Requirements for natural persons to be guardians in Vietnam

Requirements for natural persons to be guardians in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Requirements for natural persons to be guardians in Vietnam

According to Article 49 of the Civil Code 2015, 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. Regulations on supervision of guardianship in Vietnam

Regulations on supervision of guardianship under Article 51 of the Civil Code 2015 are as follows:

- 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.

- 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.

- 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.

- 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 this Code.

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

3. Regulations on natural guardians of minors in Vietnam

According to Article 52 of the Civil Code 2015, a natural guardian of a minor prescribed in Points a and b Clause 1 Article 47 of the Civil Code 2015 shall be determined as follows:

- The eldest brother or sister shall be the guardian of the ward; if the eldest brother or sister fails to satisfy all requirements for acting as a guardian, the next eldest brother or sister shall be the guardian, unless otherwise agreed that another biological brother or sister shall be the guardian;

- If there is no guardian prescribed in Clause 1 of Article 52 of the Civil Code 2015, the paternal grandfather, grandmother or the maternal grandfather, grandmother shall be the guardian; or those persons shall agree to appoint a person or some persons to be guardian(s);

- If there is no guardian prescribed in Clause 1 and Clause 2 of Article 52 of the Civil Code 2015, a biological uncle or aunt of the ward shall be the guardian.

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