Latest regulations on consequences of the termination of guardianship in Vietnam

Latest regulations on consequences of the termination of guardianship in Vietnam (Internet image)

1. Latest regulations on consequences of the termination of guardianship in Vietnam

Consequences of the termination of guardianship in Vietnam according to Article 63 of the c are as follows:

- When a ward attains full legal capacity, the guardian shall settle the property with the ward and transfer all rights and obligations arising from civil transactions concluded by the guardian on behalf of that ward within 15 days from the date of termination of guardianship.

- If a ward dies, the guardian must settle up the property with the ward's heirs or transfer the property to the estate administrator of the ward, or transfer all rights and obligations arising from the civil transactions on behalf of the ward within three months as from the date on which the guardianship terminates; if the ward's heirs are unidentifiable upon the expiry of such time limit, the guardian shall continue to manage the property of the ward until the property has been settled in accordance with the provisions of law on inheritance and shall notify such to the People's Committee of the commune where the ward resides.

- With regard to termination of guardianship prescribed in Point c and Point d Clause 1 Article 62 of this Code, the guardian shall settle up the property and transfer all rights and obligations arising from the civil transactions on behalf of the ward to the ward’s parent within 15 days from the date of termination of guardianship.

- The settlement of property and transfer of rights and obligations prescribed in this Article must be made in writing under supervision of the guardianship supervisor.

2. Regulations on management of property of wards in Vietnam

Regulations on management of property of wards in Vietnam under Article 59 of the Civil Code 2015 are as follows:

- The guardian of a minor or a legally incapacitated person must manage the property of his/her ward as if it were his/her own property.

The sale, exchange, lease, lending, pledge, mortgage, deposit and other transactions involving the property of the ward, which has a high value, must have the consent of the guardianship supervisor.

The guardian must not donate the property of his/her ward to other persons. Unless the transaction is undertaken for the interests of the ward and the guardianship supervisor consents to the transaction, all civil transactions between the guardian and his/her ward in connection with the latter's property shall be void.

- The guardian of a person with limited cognition and behavior control shall manage the property of the ward specified in the decision of a court according to guardianship scope prescribed in Clause 1 of Article 59 of the Civil Code 2015.

3. Rights of guardians in Vietnam

The rights of guardians in Vietnam under Article 58 of the Civil Code 2015 are as follows:

- The guardian of a minor or a legally incapacitated person shall have the following rights:

+ Use the property of the ward in order to take care of and pay for the needs of the ward;

+ Receive payment of all necessary expenditures on management of the property of the ward;

+ Represent the ward in the establishment and performance of civil transactions in order to protect legitimate rights and interests of the ward.

- The guardian of a person with limited cognition and behavior control shall have rights specified in the decision of a court according to the rights prescribed in Clause 1 of Article 58 of the Civil Code 2015

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