Is it legal to make wills by recording in Vietnam?

Is it legal to make wills by recording in Vietnam?

Article 628 of the 2015 Civil Code stipulates written wills are as follows:

Written wills comprise:

1. Unwitnessed written wills;

2. Witnessed written wills;

3. Written wills which are notarized;

4. Written wills which are certified.

According to Article 629 of the 2015 Civil Code, oral wills are prescribed 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.

Pursuant to Article 630 of the 2015 Civil Code, lawful wills are defined 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, at present, the law only recognizes two forms of wills in Vietnam: written wills and oral wills, there is no provision to recognize wills in the form of recording. 

In this case, your mother can go to the notary's office to make a will and the will is considered legal if the above conditions are met in Vietnam.

What are procedures for preparation of wills at notary office in Vietnam?

Article 636 of the 2015 Civil Code stipulates the procedures for preparation of wills at notary office or people's committee of commune as follows:

The preparation of a will at a notary office or the people's committee of the commune must comply with the following procedures:

1. The testator shall declare the contents of his or her will to a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer or the person having the authority to certify must record the wishes stated by the testator. The testator shall sign or fingerprint the will after acknowledging that it has been recorded accurately and that it expresses faithfully the intentions of the testator. Thereafter, the notary public officer or the member of the people's committee of the commune shall sign the will;

2. Where the testator is not able to read or hear the will or not able to sign or fingerprint it, there must be a witness who must acknowledge the will by signing it before a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer shall notarize the will, or the member of the people's committee of the commune who has the authority to certify the will shall certify it, in the presence of the testator and the witnesses.

The above are procedures for preparation of wills at notary office in Vietnam. You can consult and then pass it on to your mother so that she can make a will at the notary office.

Are wills made by serving soldiers legal when not notarized in Vietnam?

According to Article 638 of the 2015 Civil Code, written wills valid as though notarized or certified as follows:

1. A written will made by a serving soldier who is not able to request a notarization or certification of his or her will provided that such will is certified by the head of his or her unit having the rank of a company commander or higher.

2. A written will made by a person travelling on a seagoing vessel or aircraft provided that the will is certified by the captain of the vessel or aircraft.

3. A written will made by a person undergoing medical treatment in a hospital or other medical establishment or sanatorium provided that the will is certified by the person in charge of such hospital or establishment or sanatorium.

4. A written will made by a person conducting surveys, explorations or research in mountainous areas, forests or offshore islands provided that the will is certified by the person in charge of the unit.

5. A written will made by a Vietnamese citizen residing abroad provided that the will is certified by a Vietnamese consular or diplomatic representative mission in that country.

6. A written will made by a person held in temporary detention, serving a prison sentence or administrative penalty, or at an educational or medical facility provided that the will is certified by the person in charge of such facility.

Therefore, according to the above provisions in Vietnam, the will made by a serving soldier will be legal and valid as a notarized will when it is certified by the head of his or her unit having the rank of a company commander or higher.

Best Regards!