Where can I notarize my will to leave land to my children in Vietnam?

Where can I notarize my will to leave land to my children in Vietnam?

Pursuant to Article 42 of the Notary Law 2014, regulations on scope of notarization of real estate contracts or transactions are as follows:

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.

In Article 56 of the Notary Law 2014, there are regulations on notarization of testaments 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.

Thus, according to the above regulations in Vietnam, in case the will is real estate, you can notarize the will at any notary office or notary office that you find convenient.

Where can I notarize my will to leave land to my children in Vietnam? (Image from the Internet)

What are conditions for lawful wills in Vietnam?

In Article 630 of the 2015 Civil Code, there are regulations on lawful wills as follows:

1. A will must satisfy the following requirements in order to be lawful:

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.

2. A will made by a person between fifteen and eighteen years of age must be made in writing and with the consent of the parents or guardian of such person.

3. A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified.

4. A written will which is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in Clause 1 of this Article.

5. An oral will shall be deemed lawful only if the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. Such will must be notarized or certified within five working days of the date on which the testator orally expressed his or her last wishes.

According to this Article, in order for a will to be legal, you need to make a will that ensures the conditions according to the above regulations in Vietnam.

Do testators have to write wills themselves in Vietnam?

Pursuant to Article 634 of the 2015 Civil Code, there are regulations on witnessed written wills as follows:

Where a testator is not able to write a will by his or her own hand, the testator may request another person to write the will, but there must be at least two witnesses. The testator must sign or fingerprint the will in the presence of the witnesses; the witnesses shall acknowledge the signature or fingerprint of the testator and sign the will.

The will must be made in compliance with articles 631 and 632 of this Code.

Thus, according to the above regulations in Vietnam, the testator is not required to write or type the will himself, but can ask someone else to write or type the will, but there must be at least two witnesses.

Best regards!