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
.Medium.png)
.Medium.png)
.Medium.png)
.Medium.png)
