Notarization of testaments will give the testament a higher legal effect than other forms of testaments. So what are regulations on Notarization of testaments in Vietnam.
Article table of contents
Regulations on Notarization of testaments in Vietnam(Source: internet)
- Right to request notarization of testaments in Vietnam:
A testator shall personally request notarization of his/her testament but may not authorize another person to request the notarization.
Thus, only the testator has the right to request notarization of the testaments.
- In the case of a refusal to notarize a testament:
The notary public shall request the testator to clarify the testament. The notary shall request the testator to clarify the matter or may refuse to notarize that testamen if:
+ There are suspicion that the testator has a mental disease or another disease making him/her unable to perceive and control his/her act;
+ There are grounds to believe that the testament has been made deceitfully or under threat or coercion.
- Types of documents the person requesting notarization of testaments must present in Vietnam:
The person requesting notarization of a testament must present the following documents:
+ A notarization request form containing information such as the notarization requester's full name and address, the contents to be notarized, and a list of enclosed papers; the name of the notarial practice organization; the full name of the person receiving the notarization request dossier; the time of receiving the dossier;
+ A copy of the identity document of the notarization requester;
+ A copy of the certificate of ownership, right to use, or a copy of a substitute paper required by law for the property for which the law requires registration of ownership or use right in the case of a contract, transactions involving that asset;
Note: In case the life of a testator is under threat, the notarization requester is not required to produce all the papers but shall clearly state such in the notarized document.
-Notarization of the amendment, supplement, and replacement of the testament in Vietnam:
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.
(Article 56 of the Law on Notaries 2014).
Diem My
