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  3. Is an adopted child in Vietnam entitled to inherit an estate left by the deceased in the same manner as a biological child? What are judgments related to this issue?
07/12/2024 14:26

Is an adopted child in Vietnam entitled to inherit an estate left by the deceased in the same manner as a biological child? What are judgments related to this issue?

Is an adopted child in Vietnam entitled to inherit an estate left by the deceased in the same manner as a biological child? What are judgments related to this issue?

According to the current legal regulations in Vietnam, is an adopted child entitled to inherit an estate left by the deceased in the same manner as a biological child?

Is an adopted child in Vietnam entitled to inherit an estate left by the deceased in the same manner as a biological child?

Adopted children and adoptive parents inherit each other's estate and are also entitled to inheritance according to the provisions of Article 651 and Article 652 of the Vietnam Civil Code 2015.

Pursuant to Article 651 of the Vietnam Civil Code 2015, the legal heirs are defined as follows:

- Heirs by law are determined in the following order:

+ The first line of heirs includes: the wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of the deceased;

+ The second line of heirs includes: the paternal grandparents, maternal grandparents, siblings of the deceased; the grandchildren of the deceased whose parental link to the deceased is via paternal or maternal grandparents;

+ The third line of heirs includes: the great-grandparents of the deceased; uncles, aunts, and other extended family members; the grand-nephews and grand-nieces of the deceased;

- Heirs in the same line are entitled to equal shares of the estate.

- Those in a subsequent line of heirs only inherit if there is no one left in a preceding line due to death, disqualification from inheritance, being deprived of inheritance rights, or declining the inheritance.

Thus, adopted children are similar to biological children in belonging to the first line of heirs; furthermore, current law specifies that individuals in the same line of heirs receive equal shares of an estate. Consequently, if the adoptive parents pass away, adopted children are entitled to inheritance just like biological children.

However, not all adopted children are legally recognized and entitled to inheritance like biological children; the adoption must be legal according to the Vietnam Adoption Law 2010.

What are judgments on inheritance division for adopted children in Vietnam?

Below is a compilation of court rulings on inheritance division for adopted children adjudicated by courts in Vietnam:

No. Judgment Title Issue Date Adjudicating Body
1 Judgment 247/2024/DS-PT on dispute over the recognition of a will and recovery of assets April 26, 2024 High People's Court in Ho Chi Minh City
2 Judgment 25/2024/DS-PT on inheritance division, compensation distribution, annulment of inheritance acceptance documents, refusal of inheritance statements April 25, 2024 People's Court of Lang Son Province
3 Judgment 172/2024/DS-PT on inheritance dispute April 8, 2024 High People's Court in Ho Chi Minh City
4 Judgment 61/2024/DS-PT on inheritance dispute April 3, 2024 People's Court of Vinh Long Province
5 Judgment 180/2023/DS-PT on inheritance asset dispute, ownership rights dispute, and other rights regarding assets, asset recovery lawsuit May 15, 2023 People's Court of Dak Lak Province
6 Judgment 19/2024/DS-PT on dispute over the annulment of an agreement on inheritance division document January 10, 2024 People's Court of Long An Province
7 Judgment 866/2023/DS-PT on inheritance disputes, request for declaration of void wills, void inheritance declaration documents, annulment of specific administrative decisions December 28, 2023 High People's Court in Ho Chi Minh City
8 Judgment 385/2023/DS-PT on dispute over donation contract for land use rights, inheritance of land use rights October 25, 2023 People's Court of Ca Mau Province
9 Judgment 498/2023/DS-PT on inheritance division dispute September 29, 2023 People's Court of Hanoi
10 Judgment 289/2023/DS-PT on asset inheritance dispute and request to annul land use rights certificate (no will left) September 27, 2023 High People's Court in Da Nang
11 Judgment 480/2023/DS-PT on inheritance division dispute September 27, 2023 High People's Court in Hanoi
12 Judgment 175/2023/DS-PT on dispute over inheritance assets September 20, 2023 People's Court of Lam Dong Province
13 Judgment 129/2023/DS-PT on dispute over inheritance assets September 14, 2023 People's Court of Binh Dinh Province
14 Judgment 24/2023/DS-ST on contract dispute over land use rights transfer, inheritance division August 16, 2023 People's Court of Tay Son District, Binh Dinh Province
15 Judgment 527/2023/DS-PT on dispute over inheritance assets August 7, 2023 High People's Court in Ho Chi Minh City
16 Judgment 217/2023/DS-PT on dispute over the request to declare notarized documents void, void will, land use rights, inheritance asset ownership rights June 27, 2023 People's Court of Long An Province
  • - This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
  • - Articles may be compiled from a variety of sources;
  • - Applicable Terms may have expired at the time you are reading;
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