What are procedures for registration of appointed guardians in Vietnam? If my parents are abroad, can they be my child's guardians in Vietnam?

What are procedures for registration of appointed guardians in Vietnam?

I want to know how to register appointed guardian according to the procedure? Legal basis in which document?

Reply:

Pursuant to Article 40 of the 2014 Civil Status Law, regulations on procedures for registration of appointed guardians are as follows:

1. Requesters for guardianship registration shall submit declarations, made according to a set form, and the guardian appointment document as prescribed in the Civil Code to the civil status registration agency.

2. Within 5 working days after receiving complete papers specified in Clause 1 of this Article, the civil status officer shall verify and, if seeing that the law-prescribed conditions are fully met, shall record the guardianship registration in the civil status book and together with the guardianship registrant sign in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People's Committee to issue an extract to the requester.

What are procedures for registration of appointed guardians in Vietnam? If my parents are abroad, can they be my child's guardians in Vietnam? (Image from the Internet)

If my grandchild's parents are abroad, can I be my grandchild's guardians in Vietnam?

My daughter has been going to America for 2 years now. Now I want to register as guardian for my grandchild, can I?

Reply:

According to Article 47 of the 2015 Civil Code, wards include:

1. Wards include:

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

b) 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; and parents do not have the means to care for or educate such minor and the parents request the minor to be a ward;

c) Incapacitated persons;

d) Persons with limited cognition or behavior control.

2. A person may only be a ward of one guardian, except where the guardians are parents in charge of one child or grandparents in charge of one grandchild.

And in Article 21 of the 2014 Civil Status Law, it is stipulated that registration of natural guardians is automatic:

1. Requesters for guardianship registration shall submit guardianship registration declarations, made according to a set form, and papers proving the natural guardian conditions as prescribed by the Civil Code to the civil status registration agency. In case there are more than one person eligible to act as natural guardian, a document on the agreement to appoint one person as natural guardian shall be additional submitted.

2. The order of registration of natural guardians must comply with Clause 2, Article 20 of this Law.

Thus, in your case, if your grandchild does not have a biological brother or sister (does not have a legal representative who is the father) and the child's mother does not have the conditions to care for and educate him because he is abroad, then you will be the child's natural guardian and registered as guardian for the child.

Note that you must ensure the conditions of the guardian in Article 49 of the 2015 Civil Code.

Detail:

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.

Can guardianship registration be issued with an original extract in Vietnam?

Let me ask this question: When I go to register guardianship at the Commune Committee, will the civil status office issue an original extract of this guardianship registration?

Reply:

Pursuant to Clause 1, Article 62 of the 2014 Civil Status Law stipulates:

1. When making civil status registration, the civil status registration agency shall grant 1 original civil status extract to the civil status registration requester, except the registration of birth and marriage.

Point c, Clause 1, Article 3 of the 2014 Civil Status Law stipulates that guardianship is one of the contents of civil status registration.

Therefore, when there is a request for guardianship registration in Vietnam, the requester will be issued an original civil status extract (guardianship registration extract) by the civil status registration agency.

Best regards!