Procedure for Registration of Natural Guardianship Between Vietnamese Nationals

1. Legal basis:

- Civil Status Law 2014;

- Civil Code 2015;

- Circular 85/2019/TT-BTC;

- Circular 04/2020/TT-BTP.

2. Conditions:

+ Full civil act capacity.

+ Good moral character and the necessary conditions to perform the rights and obligations of a guardian.

+ Not being prosecuted for criminal liability or convicted but not yet having their criminal record expunged for any crimes intentionally infringing on the life, health, honor, dignity, or property of others.

+ Not being a person restricted by the court in terms of rights to minors.

3. Dossier:

- The person requesting civil status registration must present the original of one of the documents such as a passport, national ID card, citizen ID card, or other documents with a photo and personal information issued by competent authorities, still valid (hereinafter referred to as identification documents) to prove their identity.

- Documents proving the residence of the ward or the guardian.

- Guardian registration declaration form according to the template.

- Documents proving the conditions for natural guardianship. (Articles 52 and 53 of the Civil Code 2015)

- Written agreement on appointing a natural guardian in case there are many people who qualify to be natural guardians.

- Power of attorney according to legal regulations in case of authorization to perform the guardianship registration. If the authorized person is the grandfather, grandmother, father, mother, child, spouse, brother, or sister of the authorizing person, the power of attorney does not need to be notarized or authenticated but must have documents proving the relationship with the authorizing person.

4. Submission method:

- The person requesting guardianship registration can either directly perform it or authorize another person to perform the guardianship registration.

- The person performing the guardianship registration can directly submit the dossier at the competent commune-level People's Committee or send the dossier via the postal system.

5. Resolving agency:

The commune-level People's Committee where the ward or the guardian resides will perform the guardianship registration.

6. Processing time:

Within 03 working days from the date of receiving all necessary documents, if all conditions are met according to legal regulations, the civil status officer will record it in the Civil Status Register and together with the person registering the guardianship, sign the Civil Status Register, and report to the Chairman of the commune-level People's Committee to issue the extract to the requester.

7. Fee: Free of charge.

Sincerely!