Procedures for Notarizing Documents of Inheritance Division Agreements, Notarizing Documents of Inheritance Acknowledgement

The issuance of the Decision by the Ho Chi Minh City People's Committee is based on the fee framework of Joint Circular No. 92/2008/TTLT-BTC-BTP, which is in accordance with regulations. The STP annually issues inspections of the certification work at the District Justice Department. Immediately after Decree 79 took effect, the provinces and cities organized training courses on the new regulations. Localities organized training sessions, professional exchanges, and promptly resolved difficulties in certification. According to Joint Circular No. 01, the STP is a specialized agency under the Provincial People's Committee, advising and assisting the Provincial People's Committee in performing the State management function in areas including certification . Guiding, inspecting, and fostering professional skills for specialized agencies under the District People's Committee and Civil Status Justice officers under the Commune People's Committee on issuing copies from originals, certifying copies from originals, and certifying signatures. The STP issues documents guiding professional activities such as issuing official dispatches guiding professional activities on certification such as Official Dispatch No. 04/STP-BTTP dated January 4, 2012 of the STP of Ho Chi Minh City on a number of issues related to certification activities sent to: People's Committees of districts. Or the STPs develop plans to periodically inspect every six months and every year the certification work on the issuance of copies from the original, certification of copies from the original, and certification of signatures. To carry out the State management of certification, increase efficiency, and improve the quality of certification activities. The STP has organized many training courses on certification for staff directly involved in certification work. At the same time, there are documents guiding professional activities to resolve arising problems and difficulties in the certification work of districts, communes, wards, and towns. Every quarter, the STP organizes judicial conferences with the district and commune level judicial offices and participates in judicial conferences in communes, wards and towns on judicial work, including certification. The STP organizes working groups to go to the grassroots level, and also organizes training conferences. Furthermore,

Inspection and examination work is also of interest to the Departments. Every year, the STP organizes inspections of judicial work, including certification.

*/ The District People's Committee performs state management of issuing copies from originals, certifying copies from originals, and certifying signatures in its locality with the following duties and powers: Providing guidance and professional training to the Commune People's Committee on certification; Inspecting, examining, and resolving complaints and denunciations about certification; Synthesizing the situation and statistical data on certification to report to the Provincial People's Committee every 6 months and annually.

In addition, according to Joint Circular No. 01, the Department of Justice is a specialized agency under the People's Committee at the district level; advising and assisting the People's Committee at the district level in performing the function of State management on authentication and other judicial work as prescribed by law, with the following tasks: Guiding, inspecting, and training professional civil servants under the People's Committee at the commune level on authentication; Certifying copies from originals of documents and papers in foreign languages; Certifying signatures of translators in documents and papers from foreign languages into Vietnamese or from Vietnamese into foreign languages; Certifying signatures in documents and papers in foreign languages; Certifying other tasks as prescribed by law. In addition to organizing training and providing professional guidance to the People's Committee at the commune level in issuing copies from originals, certifying copies from originals, and certifying signatures. The People's Committee at the district level, specifically the Department of Justice, also periodically inspects the authentication work at the People's Committee at the commune level.

*/ The People's Committee at the commune level performs the function of State management of judicial work in the locality, with the following tasks and powers: Issuing copies from original books, certifying copies from originals of documents and papers in Vietnamese; certifying signatures on documents and papers in Vietnamese; certifying other matters as prescribed by law.

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Above is the system of state agencies in implementing state management of certification. In the process of certification management, it is necessary to conduct a comprehensive assessment of certification work.

2.2. Method of performing authentication

2.2.1. Some authentication procedures

According to Decree 79, the procedures for certification are very simple, creating favorable conditions for citizens. The procedures for copies from originals at district and commune levels are the same, and the procedures are relatively simple. The person requesting certification only needs to present: the original and the copy to be certified. The person performing the certification must check the legality of the original. If the original is found to be forged, the person requesting certification must prove it. If the proof cannot be proven, the certification will be refused. The person performing the certification compares the copy with the original. If the copy is identical to the original, it will be certified. When certifying a copy from the original, the person performing the certification must clearly state "certifying the copy as true to the original", the date, month, year of certification, sign, clearly state the full name and stamp of the competent certifying authority. The signature certification procedure is also very simple, receiving a certification request during the morning or afternoon working hours must be certified immediately during that working session. In case of a large number of certification requests, the certification can be rescheduled for later certification but not more than 2 working days.

New legal regulations have been added on fingerprint authentication to overcome the missing regulations in Decree No. 79. According to Circular No. 19/2011/TT-BTP dated October 31, 2011 amending and supplementing Clause 4 of Circular No. 03/2008/TT-BTP, which specifically stipulates the fingerprint authentication method, citizens have the right to request competent authorities to authenticate their signatures in documents and papers. If the person you love

If the person requesting the notarization cannot sign due to a disability or inability to sign, the notarization of the signature shall be replaced by the notarization of the fingerprint. In case the person requesting the notarization uses the right index finger, if the right index finger cannot be used, the person requesting the notarization shall use the left index finger. In case the person requesting the notarization cannot be used with the two index fingers, the person requesting the notarization shall use another finger and it must be clearly stated which finger and which hand the fingerprint is used with. For foreign documents and papers, the law stipulates that fingerprint authentication is not required.

2.2.1.1. Procedures for notarizing documents on inheritance division agreements and notarizing documents on inheritance declaration

The procedures for notarizing a document on inheritance division agreement and notarizing a document on inheritance declaration are the same. The person requesting notarization must present documents proving the ownership and right to use the property of the person leaving the inheritance, documents proving the relationship between the person leaving the inheritance and the beneficiary according to the provisions of the law on inheritance, with a guarantee and responsibility for not omitting any legal heirs.

2.2.1.2 . For signature certification procedures

According to the provisions of Decree No. 79, the person requesting signature certification only needs to present the following documents: identity card or passport or other identification documents and the documents and papers that he/she will sign. The person requesting certification must sign in front of the person performing the certification. The person performing the certification must clearly state the date, month, year of certification; the location of certification; the identification number of the person requesting certification, the date of issue, the place of issue; the signature on the documents and papers is the signature of the person requesting certification. Then sign and clearly state the full name and stamp the seal of the competent certification authority. In addition, the district-level PTP is authorized to perform the certification of the translator's signature. The translator must guarantee and be responsible for

The accuracy of the translation. The translator is a collaborator of PTP, must sign a translation contract with the Head of the Department of Justice, in which he commits to perform the translation accurately and must comply with the translation regulations of the Department of Justice. The procedure for certifying the translator's signature, the first page of the translation must clearly state the word "TRANSLATION" in the blank space on the upper right. If the translation has two or more pages, the pages must be numbered in order and the pages must be sealed. The translation must be attached to a copy of the document to be translated.

2.2.1.3. For contract authentication procedures

According to the provisions of the 2006 Notarization Law, contracts and written transactions that have been notarized according to the provisions of this Law are called notarized documents. According to the provisions of the law, notarized documents include the following contents: contracts, transactions and notary's testimony. Notarized documents are effective from the date they are signed by the notary and stamped by the notary organization. The transfer of contracts and transactions to notary organizations is regulated in Circular No. 03/2008/TT-BTP dated August 25, 2008 of the Ministry of Justice guiding Decree 79 (Circular No. 03). In order to create conditions for the District Justice Department and the Commune People's Committee to focus on performing well the work of certifying copies and signatures according to the provisions of Decree No. 79. At the same time, gradually transfer contracts and transactions to notary organizations to perform in accordance with the spirit of the Notary Law, contributing to ensuring legal safety for contracts and transactions of individuals and organizations. The Provincial People's Committee implements measures to develop notary organizations in the locality. Based on the development situation of notary organizations, decide to assign contracts and transactions to notary organizations to perform. In case there is no notary organization in the district, the person participating in the contract or transaction

may choose to have notarization performed by a notary public organization in another locality or by the People's Committee at the commune level certified according to the provisions of law. Decree No. 88/2009/ND-CP dated October 19, 2009 (Decree No. 88) clearly stipulates the responsibility of the Provincial People's Committee in considering and deciding to transfer the certification of contracts and transactions that the People's Committees at the district and commune levels are performing to the notary public organization. Some localities have carried out the transfer, however, for localities where the notary public organization is not evenly distributed and has not carried out the transfer, the contract certification is still performed by the Department of Justice.

Contract authentication is performed in two cases:

- Authenticate contracts and transactions related to real estate under the jurisdiction of the district, county, or town;

- Notarization of contracts and transactions related to real estate with a value of less than 50 million VND;

Decree No. 79 replaces the regulations on certification of copies and signatures in Decree No. 75. Regarding the certification of contracts and transactions, the regulations of Decree No. 75 are still applied to localities that have not yet implemented the transfer. To certify a contract, citizens can draft a contract and then request the District Justice Department to implement it or request the Justice Department to draft it according to the form.

2.2.1.4. Procedure for performing contract authentication

*/ Receive and check documents submitted and presented by the person requesting certification to prepare a certification file:

The person requesting certification must:

- Submit a request for Contract Certification

- Submit a pre-drafted contract (in case the Department of Justice requests it, the Department will prepare it): The person requesting certification must present

have all necessary documents related to the certification and be responsible for the legality of those documents.

- For documents that have been presented in original, a photocopy of the identification document for individuals and a photocopy of the document for organizations must be submitted. For documents proving ownership or right to use property, in addition to presenting the original, the requester must also submit a photocopy. If the person performing the certification discovers that the document shows signs of being fake during the inspection, the certification will not be granted.

- In cases where the law stipulates that certification requires a witness or where the law stipulates that certification does not require a witness but the person requesting certification cannot read, hear, sign or fingerprint, there must be a witness. The witness is appointed by the person requesting certification. If they cannot appoint a witness or in an emergency, the person performing the certification shall appoint a witness. The witness must meet the requirements regarding age, civil capacity, and have no rights, interests or property obligations related to the certification.

*/ Prepare notarized documents:

- The person performing the certification determines the civil capacity of the person requesting the certification and finds that the content of the pre-drafted contract is not contrary to the law or social ethics, then performs the certification.

- In case the contract content is illegal, contrary to social ethics or is not drafted properly, the contract must be amended or supplemented; if the person requesting the notarization does not agree with the amendment or supplement, it will not be certified. At the same time, when performing the notarization, the requirements for the handwriting in the notarized document for the contract must be met. After fully meeting the conditions for notarization, the person performing the notarization will sign the notarized document.

*/ The person performing the certification must refuse to perform the certification in the following cases:

 Knowing or should know that the certification request or certification content is illegal or contrary to social ethics

 Certification related to assets and interests of oneself or relatives such as wife or husband, biological father, mother, father, mother, wife or father, mother-in-law, adoptive father, mother; biological children, adopted children, daughters-in-law, sons-in-law; paternal grandparents, maternal grandparents, biological siblings, siblings-in-law, adoptive siblings; grandchildren who are children of sons, daughters, adopted children

 The matter is not within the authority of the agency to certify

 There is a written request to suspend the certification by a competent state agency.

 Matters relating to the disputed certification request

 Other cases as prescribed by law.

 When refusing to certify a contract, if the person requesting certification requests, the person performing the certification must clearly explain in writing.

 The certification period shall not exceed 3 working days for simple contracts, not exceed 10 working days for complex contracts, and not exceed 30 working days for particularly complex contracts, from the date of acceptance.

Regarding the refusal to perform the authentication, the Notary and Authentication Law of 30.8.2011 of the Canton of Aargau, Switzerland provides for the refusal, according to which the certifier must refuse the authentication, if he himself is a participant or has a direct interest in the authentication or is a representative of a participant or has a direct interest in the authentication.

2.2.1.5. On transferring transaction contracts to notary organizations

The system of notary practice organizations has been developing strongly.

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