Does registration of permanent residence of a minor need permission of their parents in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. How is the place of residence of a minor in Vietnam determined?

Pursuant to Clause 1, Article 12 of the Law on Residence 2020, regulations on place of residence of minors are as follows:

Article 12. Place of residence of minors

1. The place of residence of a minor shall be the place of residence of their parents; if their parents have different places of residence, their place of residence shall be the place of residence of the parent with whom they usually live; in case the place where the minor usually live with their parent could not be determined, their parents shall agree on their place of residence; otherwise, the Court shall decide the place of residence of the minor.

2. Minors may have a place of residence different from the place(s) of residence of their parents with their parents’ permission or in compliance with the law.

In addition, based on Article 11 of the Law on Residence 2020, regulations on place of residence of citizens are as follows:

Article 11. Place of residence of citizens

1. The place of residence of a citizen includes a permanent residence and/or a temporary residence.

2. In case the places of permanent and temporary residence of a citizen could not be determined, their place of residence shall be determined in accordance with regulations in Clause 1 Article 19 herein.

Thus, the place of residence of a minor is determined as follows:

- The place of residence of a minor shall be the place of residence of their parents;

- If their parents have different places of residence, their place of residence shall be the place of residence of the parent with whom they usually live;

- In case the place where the minor usually live with their parent could not be determined, their parents shall agree on their place of residence;

- In case the parents cannot agree, the Court shall decide the place of residence of the minor.

Note: Minors may have a place of residence different from the place(s) of residence of their parents with their parents’ permission or in compliance with the law.

2. Does registration of permanent residence of a minor need permission of their parents in Vietnam?

Pursuant to Clause 7, Article 20 of the Law on Residence 2020, regulations on conditions for permanent residence registration are as follows:

Article 20. Conditions for permanent residence registration

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7. The permanent residence of a minor must be registered with the permission of either of their parents or their guardian, unless their place of residence is decided by the Court.
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Thus, the permanent residence of a minor must be registered with the permission of either of their parents or their guardian. If their place of residence is decided by the Court, permission of either of their parents or their guardian is not required

3. Who is the natural guardian of a minor under the law in Vietnam?

Pursuant to Article 52 of the Civil Code 2015, regulations on natural guardians of minors are as follows:

Article 52. 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.

Thus, for minors who need a guardian according to regulations, the natural guardian of a minor shall be determined as follows:

- 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;

- If there is no brother or sister satisfying the conditions as prescribed shall be the guardian of the ward, 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);

- If there is no brother, sister, grandfather or grandmother satisfying the conditions as prescribed, a biological uncle or aunt of the ward shall be the guardian.

Best regards!

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