How many witnesses are required for an oral will in Vietnam? Can persons related to properties act as witnesses for an oral will in Vietnam?

How many witnesses are required for an oral will in Vietnam? 

Pursuant to Article 629 of the 2015 Civil Code provides for oral wills as follows:

1. Where a person is likely to die due to illness or any other reason and it is not possible for him or her to make a written will, such person may make an oral will.

2. If the testator is alive and is of sound mind three months after he or she has made an oral will, such will shall automatically become invalid.

In addition, Article 630 of the 2015 Civil Code provides for 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.

Thus, according to current regulations in Vietnam, your father can make an oral will. The making of a will requires at least two people and as soon as the testator orally expressed his last wishes before two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document.

Can persons related to properties act as witnesses for an oral will in Vietnam? 

In addition, Article 632 of the 2015 Civil Code also stipulates witnesses to making of will as follows:

Any person may act as a witness to the making of a will, except the following persons:

1. Persons who are heirs of the testator under the will or at law;

2. Persons with property rights or obligations which relate to the will;

3. Minors, legally incapacitated persons, persons with limited cognition and behavior control.

However, one of the two witnesses is you, who has property rights or obligations which relate to the will for which you are not considered to act as a witness. Therefore, your father's will does not have enough 2 witnesses, so it is not considered valid and will have to divide the inheritance according to the law in Vietnam.

Best Regards!