What is the fee for notarization of wills in 2024 in Vietnam? Can a testator request another person to write the will according to the law in Vietnam?

What is the fee for notarization of wills in 2024 in Vietnam?

Pursuant to Clause 3 Article 4 of the Circular 257/2016/TT-BTC stipulating fees for notarization of wills regardless of the value of property or the value of contract/ transaction:

Therefore, the fee for notarization of wills in 2024 in Vietnam is VND 50,000/ case.

What is the fee for notarization of wills in 2024 in Vietnam? Can a testator request another person to write the will according to the law in Vietnam? - image from internet

Where can the notarization of a will for real estate be done in Vietnam?

Pursuant to Article 42 of the Law on Notarization in 2014 stipulating scope of notarization of real estate contracts or transactions:

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.

Pursuant to Article 56 of the Law on Notarization in 2014 stipulating notarization of testaments:

Notarization of testaments

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.

As above regulations, the notarization of a will for real estate can be done at notary bureaus and notary offices. In addition, the current law does not require the notarization of a will for real estate to be done at the location of the real estate.

Can a testator request another person to write the will according to the law in Vietnam?

Pursuant to Article 634 of the Civil Code in 2015 stipulating witnessed written wills:

Witnessed written wills

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.

As above regulations, 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.

Best regards!