Vietnam: Can a ward have a place of residence separate from the place of residence of his/her guardian? Can an older sibling be the natural guardian of a minor?
Vietnam: Can an older sibling be the natural guardian of a minor?
According to Article 52 of the 2015 Civil Code, natural guardians of minors are as follows:
Natural guardians of minors
A natural guardian of a minor prescribed in Points a and b Clause 1 Article 47 of this Code shall be determined as follows:
1. The eldest brother or sister shall be the guardian of the ward; if the eldest brother or sister fails to satisfy all requirements for acting as a guardian, the next eldest brother or sister shall be the guardian, unless otherwise agreed that another biological brother or sister shall be the guardian;
2. If there is no guardian prescribed in Clause 1 of this Article, the paternal grandfather, grandmother or the maternal grandfather, grandmother shall be the guardian; or those persons shall agree to appoint a person or some persons to be guardian(s);
3. If there is no guardian prescribed in Clause 1 and Clause 2 of this Article, a biological uncle or aunt of the ward shall be the guardian.
Guardians
Vietnam: Can a ward have a place of residence separate from the place of residence of his/her guardian?
According to Article 13 of the Law on Residence 2020, the place of residence of the ward is as follows:
Place of residence of wards
1. The place of residence of a ward shall be the place of residence of their guardian.
2. Wards may have a place of residence different from that of their guardian with their guardian’s permission or in compliance with the law.
In addition, according to Article 42 of the 2015 Civil Code, it is stipulated as follows:
Place of residence of wards
1. The place of residence of a ward is the place of residence of his/her guardian.
2. A ward may have a place of residence separate from the place of residence of his/her guardian if so agreed by the guardian or so provided for by law.
As such, wards may have a place of residence different from that of their guardian with their guardian’s permission or in compliance with the law.
What are the regulations on the supervision of guardianship in Vietnam?
Pursuant to Article 51 of the 2015 Civil Code stipulates the supervision of guardianship as follows:
Supervision of guardianship
1. The relatives of a ward shall have the responsibility to appoint a representative to supervise the guardianship in among the relatives or appoint another natural or juridical person to act as a guardianship supervisor.
The appointment of guardianship supervisor must have the consent of such person.
If the supervision relates to management of property of the ward, the supervisor must register it at the People’s Committee of commune where the ward resides.
Relatives of a ward means his/her spouse, parents and children; if there is no such person, relatives of the ward means his/her grandparents and biological siblings; if there is also no such person, relatives of the ward means his/her biological uncles and aunts.
2. If there is no relative of a ward or the relatives fails to appoint a guardianship supervisor as prescribed in Clause 1 of this Article, the People’s Committees of commune where the guardian resides shall appoint a natural or juridical person to supervise the guardianship. If there is a dispute over the appointment of guardianship supervisor, it shall be subject to a court's decision.
3. Each supervisor being natural person must have full legal capacity, each supervisor being juridical person must have legal personality in conformity with the supervision; the supervisor must have necessary means to conduct the supervision.
4. Each guardianship supervisor has the following rights and obligations:
a) Monitory and inspect the guardian in the guardianship;
b) Examine and offer opinions in writing in terms of establishment and performance of civil transactions prescribed in Article 59 of this Code.
c) Request a regulatory agency in charge of guardianship to change or terminate the guardianship or supervision of guardianship.
Accordingly, supervision of guardianship according to the latest regulations is prescribed as above.
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