Mrs. Kim has a bank connection and is required to have a notarized and divisional agreement. Kim and her husband have no children, and their parents are deceased. She provided documents such as household registration book, marriage certificate, death certificate but the bank did not accept it.

Ms. Kim asked the competent authority to consider and handle her case.

The State Bank of Vietnam responded to this issue as follows:

Regarding inheritance rights, inheritance and inheritance procedures, the 2015 Civil Code stipulates as follows: Property is objects, money, valuable papers and property rights (Article 105).

The estate includes the separate property of the deceased, the share of the deceased's property in the common property with others (Article 612).

Legal heirs: “1. The legal heirs are specified in the following order:

a) The first line of inheritance includes: Wife, husband, natural father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;

… 2. Heirs of the same row shall enjoy an equal share of the estate…” (Article 651).

The Law on Notarization 2014 stipulates notarization of the agreement on division of estate:

"1. The legal or will-based heirs who in the will do not clearly identify the portion of the inheritance to be enjoyed by each person, have the right to request notarization of the written agreement on the division of the estate...

2. In case of legal inheritance, the notarization request must contain papers proving the relationship between the estate leaver and the inheritor according to the provisions of law on inheritance. In case of inheritance under a will, a copy of the will must be included in the request for notarization” (Article 57).

Notarization of the document declaring the inheritance:

"1. The only person who is entitled to the estate according to the law or those who are jointly entitled to the estate under the law but have agreed not to divide the estate have the right to request the notarization of the document declaring the estate.

2. The notarization of the document declaring the inheritance shall comply with the provisions of Clauses 2 and 3, Article 57 of this Law” (Article 58).

Authorization to use payment account

According to Circular No. 23/2014/TT-NHNN dated August 19, 2014 guiding the opening and use of payment accounts at payment service providers (amended and supplemented) stipulates:

- The current account holder is authorized to allow others to use his/her payment account. The authorization in the use of a payment account must be in writing and comply with the law on authorization.

In order to authorize in the use of a payment account, the account holder must send the payment service provider where the account is opened a written authorization along with a sample registration form of the signature and a copy of the identity card or passport. the time limit of the authorized person (if the copy is not authenticated, the original must be presented for comparison) (Article 4).

- The current account holder has the rights: authorize others to use the payment account as prescribed in Article 4 of this Circular; other rights as prescribed by law or under a prior written agreement between the account holder and the payment service provider that is not contrary to the provisions of current law (Clause 1, Article 5).

Legal heirs are entitled to inherit the estate of the deceased

Decree No. 101/2012/ND-CP dated November 22, 2012 of the Government on non-cash payments (amended and supplemented) providing for the closing of payment accounts and handling of balances when closing the payment account as follows:

"1. The closing of the current account is made when:

 ... b) The account holder being an individual is dead, missing or has lost his/her civil act capacity;…

2. Handling balance when closing payment account:

a) Make payments at the request of the account holder or the heir or legal representative of the inheritance in the event the account holder is an individual dies…,” (Article 13).

Circular No. 23/2014/TT-NHNN dated August 19, 2014 guiding the opening and use of payment accounts at payment service providers (amended and supplemented) stipulates as follows:

"1. A payment service provider shall close a customer's payment account in the following cases:

… b) An individual's current account holder is dead, declared dead, missing or has lost his/her civil act capacity;…

4. The remaining balance after closing the payment account is handled as follows:

a) Payment at the request of the account holder; guardian, legal representative of the account holder in case the account holder is a person under 15 years of age, a person with limited civil act capacity, a person who has lost his/her civil act capacity, a person with financial difficulties. perceive, act, or act as an heir or an inheritance representative in case an individual's current account holder dies, is declared dead or missing;…” (Article 18).

Pursuant to the above provisions, the lawful heir is entitled to inherit the estate of the deceased. Procedures for receiving the inheritance of a deceased person's estate shall comply with the provisions of the Civil Code, the Law on Notarization and other provisions of the law on inheritance.

According to a report from the bank where Ms. Kim's husband opened an account, the bank received a call from her asking to withdraw the balance from the deceased husband's ATM card account.

Accordingly, the bank instructed Ms. Kim to provide necessary documents in accordance with the bank's regulations and the law to make the withdrawal.

However, Mrs. Kim could not provide a notarized copy of the agreement on division of the estate or the declaration of receipt of the inheritance and the letter of authorization (if any) because the notary offices were closed at that time due to the COVID-19 epidemic. 19.

Because the bank documents requested by Ms. Kim to provide are basic and important documents to prove the legal heir to the customer's estate as well as ensure the bank's compliance with the provisions of the law. According to the law on inheritance, Mrs. Kim needs to provide all the documents as required by law.

In addition, the bank also suggested that Ms. Kim contact the transaction office directly for support and guidance to resolve quickly and in accordance with regulations.