Who is considered a natural guardians of minors under the law in Vietnam?

Who is considered a natural guardians of minors under the law in Vietnam? (Internet image) 

Regarding this issue, LawNet answers as follows:

1. Who is considered a natural guardians of minors under the law 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 47 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 47 of the Civil Code 2015, a biological uncle or aunt of the ward shall be the guardian.

2. Who is considered a natural guardians of incapacitated personứ under the law in Vietnam?

According to Article 53 of the Civil Code 2015, if there is no guardian prescribed in Clause 2 Article 48 of the Civil Code 2015, the natural guardian of a legally incapacitated person shall be determined as follows:

- If a wife is a legally incapacitated person, her husband shall be the guardian; if a husband is a legally incapacitated person, her wife shall be the guardian;

- If both parents are incapacitated persons or either of them is a legally incapacitated person and the other does not fully meet requirements to be a guardian, the eldest child shall be the guardian; if the eldest child does not fully meet the requirements to be a guardian, the next eldest child shall be the guardian;

- If an adult being a legally incapacitated person has no spouse or child or such person has spouse or children but they do not fully meet the requirements to be a guardian, his/her father and/or mother shall be the guardian.

3. Regulations on supervision of guardianship

Regulations on supervision of guardianship according to 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 Article 51 of the Civil Code 2015, 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 the Civil Code 2015.

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

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