Can parents evict their children from home in Vietnam? Can a depraved child be deprived of the right to inherit in Vietnam?

Can parents evict their children from home in Vietnam?

My father beat me and evicted me from house, and said he would throw my belongings on the street. I don't mess with my dad, I don't play around, I don't make any noise, I go to work to support myself. It was only because my father had a new wife that he found an excuse to cause trouble and evicted me from house so that my father could stay with his new wife for comfort. My parents divorced when I was 2 years old, I lived with my mother. My father didn't have a penny to support us, never asked us how we lived. However, when I moved in, he caused trouble and beat and evicted me from house. So does my father have the right to do that? Please advise. Thank you!

Reply:

Article 69 of the Law on Marriage and Family 2014 stipulates obligations and rights of parents:

1. To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.

2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.

3. To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.

4. Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.

Thus, parents have the responsibility to love their children, respect their children's opinions, etc. Not to discriminatorily treat their children due to their gender or the marital status of the parents. Parents are not allowed to evict their children from house according to the law in Vietnam.

Can a depraved child be deprived of the right to inherit in Vietnam?

Hello! I have a question that I hope to receive advice and answers from you as follows: Ms. Hanh and Mr. Huy got married in 2000. 1 month after the wedding, Mr. Huy died, so they have not made a marriage registration certificate. Hanh has a son with her husband. Huy died leaving a piece of land (given by his family). In 2001, Ms. Hanh applied for inheritance and her husband's family accepted and transferred the land to Ms. Hanh in her name (notarized and authenticated). Now, Hanh's child is 18 years old but naughty. So Hanh does not want her children to manage and inherit that land, is it possible? Sincerely thank!

Reply:

According to Article 9 of the Law on Marriage and Family 2014 on marriage registration as follows:

1. A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.

A marriage which is not registered under this Clause is legally invalid.

2. A divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.

Because Ms. Hanh and Mr. Huy have not registered their marriage, they are not considered husband and wife and the son is an illegitimate child. At the same time, because at the time of his death, Huy had not yet completed the procedures to receive the child, so the father-son relationship had not yet formed between him and this son.

In terms of land: this land is transferred by the husband's family to Ms. Hanh in her name, so this will be a donation property according to the provisions of Article 457 of the Civil Code 2015:

Contract for a gift of property means an agreement between parties whereby the giver delivers its property and transfers its ownership rights to the recipient without requiring compensation and the recipient agrees to accept the gift.

Therefore, this land is the private property of Ms. Hanh. You completely have right to dispose of that land as sell or inherit it to whoever you want by making a will. She can also disqualify a number of legal heirs from inheriting rights (wife, husband, children, etc.) without giving reasons. You can designate one or more legal heirs who are not entitled to your inheritance in Vietnam.

Thus, when Ms. Hanh has all documents proving legal ownership of the land and the land, her own property, she has the right not to let her son manage and inherit that land in Vietnam.

If my mother-in-law gives a house to my wife, can I name it with my wife in certificate in Vietnam? 

After getting married, my mother-in-law intended to give my wife an apartment, because I thought this part would be the common property of the husband and wife, so it was planned to be in the name of the wife, but after discussing with a friend then he said that this was the part of the property that the mother-in-law wanted to give her daughter separately, which means that only my wife can name it and this is determined to be her own property, so I can't share it in the joint name, may I ask is that true?

Reply:

According to the provisions of Clause 1, Article 43 of the Law on Marriage and Family 2014, separate property of husband and wife is as follows:

1. Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.

2. Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.

Thus, in the event that the mother-in-law wants to give a gift to your wife, only your wife can be named, and this part of the property will be determined to be your wife's separate property, not the common property in Vietnam (unless she agrees to merge that house into the common property of husband and wife and let her husband share his name). Therefore, your wife will have full rights to own, use and dispose of private property without you having to interfere.

Here is the content of the consultation.

Best regards!