Guidelines for Carrying Out Guardianship Registration Procedures at the Commune People's Committee Updated 2023? What Are the Notices When Submitting the Application?
Procedures for Guardianship Registration at the Commune People's Committee in 2023
Based on the provisions in Subsection 13, Section B, Part II of Administrative Procedures issued alongside Decision 528/QD-BTP of 2023 as follows:
- The person requesting guardianship registration submits the application at the One-Stop-Shop section of the competent Commune People's Committee; pays the required fee if applicable; and the fee for issuance of a copy of the Guardianship Registration Extract if requested.
- The officer receiving the application at the One-Stop-Shop section is responsible for checking the accuracy, completeness, consistency, and validity of the application.
(1) If the application is complete and valid, it is accepted, a receipt slip is issued, and the results are returned to the requester. The file is then forwarded to the civil status official for processing.
After receiving the application directly, the officer at the One-Stop-Shop section digitizes (scans, converts to electronic documents on the system) and digitally signs the documents and administrative procedure records per regulations.
(2) If the application is incomplete or invalid, the requester is notified to supplement and complete the application, clearly stating the type of documents and content that need to be supplemented. After the application is supplemented, repeat step (1);
(3) If the requester fails to supplement or complete the application, report to the Head of the One-Stop-Shop section for a notice of refusal to process the guardianship registration request.
- The judicial-civil status official verifies the application (verifies the consistency and validity of the information in the application, documents submitted, and presented by the requester).
+ If the application needs to be supplemented, completed, or cannot be processed and must be rejected, a notice regarding the application status is sent to the One-Stop-Shop section to inform the applicant – repeat step (2) or (3);
+ If further inspection, clarification, or other reasons delay returning results by the scheduled time, the civil status official issues an apology slip and reschedules the return date, clearly stating the reason for the delay and the new return date, and forwards it to the One-Stop-Shop section to return to the requester (if the requester submits the application directly).
+ If the guardianship registration request meets the legal requirements, the application is complete, valid, and conformable. In the case of direct submission, the judicial-civil status official records it in the Guardianship Registration Book.
- The judicial-civil status official prints the Guardianship Registration Extract, submits it to the Commune People's Committee Leader for signature, and forwards it to the One-Stop-Shop section to return to the requester.
- The requester checks the information on the Guardianship Registration Extract, in the Guardianship Registration Book, signs the Guardianship Registration Book, and receives the Guardianship Registration Extract.
Instructions for performing guardianship registration procedures at the Commune People's Committee in 2023? What to note when submitting the application? (Image from the internet)
Documents Required for Guardianship Registration at the Commune People's Committee
Based on the provisions in Subsection 13, Section B, Part II of Administrative Procedures issued alongside Decision 528/QD-BTP of 2023, the required documents for guardianship registration at the Commune People's Committee include:
- Guardianship Registration Form
- The requester must submit/present the following documents:
(1) Documents to be submitted:
- Document appointing the guardian as stipulated in the Civil Code for the case of appointing a guardian.
- Documents proving the automatic guardianship conditions as stipulated in the Civil Code for the case of automatic guardianship. If multiple individuals meet the conditions for automatic guardianship, an agreement document designating one person as the guardian must be submitted.
- Power of Attorney under legal provisions in case of authorization for guardianship registration. If the authorized person is the grandparent, parent, child, spouse, sibling, the authorization document need not be notarized.
(2) Documents to be presented:
- Passport or Identity Card or Citizen Identification Card or other documents with photo and personal information issued by competent authorities, valid for proving the identity of the requester.
- Documents proving residential information if the civil status registration authority cannot retrieve residential information through the methods specified in Clause 2, Article 14 of Decree 104/2022/ND-CP dated December 21, 2022 of the Government of Vietnam.
If residential information has been retrieved from the National Database on Population through these methods, the requester does not need to present such documents (for direct submission method).
If the application is sent via postal system, a certified copy of the presentation documents must be included.
Notes When Submitting Guardianship Registration Application at the Commune People's Committee
Based on the provisions in Subsection 13, Section B, Part II of Administrative Procedures issued alongside Decision 528/QD-BTP of 2023, the requester should note the following when submitting a guardianship registration application at the Commune People's Committee:
- The receiver is responsible for checking, comparing with the information in the declaration form, photographing or recording the information for file storage and returning it to the presenter without requiring them to submit a copy.
- The person requesting civil status registration may submit a true copy from the original or a copy issued from the original record or a photocopy along with the original document for comparison.
If the requester submits a photocopy along with the original document, the receiver is responsible for verifying, comparing the photocopy with the original, and signing to confirm; they should not require the requester to submit copies of those documents.
* The receiver is responsible for receiving the full and adequate civil status registration application as stipulated by civil status law and should not require the requester to submit additional documents that the civil status law does not require.
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