Guidelines for posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception in Vietnam

Guidelines for posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Guidelines for posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception in Vietnam

Guidelines for posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception in Vietnam under Article 18 of Decree 29/2015/ND-CP as follows:

- The reception of orders for notarization of agreements on division of inheritance, declaration of inheritance reception must be posted for 15 days.

The document shall be posted by the notary organization at the People’s Committee of the commune where the last permanent residence of the inheritance leaver; if such residence is not identifiable, the document shall be posted where the last temporary residence of such person is located.

If the inheritance comprises both real estate and movable estate or the inheritance is only real estate, the document shall be posted in accordance with this Clause at the People’s Committee of the commune where the real estate is located.

If the inheritance comprises only movable estate, the notary office and the deceased’s last permanent or temporary residence are not in the same province, then the notary office may request the People’s Committee of the commune where the deceased’s residence is located to impose the deadline for posting.

- The document must specify the full name of the deceased; full names of beneficiaries; relationships of beneficiaries and the deceased, the list of inheritance.

The posted document must specify that any complaint or denunciation against unintentional or deliberate omission of inheritance beneficiaries or inheritors; the inheritance is not under the ownership of the deceased has been sent to the notary office which posts the document.

- The People’s Committee of the commune where the document is posted shall confirm the receipt of the posted document and protect the document throughout the posting period.

2. Regulations on notarization of written agreements on division of estate in Vietnam

Regulations on notarization of written agreements on division of estate in Vietnam under Article 57 of the Law on Notarization 2014 are as follows:

- The heirs at law or under a testament which does not specify the portion of the estate to be enjoyed by each heir may request notarization of their written agreement on the division of the estate.

In the written agreement on the division of the estate, an heir may donate the whole or part of his/her portion of the estate to another heir.

- In case the estate is land use rights or an asset subject to ownership registration under law, the notarization request dossier must comprise the papers proving the estate leaver’s land use rights or ownership of that estate.

In case of inheritance under law, the notarization request dossier must comprise the papers proving the relationship between the estate leaver and the estate heir in accordance with the law on inheritance. In case of inheritance under a testament, the notarization request dossier must comprise a copy of the testament.

- A notary shall verify whether an estate leaver is the person having land use rights or asset ownership and the notarization requesters are estate heirs; if suspecting or having grounds to believe that the leaving and inheritance of the estate are unlawful, the notary may reject the notarization request or conduct verification or solicit assessment at the request of the notarization requester.

Notarial practice organizations shall post up information on the acceptance for notarization of written agreements on division of estate before conducting the notarization.

- A notarized agreement on division of estate serves as a basis for competent state agencies to register the transfer of land use rights or asset ownership to estate heirs.

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