What are the regulations on the latest application form for guardianship registration in 2023? What are the procedures for guardianship registration in Vietnam?
What are the regulations on the latest application form for guardianship registration in 2023?
The latest application form for guardianship registration, applicable from April 2023, is specified in subsection 13, Section B, Part II Administrative procedures issued together with Decision No. 528/QD-BTP in 2023 as follows:
Download the application form for guardianship registration: Click here.
What are the regulations on the latest application form for guardianship registration in 2023? What are the procedures for guardianship registration in Vietnam? (Image from the internet)
What documents are required for guardianship registration in Vietnam?
A guardianship registration dossier specified in subsection 13, Section B, Part II Administrative procedures issued together with Decision No. 528/QD-BTP in 2023 includes:
- Guardianship registration declaration form (if the requester chooses to submit the dossier in person);
- An interactive electronic form for guardianship registration (by the requester providing information according to the instructions on the Public Service Portal, if the requester chooses to submit the application in the online form);
- The person requesting guardianship registration shall submit/present (in person) or upload (in the online form) the following documents:
(1) Documents to be submitted:
- A document appointing a guardian according to the provisions of the Civil Code in case of registration of guardian appointment.
- Papers proving the natural guardianship conditions as prescribed by the Civil Code for the case of natural guardian registration. In case more than one person is eligible to act as a natural guardian, a written agreement on appointing one person to be the natural guardian shall be submitted.
- Written authorization as prescribed by law in case of authorization to carry out guardianship registration. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the authorizing person, the power of attorney is not required to be authenticated.
(2) Documents to be presented:
- Passport or ID card or citizen identification card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the lover guardian registration request. In case the personal information in these documents is already in the National Database, the electronic database, which is automatically filled in by the system, it is not required to upload it (in the online form);
- Valuable papers to prove information about residence in case the civil status registration agency is unable to extract information about the citizen's place of residence. In case the information on documents proving residence has been extracted from the National Population Database by these methods, the requester is not required to present (in direct form) or download up (in online form);
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
What are the procedures for guardianship registration in Vietnam?
Pursuant to subsection 13, Section B, Part II, Administrative procedures promulgated together with Decision No. 528/QD-BTP in 2023, guiding the implementation of guardianship registration procedures are as follows:
- If choosing the form of direct submission of documents, the person who requests for guardianship registration shall submit the guardian registration dossier at the Single-window section of the competent commune-level People's Committee; pay fees if they are required to pay guardianship registration fees; pay the fee for issue of copies of the guardianship registration extract if there is a request for a copy of the guardianship registration extract.
- If you choose to submit your application online, the person who requires guardian registration will access the National Public Service Portal or the Provincial Public Service Portal, register an account (if you do not have an account), authenticate users according to instructions, log in to the system, properly identify the competent commune-level People's Committee.
Persons who request online guardianship registration provide information using an interactive electronic form for guardianship registration (provided on the Public Service Portal), attaching a photocopy or an electronic copy of papers and documents as prescribed; pay fees and charges through the online payment function or by other methods as prescribed by law, complete the application.
- The dossier-receiving officer at the One-Stop-Shop is responsible for checking the accuracy, completeness, consistency and validity of the dossier.
(i) If the application is complete and valid, receive the application, have an appointment slip, return the results to the requester (if the requester chooses the direct form of application) or immediately send the application form to the applicant. appointment, return results via email or send an appointment text message via mobile phone to the requester (if the requester chooses to submit the application online), and at the same time transfer the dossier to civil status officials to handle.
After receiving the dossiers in the form of direct submission, the dossier-receiving officers at the One-Stop-Shop will digitize (copy, convert into electronic documents on the information system, database) and digitally sign documents and records for handling administrative procedures that have been digitized according to regulations.
(ii) In case the dossier is incomplete or invalid, a notice shall be sent to the requester for supplementation or completion of the dossier, clearly stating the types of papers and contents to be supplemented so that the requester can supplement and complete the dossier. After the records are added, repeat step (i);
(iii) In case the requester for guardianship registration fails to supplement or complete the dossier, he/she shall report it to the Head of the one-stop-shop for a notice of refusal to handle the guardian registration request.
- Civil status - judicial officers verify the dossier (verify the consistency and validity of the information in the dossier, papers and documents submitted, presented or attached by the requester).
+ In case the dossier needs to be supplemented, completed or is not eligible for settlement and must be rejected, a notice of the status of the application should be sent to the Single-window section to notify the applicant - repeat step ( ii) or (iii);
+ In case it is necessary to check, verify, clarify or due to other reasons, the result cannot be returned on time, the civil status officer shall make an apology slip and reschedule the result return date, in which: clearly state the reason for the delay in returning the results and the appointment time to return the results, transfer the single-window section to pay the requester (if the requester chooses to submit the application directly), or send an apology note and reschedule the return date by email or text message via mobile phone to the requester (if the requester chooses to submit the application online).
+ If it is found that the request for guardianship registration meets the conditions prescribed by law, the dossier is complete, valid and in accordance with regulations, in case of receiving the guardianship registration dossier in direct form, the private official shall legal - civil status records in the guardianship register, updates the guardianship registration information and officially saves it on the shared electronic civil status registration and management software.
In case of receiving guardianship registration dossiers online, the judicial - civil status officer shall return the Extraction form for electronic guardianship registration with complete information to the requester via email or digital device.
The requester is responsible for checking the accuracy and completeness of the information on the Extraction form for electronic guardianship registration and certification (maximum one day).
If the requester for confirmation of the agreed and complete information or has no response after the request time limit, the judicial - civil status officer shall record the contents in the guardianship register, update the information about guardianship registration and officially save it on the shared electronic civil status management and registration software.
- Civil status and justice civil servants print the guardianship registration extract, submit it to the leader of the People's Committee for signature, and transfer the results to the single-window section to return the results to the requester.
- Persons who request guardianship registration check the information on the guardianship registration extract, in the guardianship registration register, sign in the guardianship registration book, and receive the guardianship registration extract.
Nguyễn Thị Hồng Nhung