Latest Testament Form 2023 in Vietnam

In this article, Lac Duy & Associates is pleased to send you some commonly used testament forms in Vietnam drafted by Lac Duy & Associates. Specifically as follows:

1. What is a testament? Classification of testaments

As defined in Article 624 of the Civil Code No. 91/2015/QH13 promulgated by the National Assembly of the Socialist Republic of Vietnam on November 24, 2015, effective from January 1, 2017 (“Civil Code“), “a testament is an indication of an individual’s will to transfer his/her property to others after death”.

From the above concept it is understandable that the testament is a unilateral legal act that expresses the will and desire for the division of the estate of the testators’ estate their death. A testament is also one of the very important documents for resolving legal disputes over inheritance rights and inheritance under the laws of Vietnam and the world.

According to the provisions of Article 627, Article 628 and Article 629 of the Civil Code, testaments are classified into 02 (two)  categories as written testaments and  oral testaments  as follows:

• Written testaments include: (1) Written testament without witnesses, (2) Written Testaments with witnesses, (3) Written Testaments with certified documents, (4) Certified written Testaments;

• Oral testaments: Oral testaments can be made in cases wherea person’s life is threatened by death and a written testament cannot be made. After 03 months from the time of oral testaments, if the testator is still alive, sane and wise, oral testaments shall be automatically annulled.

2. Contents of testaments

According to Article 631 of the Civil Code, the testament consists of the following main contents:

“1. A testament consists of the following main contents:

a) The date of making a testament;

b) Full name and place of residence of the testament-making person;

c) Full name of the person, agency or organization entitled to the estate;

d) Heritages left behind and places where heritages are available.

2. In addition to the contents specified in Clause 1 of this Article, the testament may have other contents.

3. A testament must not be abbreviated or written with the symbol, if the testament consists of multiple pages, each page must be numbered and signed or pointed by the testator.

In case of erasing or correcting a testament, the person who writes the testament himself/herself or the witness shall sign next to the place where the testament is erased or corrected.”

In addition to the above-mentioned main contents, when drafting and making a testament, it is necessary to add other relevant contents to limit disputes that arise later.

3. Wills commonly used in 2023

Please refer to some will forms drafted and compiled by Lac Duy & Associates as follows:

3.1 Written testament form without witnesses: [View detail]

3.2 Written testament form with witnesses: [View detail]

3.3 Written testament with certified documents: [View Detail]

Above are some wills in accordance with the new provisions of Vietnamese law in 2021. In case there is any question, readers can contact Lac Duy & Associates for timely support at:

• Phone: + 84 (28) 3622 1603
• Email: info@lacduy-associates.com or lacduy@lacduy-associates.com

Best regards.