What are procedures for notarizing a will in Vietnam? Can a will be notarized at home in Vietnam?

What are procedures for notarizing a will in Vietnam? Can a will be notarized at home in Vietnam? Is it required to have a will notarized at place where the real estate is located in Vietnam? 

What are procedures for notarizing a will in Vietnam?

My wife and I saw that our health was getting weaker, so we wanted to make a will to avoid losing our children due to disputes and disunity. So let me ask, what is the procedure for notarizing a will?

Reply:

*Legal grounds:

- Articles 43, 56 of the Notary Law 2014;

- Clause 3, Article 4, Circular 257/2016/TT-BTC.

*Person requesting notarization:

The testator must request the will notarized himself, and must not authorize another person to request the will notarized.

* Will notarization documents:

- Notarization request form (Notary Office has a sample available);

- Will;

- Identity card or documents proving the identity of the person requesting the notary;

- Documents proving ownership of the property stated in the will (LURC; vehicle documents; ...).

*Notarization request method:

=> The person requesting notarization of the will can come directly to the notary office or request a notary to come to their place of residence to notarize the will.

*Agency and organization to notarize wills: Notary office/department.

*Time limit for will notarization:

Notarization time limit is no more than 02 working days; For contracts and transactions with complex content, the notarization time may be longer but must not exceed 10 working days.

*Will notarization fee: 50,000 VND/case.

In addition, will storage fee: 100 thousand VND/case; Fee for issuing copies of notarized documents: 05 thousand VND/page, from the third (3) page up, each page is charged 03 thousand VND but not exceeding 100 thousand VND/copy.

Above is the procedure for notarizing a will in Vietnam.

We respond to you.

What are procedures for notarizing a will in Vietnam? Can a will be notarized at home in Vietnam? (Image from the Internet)

Can a will be notarized at home in Vietnam?

Linh at the email address phlinh***@gmail.com asked: Hello, I have the following question: Can a will be notarized at home in Vietnam?

Reply:

Article 44 of the Notary Law 2014 regulates notarization locations as follows:

1. Except the cases specified in Clause 2 of this Article, notarization shall be conducted at head offices of notarial practice organizations.

2. Notarization may be conducted outside the head office of a notarial practice organization if the notarization requester is old and weak and cannot move, is held in custody or in prison, is serving an imprisonment sentence or has another plausible reason for being unable to come to the head office of the notarial practice organization.

According to this regulation in Vietnam, in principle, will notarization must be performed at the headquarters of the notary practice organization.

However, a will can be notarized at home in the following cases:

- The person requesting notarization is an elderly person who cannot walk, a person who is in custody, detention, or is serving a prison sentence;

- There is another legitimate reason for not being able to go to the headquarters of the notary practice organization.

Is it required to have a will notarized at place where the real estate is located in Vietnam? 

I have an acquaintance who lives in Thanh Hoa, but this person still has a house in Thua Thien Hue province. This person wants to leave this house to his third son after he dies so he can worship it later. Because his other children already had jobs and stable places to live, he did not mention it. Can I ask if this will is required to be notarized in Thua Thien Hue province? Please advise.

Reply:

According to the provisions of Article 635 of the 2015 Civil Code regarding notarized or authenticated wills: "A testator may request that the will be notarized or certified."

Currently, there are no regulations requiring wills to be notarized. Wills can be expressed in many different forms such as oral or written. Written documents can be notarized, authenticated or not notarized, and the authentication is still valid when all conditions are met.

But if you want the will to have the highest legality, you should make a will at a notary practice organization or at the People's Committee of the commune or ward or have the will notarized or authenticated.

According to the provisions of Article 42 of the Notary Law 2014 on 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.

Thus, it is not required to have the will notarized at the place where the real estate is located in Vietnam. Therefore, when making a will, you can have the will notarized in Thanh Hoa province without having to return to Thua Thien Hue.

Above is our consulting content.

Best regards! 

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