Pursuant to Clause 2, Article 59 of the 2024 Notary Law, the notary of specific inheritance division documents is regulated as follows:
Article 59. Notarization of heritage division documents
1. The heir is entitled to notarize the inheritance division document according to the law or by will.
Notaries are responsible for inspecting and ensuring that the division of inheritance is carried out in accordance with the provisions of the Civil Code and other relevant legal provisions.
2. In addition to the documents specified in Clause 1, Article 42 or Clause 1, Article 43 of this Law, the dossier requesting notarization of the inheritance division document must also have the following documents:
a) Death certificate or other documents as prescribed by law proving the deceased testator.
b) Inheritance in case of inheritance by will; documents proving the relationship between the testator and the inheritor in case of inheritance by law and in case the inheritor does not depend on the content of the will as prescribed by the Civil Code.
c) Documents proving the right to use land and own property of the testator in cases where the inheritance is a right to use land or a legal property that requires registration of ownership.
5. The procedure for notarizing documents on dividing assets as prescribed in Clauses 2, 3 and 4 of this Article also applies to cases of inheritance by will or inheritance by law with only 1 heir.
6. The notarized inheritance division document is the basis for the competent state agency to register the transfer of land use rights and property ownership rights to the inheritance beneficiary.
Thus, the land inheritance records include:
- Draft a document refusing to receive inheritance if it has been prepared (there is no need for this document if a notary is required to draft it).
- Copies of the notary's identification documents, including: ID card or passport or other documents to identify the identity of the notary's notary as prescribed by law.
- Copies of the certificate of ownership rights, land use rights or judgments, decisions of the Court or other decisions of competent state agencies on handling assets or documents replacing those prescribed by law for assets that are required by law to register ownership rights and use rights in cases of transactions related to those assets.
- Copies of other documents related to transactions that are required by law.
+ In case the notary organization has exploited the information specified in Points b, c and d, Clause 1, Article 42 of the 2024 Notary Law in the National Population Database or other databases as prescribed by law, the notary does not have to submit these documents but must pay data mining fees as prescribed by law to organize the notary practice of data mining.
- Death certificate or other documents as prescribed by law proving the deceased testator.
- Inheritance in case of inheritance by will; documents proving the relationship between the testator and the inheritor in case of inheritance by law and in case the inheritor does not depend on the content of the will according to the provisions of the Civil Code.
- Documents proving the right to use land and own property of the testator in cases where the inheritance is a legal right to use land or property and require registration of ownership.
Accordingly, heirs under law or in will have the right to notarize the inheritance division document.
