What is guardianship? Regulations on guardians and wards in Vietnam

What is guardianship? Regulations on guardians and wards in Vietnam (Internet image)

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

1. What is guardianship?

According to Article 46 of the Civil Code 2015, regulations on guardianship are as follows:

- 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).

- When a person with limited cognition and behavior control is capable of expressing his/her will anytime when he/she requests the guardianship, his/her consent is required.

- The guardianship must be registered at a competent authority as prescribed in law on civil status affairs.

Natural guardians must fulfill their obligations regardless of their registration of guardianship.

2. Regulations on guardians and wards in Vietnam

2.1 Guardian

- 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.

(Article 48 of the Civil Code 2015)

2.2 Wards

Wards include:

- Minors who have lost their mothers and fathers, or whose parents are unidentifiable;

- Minors whose parents are both incapacitated persons; parents have limited cognition or behavior control; parents have limited capacity of exercise; parents have their parental rights restricted by a court; and parents do not have the means to care for or educate such minor and the parents request the minor to be a ward;

- Incapacitated persons;

- Persons with limited cognition or behavior control.

A person may only be a ward of one guardian, except where the guardians are parents in charge of one child or grandparents in charge of one grandchild.

(Article 47 of the Civil Code 2015)

3. Conditions for being a guardian in Vietnam

Conditions for being a guardian are specified as follows:

3.1 Requirements for natural persons to be guardians

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.

(Article 49 of the Civil Code 2015)

3.2 Requirements for juridical persons to be guardians

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.

(Article 50 of the Civil Code 2015)

  Nguyen Ngoc Que Anh

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