THỰC TRẠNG PHÁP LUẬT VỀ THỦ TỤC KHAI NHẬN DI SẢN VÀ PHÂN CHIA DI SẢN THỪA KẾ BẰNG PHƯƠNG THỨC CÔNG CHỨNG, CHỨNG THỰC

Abstract

The article analyzes the current status of the law on procedures for declaration and division of inheritance through notarization and authentication in Vietnam – a mechanism recognized by law to ensure efficiency, convenience, and cost-effectiveness compared to court proceedings. However, practical application reveals numerous shortcomings, both in the legal provisions themselves and in their interpretation and implementation across different localities, ranging from issues of jurisdiction and formal requirements of documents to procedures of public posting and authentication. The article identifies four major categories of deficiencies, namely: the lack of consistency among legal instruments, conflicts between regulations on notarization and land registration, inadequacies concerning authorization related to the place of authentication, and legal gaps regarding the time limits for complaints and denunciations. On this basis, the author proposes several specific legislative solutions to improve the legal framework, enhance transparency, and strengthen the effectiveness of inheritance settlement through notarization and authentication.