Concept of Guardianship

The editorial team, please help me answer the following questions: What is guardianship? Is there any legal document that addresses this issue? I look forward to receiving a response soon. Thank you!

Per Clause 1, Article 46 of the 2015 Civil Code, guardianship is defined as follows:

Guardianship is the process by which an individual or legal entity, as stipulated by law, appointed by the commune-level People's Committee, designated by the Court, or defined in Clause 2, Article 48 of this Code (hereinafter collectively referred to as the guardian) undertakes the care and protection of the rights and legitimate interests of minors, persons who have lost civil act capacity, or those with cognitive difficulties in controlling their behavior (hereinafter collectively referred to as the ward).

Furthermore, guardianship must be registered with a competent state agency as per the legal regulations on civil status. Also, a de facto guardian who does not register the guardianship is still obligated to fulfill the duties of a guardian.

The above is a response regarding the concept of guardianship. You can refer to more information on this issue in the 2015 Civil Code.

Sincerely!

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