Vietnam: Newest guardianship registration procedures

Vietnam: Newest guardianship registration procedures (Illustration)

 Application form for Guardianship Registration

Article 46 of the Civil Code 2015 stipulates that guardianship means an individual or organization (hereinafter referred collectively to as guardian) is required by law or appointed to take care of and protect legitimate rights and interests of a minor or a legally incapacitated person or a person with limited cognition and behavior control (hereinafter referred to as a ward). According to Decision 1872/QD-BTP of the Ministry of Justice on the announcement of administrative procedures, the guardianship registration procedures from September 4, 2020 include the following 4 steps:

Step 1: Prepare the application

* Documents to be submitted:

- Application form for Guardianship Registration maded in Form issued together with Circular 04/2020/TT-BTP.

- Document appointing the guardian as stipulated in the Civil Code for cases of appointed guardianship.

- Documents proving natural guardianship eligibility as stipulated in the Civil Code for natural guardianship registration. In cases where multiple individuals are eligible for natural guardianship, an additional agreement document appointing one person as a natural guardian must be submitted.

- Power of attorney as prescribed by law for delegated guardianship registration. If the authorized person is the principal’s grandparent, parent, child, spouse, or sibling, the power of attorney does not require notarization.

* Documents to be presented:

- Documents proving the identity of the applicant, including:

- Passport; or

- Identity card; or

- Citizen identification card; or

- Other valid documents with a photo and personal information issued by competent authorities.

- Documents proving residence to determine the authority for guardianship registration.

Step 2: Submit the application

- The applicant directly carries out or authorizes another person to carry out the registration.

- The person carrying out the guardianship registration submits the application in one of the following forms:

+ Direct submission at the Commune People's Committee where the guardian or the ward resides;

+ Submission via postal service;

+ Submission through the online civil status registration system.

Step 3: Receive and process the application

- The application receiver is responsible for immediately checking the completeness of the application, determining the validity of the documents submitted and presented, and comparing the information in the Declaration Form with the documents in the application.

- If the application is complete and valid, the application receiver issues a receipt, specifying the date and time of the result delivery;- If the application is incomplete or incorrect, the application receiver provides guidance on supplementation and correction; if immediate correction is not possible, a written guide specifying the required documents and information for supplementation and correction is issued, signed, and clearly stating the application receiver's name.

- After receiving a complete application, if the guardianship registration request meets the legal requirements, the civil status official reports to the Chairman of the Commune People's Committee.

- If the Chairman agrees to the resolution, the civil status official records it in the Guardianship Registration Book.

Step 4: Receive the result

Within 3 working days, the applicant will receive the result as per the appointment note. The civil status official guides the applicant to check the contents of the Guardianship Registration Extract and the Guardianship Registration Book, and both the applicant and the registrant sign the Register. The Chairman of the Commune People’s Committee issues the original Guardianship Registration Extract to the applicant.

Le Vy

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