Administrative fines of regulations on guardianship registration in Vietnam

by Thu Huong

Today, LSX Lawfirm will give you an article about: “Administrative fines of regulations on guardianship registration in Vietnam”, as follows:

Civil Code 2015;

Decree 82/2020/ND-CP

According to Clause 1, Article 46 of the 2015 Civil Code. It is an individual or legal body designated by law. A court or a competent person appoints it to the commune-level People’s Committee. Next, civilians make a conscious decision to safeguard and preserve kids’ lawful rights and interests. People who have lost their civic act capacity, as well as those who have difficulty controlling their thoughts and actions.

The guardian can be an individual or a legal entity. So, an individual or legal entity can guardian for many people.

Also according to Article 49 of the 2015 Civil Code, individuals acting as guardians must satisfy the following conditions:

– Conditions of individuals as guardians

– Conditions of the legal person to act as a guardian

Who can act as a guardian?

Currently, the law divides guardians into two types: natural guardians and appointed and appointed guardians.

The natural guardian of a minor (who has lost his or her father or mother or has lost his/her civil act capacity…) means:

– Firstly, the older brother is the eldest brother, and the older sister is the guardian. If the eldest biological brother or sister fails to meet all of the requirements to function as a guardian, the next biological brother or sister will take over. Unless another biological brother or sister agrees to act as guardian in their place;

– Secondly, grandfather, paternal grandmother, maternal grandfathers are guardians or these persons agree to appoint one or several of them as guardians;

– Besides, your biological uncle, biological aunt, or biological aunt is the guardian.

The natural guardian of a person who has lost his/her civil act capacity determines as follows:

  • In the event that the wife loses her civil act capacity, the husband becomes the guardian. The woman shall be the guardian if the husband has lost his or her civil act competence.
  • The eldest child is the guardian when both parents have lost their civil act ability or one of them has lost their civil act capacity and the other is not completely equipped to act as a guardian. If the eldest child is not qualified to function as a guardian, the guardian is the next child who is eligible to act as a guardian.
  • If an adult who has lost his or her civil act ability does not have a wife, husband, or children, or if he or she does,

Guardianship registration procedure

Guardianship includes two types of guardianship and natural guardian. The commune-level People’s Committee of the place of residence of the ward or guardian shall register for guardianship.

  • Procedures for registration of guardianship
  • Procedure for natural registration

– Conditions of individuals as guardians

According to Article 49 of the 2015 Civil Code:

“Individuals who fully meet the following conditions can act as guardians:

a. Have full capacity for civil acts.

b. Having good moral character and necessary conditions to exercise the rights and obligations of a guardian.

c. Not being a person who is being examined for penal liability or a person who has been convicted. But has not yet had his criminal record cleared for one of the crimes of intentionally infringing upon the life, health, honor, dignity and property of others.

d. Not a person whose rights have been restricted by the Court.

– In case the wife is a person who has lost her civil act capacity, the husband shall be the guardian. if the husband is a person who has lost his/her civil act capacity, the wife shall be the guardian;

– Where both parents have lost their civil act capacity or one of them has lost their civil act capacity and the other is not fully qualified to act as a guardian, the eldest child is the guardian. if the eldest child is not eligible to act as a guardian, the next child who is eligible to act as a guardian is the guardian;

– In case an adult who has lost his/her civil act capacity has no wife, husband, or children. Or has a spouse or child who is ineligible to act as a guardian, his/her father or mother is the guardian.

Administrative fines for violations of regulations on guardianship registration

The administrative fine levels for violations of regulations on registration are specified in Article 42 of Decree 82/2020/ND-CP, specifically as follows:

– A fine ranging from VND 1,000,000 to VND 3,000,000. It will impose for erasing, correcting, and falsifying contents of papers. It is issued by competent agencies, organizations to carry out guardianship registration procedures.

– A fine of between VND 3,000,000 and 5,000,000. It will impose for one of the following acts:

a) Using other people’s papers to carry out guardianship registration procedures;

b) Providing false information and documents about contents.

– A fine ranging from VND 5,000,000 to VND 7,000,000. It impose for using fake papers of individuals to carry out guardianship registration procedures.

– Remedial measures:

Proposing competent agencies, organizations, and persons to consider and handle the issued papers. And documents due to violations specified in the following acts:

+ Erasing, correcting, falsifying contents of papers issued by competent agencies, organizations.

+ Performing processes on other people’s paperwork;

Providing false information and documents about guardianship registration contents.

According to Article 49 of the 2015 Civil Code:

“Individuals who fully meet the following conditions can act as guardians:

a. Have full capacity for civil acts.

b. Having good moral character and necessary conditions to exercise the rights and obligations of a guardian.

c. Not being a person who is being examined for penal liability or a person who has been convicted. But has not yet had his criminal record cleared for one of the crimes of intentionally infringing upon the life, health, honor, dignity and property of others.

d. Not a person whose rights have been restricted by the Court.

New points on Management, change and transfer of guardians

The Civil Code 2015 has important changes, marking the progress in the law-making point of legislators. So, it meets the development needs of Vietnam. South in the new period. It should be said that the individual is the first subject of civil law, so changes in personal institutions. Especially “New Points on Management, Change, and Transfer of Guardians” are a step forward. advancement of the law.

Change of guardian

Article 60 of the 2015 Civil Code regulates the change of guardians, compared with the old code. Basically the cases of guardian change are not different. In the Civil Code 2015, the guardian is a legal entity and a ward is a person who has difficulty in perception and behavior control. Point b, Clause 1, Article 60  of the 2015 Civil Code has the corresponding additions.

Article 61 of the 2015 Civil Code also has a new point that is to remove the provisions:

” The guardianship transfer must be recognized by the People’s Committee of the commune, ward or township where the guardian resides”.

The article is posted for the purpose of educating the law, not for commercial purposes. The above information is for reference only. Therefore, when reading this information, you need to consult a lawyer or consultant before applying it in practice.

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Change of guardian
Article 60 of the 2015 Civil Code regulates the change of guardians, compared with the old Civil code.
In the Civil Code 2015, the guardian is a legal entity and award is a person who has difficulty in perception and behavior control

What are the conditions to be a guardian?

According to Article 49 of the 2015 Civil Code:
“Individuals who fully meet the following conditions can act as guardians:
a. Have full capacity for civil acts.
b. Having good moral character and necessary conditions to exercise the rights and obligations of a guardian.
c. Not being a person who is being examined for penal liability or a person who has been convicted. But has not yet had his criminal record cleared for one of the crimes of intentionally. It is infringing upon the life, health, honor, dignity and property of others.
d. Not a person whose rights have been restricted by the Court.”

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Employee’s rights when terminating the labor contract without a valid reason by Vietnamese law. If you need any further information, please contact LSX Law firm+84846175333 or Email: hoangson@lsx.vn

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