Regulations on replacement of guardians in Vietnam

Regulations on replacement of guardians in Vietnam (Internet image)

1. Who are guardians?

Article 48 of the Civil Code 2015 stipulates guardians as follows:

- Each natural person or juridical person who meets all requirements prescribed in the Civil Code 2015 is entitled to be a guardian.

- If a person with full legal capacity chooses a guardian for him/her, such guardian shall be selected if the person needs the guardianship with the consent of the ward. The selection of guardian must be made in writing and notarized or certified.

- Each natural or juridical person may be a guardian of multiple persons.

2. Requirements for a guardian in Vietnam

According to Article 49 and Article 50 of the Civil Code 2015, the requirements for a guardian are as follows:

2.1. Requirements for natural persons to be guardians in Vietnam

Each natural person who meets all of the following requirements may act as a guardian:

- Having full legal capacity;

- Having good ethics and necessary means to exercise rights and fulfill obligations of a guardian;

- 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;

- Not being a person having parental rights to minor child restricted by a court.

2.2. Requirements for juridical persons to be guardians in Vietnam

Each juridical person who meets all of the following requirements may act as a guardian:

- Having civil legal personality in conformity with the guardianship;

- Having necessary means to exercise rights and fulfill obligations of a guardian.

3. Regulations on replacement of guardians in Vietnam

The replacement of guardians under Article 60 of the Civil Code 2015 is as follows:

- A guardian may be replaced in any of the following cases:

+ The guardian no longer meets all of the requirements specified in Section 2;

+ The guardian being a natural person dies or is declared by court limited cognition or behavior control, limited legal capacity, incapacitated, missing or the guardian being a juridical person cease to exist;

+ The guardian seriously violates a guardian's obligation;

+ The guardian proposes his/her replacement and another person agrees to assume the guardianship.

- In case of replacing a natural guardian, the persons defined in Article 52 and Article 53 of the Civil Code 2015 shall assume the role of a natural guardian; if there is no natural guardian, the appointment of a guardian shall comply with the provisions of Article 54 of the Civil Code 2015.

- The procedures for replacing a guardian shall comply with law on civil status affairs.

4. Regulations on supervision of guardianship in Vietnam

Supervision of guardianship under Article 51 of the Civil Code 2015 is as follows:

(1) The relatives of a ward shall have the responsibility to appoint a representative to supervise the guardianship in among the relatives or appoint another natural or juridical person to act as a guardianship supervisor.

The appointment of guardianship supervisor must have the consent of such person.

If the supervision relates to management of property of the ward, the supervisor must register it at the People’s Committee of commune where the ward resides.

Relatives of a ward means his/her spouse, parents and children; if there is no such person, relatives of the ward means his/her grandparents and biological siblings; if there is also no such person, relatives of the ward means his/her biological uncles and aunts.

(2) If there is no relative of a ward or the relatives fails to appoint a guardianship supervisor as prescribed in Clause 1 of this Article, the People’s Committees of commune where the guardian resides shall appoint a natural or juridical person to supervise the guardianship. If there is a dispute over the appointment of guardianship supervisor, it shall be subject to a court's decision.

(3) Each supervisor being natural person must have full legal capacity, each supervisor being juridical person must have legal personality in conformity with the supervision; the supervisor must have necessary means to conduct the supervision.

(4) Each guardianship supervisor has the following rights and obligations:

- Monitory and inspect the guardian in the guardianship;

- Examine and offer opinions in writing in terms of establishment and performance of civil transactions prescribed in Article 59 of the Civil Code 2015.

- Request a regulatory agency in charge of guardianship to change or terminate the guardianship or supervision of guardianship.

Quoc Dat

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