Tiếng Việt
Table of Contents
1. Regulations on agreements on division of inheritance
2. Cases requiring notarization of documents declaring inheritance
3. Regulations on notarization of documents declaring inheritance
4. Posting of acceptance of notarization of documents declaring inheritance
1. Regulations on agreements on division of inheritance
Pursuant to Article 656 of the 2015 Civil Code about the Meeting of heirs:
“1. After being notified of the commencement of an inheritance, or after a will has been announced, the heirs may meet to agree on the following matters:
(a) If the testator has failed to appoint an administrator of the estate or a distributor of the estate, or has not determined the powers and obligations of such persons, the appointment of such persons and the determination of their powers and obligations, as the case may be;
(b) Method of distributing the estate.
2. All agreements by the heirs must be made in writing.”
Thus, according to the above provisions, the agreement on dividing the inheritance is an agreement of the heirs to divide the estate, the rights and obligations of the parties, the method of dividing the estate and the agreement must be made in writing.
2. Cases requiring notarization of inheritance declaration documents
Pursuant to Clause 1, Article 58 of the 2014 Notary Law, the case of notarization of inheritance declaration documents is as follows: “A sole estate heir or co-heirs at law who agree not to divide the estate may request notarization of his/her/their written declaration(s) for acceptance of the estate.”
3. Regulations on notarization of inheritance division agreement documents
Pursuant to Clause 2, Article 58 of the 2014 Notary Law, The notarization of written declarations for acceptance of estate must comply with Clauses 2 and 3, Article 57 of the 2014 Notary Law, accordingly:
“2. 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.
3. 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.”
4. Posting the acceptance of notarization of documents declaring inheritance
Pursuant to Article 18 of Decree No. 29/2015/ND-CP stipulating the acceptance of notarization of documents declaring inheritance shall be implemented as follows:
“Article 18. Posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception.
1. 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.
2. 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.
3. 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.”