Procedures for registration of commune-level guardianship when leaving the household registration book in Vietnam

Procedures for registration of commune-level guardianship when leaving the household registration book in Vietnam (Internet image)

The procedures for registration of commune-level guardianship when leaving the household registration book in Vietnam according to Decision 528/QD-BTP dated April 10, 2023 are as follows:

1. Procedures for registration of commune-level guardianship when leaving the household registration book in Vietnam

Procedures for registration for commune-level guardianship when leaving the household registration book is as follows:

* If choosing the form of direct submission, the person who requests guardianship registration shall submit the guardian registration dossier at the Single-Window Department of the competent commune-level People's Committee; pay fees if they are required to pay guardianship registration fees; and pay the fee for the issue of copies of the guardianship registration extract if there is a request for a copy of the guardianship registration extract.

* If you choose to submit an application online, the person who requires guardian registration can access the National Public Service Portal or the Provincial Public Service Portal, register an account (if you do not have an account), authenticate users according to instructions, log in to the system, and properly identify the competent commune-level People's Committee.

Persons who request online guardianship registration provide information using an interactive electronic form for guardianship registration (provided on the Public Service Portal), attaching a photocopy or an electronic copy of papers and documents according to the law; pay fees and charges through the online payment function or by other methods as prescribed by law, complete the application.

* The dossier-receiving officer at the Single-Window-Department is responsible for checking the accuracy, completeness, consistency, and validity of the dossier.

- In case the application is complete and valid, the application will be received, have an appointment slip, and return the results to the requester (if the requester chooses the form of direct application) or immediately send the appointment slip and return the results by email;

Or send an appointment text message via mobile phone to the requester (if the requester chooses to submit the application online), and at the same time transfer the file to civil status civil servants for processing.

After receiving the dossiers in the form of direct submission, the dossier-receiving officers at the Single-Window-Department will digitize (copy, convert into electronic documents on the information system, database) and digitally sign documents and records for handling administrative procedures that have been digitized according to regulations.

- In case the dossier is incomplete and invalid, a notice shall be sent to the requester for supplementation or completion of the dossier, clearly stating the types of papers and contents to be supplemented and completed. After the dossier is supplemented, it shall be implemented;

- In case the person requesting guardianship registration fails to supplement or complete the dossier, it shall report to the head of the Single-Window-Department section with a notice of refusal to handle the guardian registration request.

+ Judicial - civil status civil servants verify dossiers (verify the consistency and validity of information in dossiers, papers, and documents submitted, presented, or attached by requesters).

++ In case the dossier needs to be supplemented or completed or is not eligible for settlement and must be rejected, a notice of the status of the application shall be sent to the Single-Window-Department Department to notify the applicant – repeat step (ii) or (iii) this procedure in Decision 528/QD-BTP dated 10/4/2023;

++ In case it is necessary to check, verify, clarify, or due to other reasons, the result cannot be returned on time, the civil status officer shall make an apology slip and reschedule the return date, which clearly states the reason for the delay in returning the results and the appointment time to return the results, transfer to the Single-Window Department to pay the requester (if the requester chooses the form of direct submission);

Or send an apology slip and reschedule the result by email or send a text message via mobile phone to the requester (if the requester chooses to submit the application online).

++ If it is found that the request for guardianship registration meets the conditions prescribed by law, the dossier is complete, valid, and in accordance with regulations. In the case of receiving the guardianship registration dossier in direct form, the
Judicial and civil status officials shall record in the guardianship registry, update guardianship registration information, and officially save it on the shared electronic civil status registration and management software.

In the event of receiving the application for guardianship registration online, the judicial - civil status officer shall return the extraction form for electronic guardianship registration with complete information to the requester via email or digital device.

The requester is responsible for checking the accuracy and completeness of the information on the Extraction form for electronic guardianship registration and certification (maximum one day).

If the requester confirms the information is agreed upon, complete, or has no response after the time limit for the request, then
Judicial and civil status officials shall record contents in the guardianship registration book, update guardianship registration information, and officially save it on the shared electronic civil status registration and management software.

+ Judicial - civil status civil servants print the guardianship registration extract, submit it to the Leaders of the People's Committee for signature, and transfer the results to the Single-Window Department to return the results to the requester.

+ The person requesting guardianship registration checks the information on the guardianship registration extract, in the guardianship registration register, signs the guardianship registration book, and receives the guardianship registration extract.

2. Method of register for guardianship at commune level upon the removal of physical household registration book in Vietnam

The method of registration of commune-level guardianship when leaving the household registration book is as follows:

The person requesting guardianship registration directly implements or authorizes another person to submit the application file directly at the Single-Window Department of the commune-level People's Committee or send the dossier via the postal system;

Or apply online on the National Public Service Portal (https://dichvucong.gov.vn) or the Provincial Public Service Portal (https://dichvucong.---.gov.vn).

3. Components of the application for registration of commune-level guardianship upon removal of the household registration book in Vietnam

Components of a dossier for registration of commune-level guardianship upon removal of the household registration book include:

- Guardianship registration declaration form (if the requester chooses to submit the dossier in person);

- An interactive electronic form for guardianship registration (by the requester providing information according to the instructions on the Public Service Portal, if the requester chooses to submit the application in the online form);

- The person requesting guardianship registration shall submit/present (in person), or upload (in the online form) the following documents:

* Documents to be submitted:

- A document appointing a guardian according to the provisions of the Civil Code in the case of registration of guardian appointment.

- Papers proving the natural guardianship conditions as prescribed by the Civil Code for the case of natural guardian registration.

In cases where more than one person is eligible to act as a natural guardian, a written agreement appointing one person to be the natural guardian shall be submitted.

- Written authorization as prescribed by law in cases of authorization to carry out guardianship registration.

In cases where the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister, or younger brother of the authorizing person, the power of attorney is not required to be authenticated.

* Documents to be presented:

- Passport or Identity Card or Citizen's identity card, or other papers with photos and personal information attached by a competent authority that are still valid and can be used to prove the identity of the person requesting guardianship registration.

In cases where the personal information in these documents is already in the National Database, the electronic database, which is automatically filled in by the system, it is not required to upload it (in the online form);

- Valid papers to prove information about residence in case the civil status registration agency is unable to exploit information about the citizen's place of residence by the methods specified in Clause 2, Article 14 of Decree 104/2022/ND-CP.

In cases where the information on documents proving the place of residence has been extracted from the National Population Database by these methods, the requester is not required to present it (in direct form) or upload it (in online form);

In the event that the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.

* Note

- For submitted documents, to present if the requester submits the dossier in person:

+ The receiver is responsible for checking, comparing the information in the declaration, taking pictures or recording the information for file and returning it to the presenter, no copies or photocopies of the document are required.

+ The civil status registration requester may submit a certified true copy of the original, a copy issued from the original book, or a photocopy enclosed with the original papers for comparison.

In the event that the requester submits a photocopy enclosed with the original document, the receiver is responsible for checking and comparing the photocopy with the original and signing for certification.

+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by the civil status law to be submitted. .

- For attached documents if the requester submits the application online:

+ Photocopies of documents attached to the online guardianship registration dossier must be clear, complete, and complete in content. It is a copy taken with a camera, phone, or electronic device, from a validly issued document that is still valid for use.

+ In case the papers and documents that must be enclosed in the online guardianship registration dossier already have an electronic copy or have an electronic copy of the civil status paper, the requester may use this electronic copy.

+ When going to the civil status registration office to receive the results (guardian registration extract/copy of guardianship registration extract), the person who requests guardianship registration shall present his/her personal papers and submit the originals of the papers that are part of the guardianship registration dossier in accordance with the civil status law.

Papers issued, notarized, or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized in accordance with law, except for cases exempted under international treaties to which Vietnam is a contracting party.

- In case the guardian registration requester fails to provide the above-mentioned papers as prescribed, or the submitted or presented papers are erased, modified, or forged, the civil status registration agency has the authority to cancel guardianship registration results.

* Number of records: 01 set

Decision 528/QD-BTP takes effect from the date of signing.

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