form violates the provisions of the law;
+ Notarizing a will in cases where at the time of notarization the testator clearly shows signs of mental illness or suffers from other illnesses that prevent them from perceiving and controlling their actions; there are grounds to believe that the creation of the will is under duress, fraud, or coercion; the testator is not of sufficient age to make a will as stipulated; the creation of the will does not have witnesses or is not agreed upon by the parents or guardians as stipulated;
- Additional forms of punishment:
Revocation of the notary’s certificate from 01 month to 03 months for violations stipulated at Clause 3 of this Article.
- Measures to remedy consequences:
Compel the notary practice organization which is storing the notarized records to notify the relevant agencies, organizations, or individuals about the violations stipulated at point a Clause 2, points a, b, c, d, dd, and e Clause 3 of this Article.
Thus, in accordance with the current regulations which correspond to the case you mentioned, notarizing a will at the time when the testator clearly shows signs of illness that prevent them from perceiving and controlling their actions will incur an administrative fine ranging from 10,000,000 VND to 15,000,000 VND.
In addition, the supplementary form of punishment includes revoking the notary’s certificate from 01 month to 03 months and requiring the notary practice organization holding the violating records to notify the relevant agencies, organizations, and individuals concerned.
Respectfully!
