The Supreme People's Court of Vietnam: Benchbook Online

Main tasks and practical skills:

• Lawfull wills (in accordance with the Civil Code 1995):
  - Oral wills (Article 654 Civil Code 1995, Article 651 Civil Code 2005);
  - Unwitnessed written wills (Article 658 Civil Code 1995, Article 655 Civil Code 2005);
  - Witnessed written wills (Article 659 Civil Code 1995, Article 656 Civil Code 2005);
  - Wills at a notary office or the people's committee of the commune, ward or township (Article 661 Civil Code 1995, Article 658 Civil Code 2005);
  - Written wills valid as though notarized or certified (Article 661 Civil Code 1995, Article 658 Civil Code 2005);
  - Wills prepared by notary public officers at places of residence (Article 664 Civil Code 1995, Article 661 Civil Code 2005);
  - Written witnessed wills at a notary office or the people's committee of the commune, ward or township;
  - Written wills with the same validity as wills at a notary office or the people's committee of the commune, ward or township (from item 1 to item 6 Article 663 Civil Code 1995, Article 660 Civil Code 2005).
• The above wills are described in detail with the critierion for their legitimacy. Wills may be divided into 2 categories: those with and those without notarization and certification. The latter shall be lawful once they are in compliance with conditions prescribed by laws for this catagory of will; the former are only lawful once made in compliance with procedures prescribed by law.
• Defining the time of  the legal effectiveness of wills:
  - A will shall become legally effective from the time of commencement of the inheritance. Before the commencement of the inheritance, the deceased has full competence to amend, add, change or revoke the will. Hence, lawful wills must be in compliance with applicable laws immediately before the commencement of the inheritance, while the deceased is still clear-sighted and fully competent to act in compliance with laws and regulations.
  - Defining the time of  the legal effectiveness of wills made before 10 September 1990: pursuant to Circular No. 81/TANDTC dated July 24th 1981 of the Supreme People’s Court.
  - Defining the time of the legal effectiveness of wills made from Sep 10th 1990 July 01st 1996: pursuant to Ordinance on inheritance passed by the State Council dated Aug 30th 1990 (in force from Sep 10th 1990); Resolution No. 02/HDTP dated Oct 19th 1990 of Judges’ Council of the Supreme People’s Court guiding the application of some provisions of the Ordinance on inheritance.
  - Defining the time of the legal effectiveness of wills from July 01st 1996 till now : pursuant to the Civil Code.