In Vietnam, is it compulsory to be declared by the court to be considered a incapacitated person?
In Vietnam, is it compulsory to be declared by the court to be considered a incapacitated person? In Vietnam, what are requirements to become a guardian for a incapacitated person?
Hello Lawnet. My grandmother has a brain tumor, which makes her no longer aware and control her own behaviors. Is it compulsory to be declared by the court to be considered a incapacitated person?
Thank you!
In Vietnam, is it compulsory to be declared by the court to be considered a incapacitated person?
Pursuant to Article 22 of the Civil Code in 2015 stipulating lack of legal capacity in Vietnam as follows:
1. A court shall, based on the opinion of forensic-psychiatric examination by any authorized organization and at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a legally incapacitated person who as a result of his/her mental or other illnesses cannot realize or conduct his/her actions.
Where the basis on which a person has been declared incapacitated no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to revoke the decision declaring the incapacitated person.
2. All civil transactions of a legally incapacitated person shall be established and performed by his/her legal representative.
As regualtions above, a person is considered legally incapacitated only if he/she is declared by the court after being forensic-psychiatric examined. In details, a court shall, based on the opinion of forensic-psychiatric examination by any authorized organization and at the request of a person, to declare a legally incapacitated person who as a result of his/her mental or other illnesses cannot realize or conduct his/her actions.
In Vietnam, what are requirements to become a guardian for a incapacitated person?
Pursuant to Article 49 of the Civil Code in 2015 stipulating that each natural person who meets all of the following requirements may act as a guardian in Vietnam:
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.
Best regards!
