Yes, disinheriting a child is legally permissible in Vietnam under strict conditions outlined in the Civil Code (2015, amended 2023). The law permits parents to exclude a child from inheritance if the child has committed serious misconduct, such as violence, abandonment, or gross disrespect, but requires formal probate validation by provincial People’s Courts. Recent 2026 amendments to the Civil Code tighten evidentiary burdens, mandating notarized evidence of misconduct and mandatory mediation before court proceedings. Local Departments of Justice now oversee compliance with inheritance disclaimers to curb frivolous disputes.
Key Regulations for Disinheriting a Child in Vietnam
- Serious Misconduct Threshold: Only acts like physical abuse, abandonment, or criminal convictions against the parent justify disinheritance under Article 644 of the Civil Code. Minor disputes or financial disagreements do not suffice.
- Formal Probate Process: Disinheritance must be validated through a People’s Court in the deceased’s last domicile, with mandatory mediation by local justice authorities per Decree 20/2026/NĐ-CP.
- Evidentiary Rigor: Notarized documents, police reports, or court judgments proving misconduct are required. Self-declarations or hearsay are inadmissible under Circular 01/2024/TT-BTP issued by the Ministry of Justice.