Pursuant to Article 36 of Decree 08/2020/ND-CP, regulations related to the legal value of a notarized document are as follows:
- Post- playback a record of real events and acts as required by agencies, organizations and individuals nationwide, except for the cases specified in Article 37 of this Decree.
- The certificate does not replace notarized documents, certified documents, or other administrative documents.
- The certificate is a source of evidence for the Court to consider when handling civil and administrative cases according to the provisions of law; is the basis for conducting transactions between agencies, organizations and individuals according to the provisions of law.
Clause 4, Article 37 of Decree 08/2020/ND-CP stipulates cases where a notarized document cannot be issued, including:
- Cases specified in Clause 4, Article 4 of this Decree.
- Violating regulations on ensuring security and defense, including: Violating security and defense goals; exposing state secrets, disseminating information, documents, and items of state secrets; violating regulations on going in, out, in, and going in and out of the mud area, the protective area, the safety belt of security, defense works and military zones; violating regulations on protecting secrets, protecting security, defense works and military zones.
- Violating private life, personal secrets, family secrets as prescribed in Article 38 of the Civil Code; violating social ethics.
- Confirm the content and signing of the contract or transaction as prescribed by law within the scope of notarization and certification activities; confirm the accuracy, legality, and no conflict of social ethics of the translation of documents and papers from Vietnamese to foreign languages or from foreign languages to Vietnamese; confirm the signature and copy to the original.
Accordingly, in cases where the law requires a will to be notarized or certified or in cases where the testator requires notarization or certification of the will, the preparation of a land inheritance will cannot replace the notarization of the will.
