04:01 | 12/04/2023

When the guardian dies, is the guardianship terminated? What are the requirements to be guardians in Vietnam?

I would like to ask when the guardian dies, is the guardianship terminated? - Question from Ms. Bich Tuyen (Vung Tau)

What are the requirements to be guardians in Vietnam?

Pursuant to the provisions of Article 48 of the 2015 Civil Code of Vietnam as follows:

Guardians
1. Each natural person or juridical person who meets all requirements prescribed in this Code is entitled to be a guardian.
2. If a person with full legal capacity chooses a guardian for him/her, such guardian shall be selected if the person needs the guardianship with the consent of the ward. The selection of guardian must be made in writing and notarized or certified.
3. Each natural or juridical person may be a guardian of multiple persons.

At the same time, according to the provisions of Article 49 of the 2015 Civil Code of Vietnam as follows:

Requirements for natural persons to be guardians
Each natural person who meets all of the following requirements may act as a guardian:
1. Having full legal capacity;
2. Having good ethics and necessary means to exercise rights and fulfill obligations of a guardian;
3. Not being a person facing a criminal prosecution or a person who has been convicted but his/her criminal record has been not expunged for a deliberate crime of violation of life, health, honor, dignity or property of another person;
4. Not being a person having parental rights to minor child restricted by a court.

Pursuant to the provisions of Article 50 of the 2015 Civil Code of Vietnam as follows:

Requirements for juridical persons to be guardians
Each juridical person who meets all of the following requirements may act as a guardian:
1. Having civil legal personality in conformity with the guardianship;
2. Having necessary means to exercise rights and fulfill obligations of a guardian.

According to the above provisions, the requirements for guardians are as follows:

For natural persons to be guardians

Each natural person who meets all of the following requirements may act as a guardian:

- Having full legal capacity;

- Having good ethics and necessary means to exercise rights and fulfill obligations of a guardian;

- Not being a person facing a criminal prosecution or a person who has been convicted but his/her criminal record has been not expunged for a deliberate crime of violation of life, health, honor, dignity or property of another person;

- Not being a person having parental rights to minor child restricted by a court.

For juridical persons to be guardians

Each juridical person who meets all of the following requirements may act as a guardian:

- Having civil legal personality in conformity with the guardianship;

- Having necessary means to exercise rights and fulfill obligations of a guardian.

When the guardian dies, is the guardianship terminated?

Pursuant to Article 60 of the 2015 Civil Code of Vietnam stipulating as follows:

Replacement of guardians
1. A guardian may be replaced in any of the following cases:
a) The guardian no longer meets all of the requirements specified in Article 49 or 50 of this Code;
b) The guardian being a natural person dies or is declared by court limited cognition or behavior control, limited legal capacity, incapacitated, missing or the guardian being a juridical person cease to exist;
c) The guardian seriously violates a guardian's obligation;
d) The guardian proposes his/her replacement and another person agrees to assume the guardianship.
2. In case of replacing a natural guardian, the persons defined in Article 52 and Article 53 of this Code shall assume the role of a natural guardian; if there is no natural guardian, the appointment of a guardian shall comply with the provisions of Article 54 of this Code.
3. The procedures for replacing a guardian shall comply with law on civil status affairs.

According to the above regulations, when the guardian dies, a new guardian is replaced, so the guardianship does not terminate.

In case of replacing a natural guardian, the persons defined in Article 52 and Article 53 of the 2015 Civil Code of Vietnam shall assume the role of a natural guardian; if there is no natural guardian, the appointment of a guardian shall comply with the provisions of Article 54 of the 2015 Civil Code of Vietnam.

When the guardian dies, is the guardianship terminated? What are the requirements to be guardians in Vietnam?

When the guardian dies, is the guardianship terminated? What are the requirements to be guardians in Vietnam?

Who is the natural guardian of a minor? In what order are natural guardians of minors arranged?

Pursuant to the provisions of Article 52 of the 2015 Civil Code of Vietnam 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.

According to the above regulations, natural guardians of minors are those who are arranged in the following order:

(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 (1), 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 (1) and (2), a biological uncle or aunt of the ward shall be the guardian.

Note: The above minors are:

- Minors who have lost their mothers and fathers, or whose parents are unidentifiable;

- Minors whose parents are both incapacitated persons;

- Parents have limited cognition or behavior control;

- Parents have limited capacity of exercise;

- Parents have their parental rights restricted by a court;

- Parents do not have the means to care for or educate such minor and the parents request the minor to be a ward.

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