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There are two types of inheritance, inherit via law and inherit via will.
If the deceased person has will, then the asset settlement will follow the will. The content of the will is fully depend on the deceased will; it shall be the deceased person’s right to settle the asset to another person, whether it is less, equal or more distribution (or even all). The law does not forbid this.
If there is no will, then the inheritance will follow the law. Article 651 of the Civil Code 2015 stipulates as follow:
Article 651. Heirs at law
1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) 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.
2. Heirs at the same level shall be entitled to equal shares of the estate.
3. 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.
Accordingly, the adopted child and biological child are in the same inheritance level (the first level) shall be equal in rights. If the asset settlement follows the law, then the adopted child and biological child will have the same asset settlement, no one gets more no one gets less.
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There are two types of inheritance, inherit via law and inherit via will.
If the deceased person has will, and the will determine that the asset will belong to the ex-wife then you are eligible to inherit the asset.
If there is no will, then the inheritance will follow the law. Article 651 of the Civil Code 2015 stipulates as follow:
Article 651. Heirs at law
1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) 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.
2. Heirs at the same level shall be entitled to equal shares of the estate.
3. 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.
\Accordingly, husband/wife is determined as the person who is in the marriage relation at the time the deceased person passed away. For “ex-wife” (which can be construed as the marriage relationship has ended by the court judgment) will not be categorized in the inheritance level by law; shall not be able to inherit asset from the deceased ex-husband.
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About changing the family name, according to article 27 of the Civil Code 2015 as follow:
Article 27. Right to change family names
1. An individual has the right to request a competent authority to recognize a change of a family name in any of the following cases:
a) Changing the family name of a natural child from biological father’s to biological mother’s or vice versa;
b) Changing the family name of an adopted child from biological father’s or mother’s to adoptive father’s or mother’s at the request of the adoptive parents;
c) If a person ceases to be an adopted child and such person or his/her biological father or mother request to reclaim the family name which is given by the biological father or mother;
d) Changing the family name of a person whose biological parents have been identified upon the request on that father or mother or such person;
dd) Changing the family name of a lost person who has discovered the origin of his/her bloodline;
e) Changing the family name of a person to his/her spouse’s in the marriage and family relations involving foreign elements in accordance with law of the country in which the foreign spouse is a citizen or retrieves his/her family name before the change;
g) Changing the family names of children upon the change of family names of their father’s or mother’s;
h) Other cases prescribed in by law on civil status affairs.
2. The changing of the family name of a person who is nine years of age or older shall be subject to the consent of such person.
3. The changing of a family name shall not change or terminate the civil rights and obligations which were established in the former family name.
According to term 1 Article 7 Decree 123/2015/NĐ-CP about changing the family name, middle name, name for individual under 18 years old as follow:
Article 7. Conditions for changes and correction of civil status affairs
1. An application for change of full name of a person less than 18 years of age prescribed in Clause 1 Article 26 of the Law on civil status shall be subject to his/her parents’ consent which is specified in such application. An application for change of full name of a person aged 9 or older shall also be subject to his/her consent.
Accordingly, for child who are under 18 years old then there must be consent from father and mother in the application
With just the mom present in the application, the application shall be denied.
About the application samples, it will include the declaration forms (with samples) and other relevant documents (birth certificate to determine father, mother).
The application will be submitted to the commune/district/province people’s committee. Within 3 working days counting from the date of receiving documents, the commune/district/province people’s committee will have to respond; if accepting the amendment information then the amendment information shall be written in the Birth certificate.
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According to Article 38 of the Law on Marriage and Family 2014, children that were born during marriage time (or conceived by the wife during the marriage period) is the common child of the husband and wife
Accordingly, if at the current time both husband and wife still have not finished the divorce procedure then the child that was born in this time will be the joint children.
If you determine that the child is not the joint child then the husband needs to submit an application to the court to determine that the child is not joint children.
Article 88. Identification of parents
1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.
A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.
A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.
2. When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.
Article 89. Identification of children
1. A person who is not recognized as the parent of a person may request a court to identify that the latter is his/her child.
2. A person who is recognized as the parent of a person may request a court to identify that the latter is not his/her child.
Regarding the birth certificate registration: If both parties determine this is the joint child that was born during marriage time, then the father and mother information in the birth certificate shall be filled the same as the marriage certificate.
If there is court judgment determining that the child were not the joint child then this will be considered as not identifying the father case, according to Article 15,
Article 15. Birth registration for children with unidentified parents
1. The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.
2. If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.
The child’s family name, ethnic, hometown, nationality will follow the mother’s family name, ethnic, hometown, nationality; the child’s father section in vital records and birth certificate shall be left blank.
Contact for legal advice support with lawyer Anlaw
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08:00 – 18:00 (GMT+7) Monday – Friday
Answer
Yes, but only in exceptional circumstances. Lifting or shortening an entry ban depends on the Ministry of Public Security’s assessment of the violation, personal circumstances, purpose of re-entry, and security considerations. Legal assistance significantly increases the chance of approval.
Answer
Generally no. Vietnam does not extradite its own citizens, even if they hold dual nationality. Instead, Vietnamese authorities may choose to prosecute the individual within Vietnam in accordance with domestic law and applicable treaties.
Yes. A person detained for immigration or deportation purposes has the right to seek the assistance of a lawyer and, in many cases, consular support from their embassy or consulate. Early legal advice can be critical in:
Deportation is a serious sanction requiring a foreigner to leave Vietnam and usually includes a 3-year entry ban.
Forced exit applies to immigration violations such as overstaying and generally results in a 6-month entry ban, unless aggravated circumstances exist.
Under Vietnam’s Law on Entry, Exit, Transit and Residence of Foreigners, a person who is deported is banned from re-entering Vietnam for 3 years from the effective date of the deportation decision. After this period, re-entry may be permitted if the person is not restricted for national security or defense reasons.
Reduced procedures → faster market entry
Clearer identification of restricted and sensitive sectors
Better optimisation opportunities for M&A strategies
A more transparent and predictable regulatory environment
Sectors presenting heightened risks relating to:
It comprises:
7 Chapters
52 Articles
4 Appendices
And several major reform pillars relating to investment procedures, incentivised sectors, FDI, and outward investment.
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