Are adopted children entitled to inheritance in Vietnam?

Are adopted children entitled to inheritance in Vietnam? (Internet image)

Regarding this issue, LawNet responded as follows:

1. Who is adopted person?

According to Clause 3, Article 3 of the Law on Adoption 2010, adopted person means the person who is adopted after the adoption is registered by a competent state agency.

2. Persons allowed to be adopted in Vietnam

According to Article 8 of the Law on Adoption 2010, persons allowed to be adopted include:

- Children under 16 years.

- Persons aged between full 16 years and under 18 years falling into either of the following cases:

+ To be adopted by the step father or step mother;

+ To be adopted by a natural aunt or uncle.

- A person may be adopted by only one single person or two persons being husband and wife.

3. Conditions on adopting persons in Vietnam

According to Clause 1, Article 14 of the Law on Adoption 2010, an adopting person must fully meet the following conditions:

- Having full civil act capacity;

- Being 20 years or more older than the adopted person;

- Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

- Having good ethical qualities.

In addition, Clause 2, Article 14 of the Law on Adoption 2010 stipulates that the following persons may not adopt a child:

- Having some of the parental rights over a minor child restricted:

- Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

- Currently serving an imprisonment penalty:

- Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

Note: In Clause 3, Article 14 of the Law on Adoption 2010 stipulates that cases the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousing does not need the following conditions:

- Being 20 years or more older than the adopted person;

- Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

4. Are adopted children entitled to inheritance in Vietnam?

According to Article 653 of the Civil Code 2015, Inheritance relations between adopted children and their adoptive parents and biological parents is as follows:

An adopted child and his or her adoptive parents may inherit each other's estates and may also inherit in accordance with articles 651 and 652 of the Civil Code 2015.

* In Article 651 of the Civil Code 2015, heirs at law are categorized in the following order of priority:

- The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

- The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

- The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

- Heirs at the same level shall be entitled to equal shares of the estate.

- Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.

* In Article 652 of the Civil Code 2015 stipulates that where a child of a testator died prior to or at the same time as the testator, the grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive. If the grandchildren also died prior to or at the same time as the testator, the great-grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive.

Thus, legally adopted children will inherit from adoptive parents according to regulations.

Vo Van Hieu

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