Procedures for registration of guardianship termination with foreign elements in Vietnam

The purpose of guardianship in Vietnamese law is to safeguard the justifiable rights and interests of social groups that have not reached their full physical or mental potential. Natural guardians and guardians appointed by a competent state agency are the two types of guardianship prescribed by law, with natural guardians being individuals only. When it comes to circumstances satisfying the law, the guardians can terminate the guardianship. For procedures of cases involving foreign elements, there are some differences to the procedures for domestic citizens only. In this article, LSX legal firm provides: “Procedures for registration of guardianship termination with foreign elements in Vietnam”

Legal grounds

• Civil Code 2015
• Law on Civil Status 2014
• Decision no. 1872/QD-BTP in 2020

Guardianship under Vietnamese legislation

Guardianship

Article 46 of the Civil Code 2015 stipulates:

Guardianship means an individual or organization (hereinafter referred collectively to as guardian) 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).

Wards include: 

1. Minors who have lost their mothers and fathers, or whose parents are unidentifiable.
2. 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.
3. Incapacitated persons.
4. Persons with limited cognition or behavior control.

Conditions to become a guardian in Vietnam

Requirements for natural persons to become a guardian

Each natural person who meets all of the following requirements may act as a guardian:

1. Having full legal capacity.
2. Having good ethics and the necessary means to exercise rights and fulfill the obligations of a guardian.
3. Not being a person facing 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.
4. Not being a person having parental rights to a minor child restricted by a court.

Requirements for juridical persons to become a guardian

Each juridical person who meets all of the following requirements may act as a guardian:

1. Having civil legal personality in conformity with the guardianship;
2. Having necessary means to exercise rights and fulfill the obligations of a guardian.

Termination of guardianship

Clause 1 of the Civil Code 2015 stipulates terminating cases of guardianship as follows:

1. A guardianship shall be terminated in any of the following cases:
   a) The ward attains full legal capacity;
   b) The ward dies;
   c) The ward’s father and/or mother have/has fully met the conditions to exercise his/her rights or fulfill his/her obligations;
   d) The ward has been adopted.

Registration of guardianship termination with foreign elements in Vietnam

The Law on Civil Status 2014 stipulates that the procedures for guardianship termination or change registration between Vietnamese citizens and foreigners must comply with Articles 22 and 23 of this Law.
Accordingly:

Article 22. Registration of guardianship termination

1. Requesters for guardianship termination registration shall submit guardianship termination registration declarations, made according to a set form, and papers serving as the basis for guardianship termination as prescribed by the Civil Code to the civil status registration agency.
2. Within 2 working days after receiving complete papers specified in Clause 1 of this Article, if seeing that the conditions for guardianship termination are fully met in accordance with the Civil Code, the justice and civil status officer shall record the guardianship termination in the civil status book and together with the guardianship termination registrant sign in the civil status book, and report to the chairperson of the commune-level People’s Committee to issue an extract to the requester.

Article 23. Registration of guardian change

In case of a request for change of guardians in accordance with the Civil Code and there are other eligible persons wishing to act as guardians, parties shall carry out the procedures for registration of the previous guardianship termination and make new guardianship registration under the provisions of this Section.

Dossier for registration of guardianship termination with foreign elements

Application includes:

• A declaration for registration of guardianship termination, made according to the form under Circular 15/2015/TT-BTP or download here: 

• Papers used as a basis for guardianship termination according to the provisions of the Civil Code.
• Power of attorney (certified) as prescribed by law in case of authorization to register for guardianship termination. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister, or younger brother of the authorizing person, the power of attorney is not required to be authenticated.

Documents to present:

• Passport or identity card or citizen identification card or other papers with photos and personal information issued by competent authorities, valid for use to prove the identity of the lover request for registration of termination of guardianship.
• In case the application is sent through the postal system, it must be enclosed with a certified true copy of the above-mentioned papers.

Procedures for registration of guardianship termination with foreign elements in Vietnam

Decision 1872/QD-BTP in 2020 provides for the procedures to register for termination of guardianship with foreign elements as follows:

1. Persons requesting registration of guardianship termination shall submit dossiers to competent district-level People’s Committees. The recipient takes responsibility for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
2. If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the application is incomplete or incomplete, the applicant shall be instructed to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the requester.
3. If the conditions are satisfied as prescribed by law, the Justice Division shall report to the Chairman of the district-level People’s Committee. If the President of the district-level People’s Committee agrees to the settlement, the requester shall sign an extract for registration of guardianship termination; civil status officers shall record in the guardianship termination registration book, guide the requester to check the contents of the guardianship termination registration extract and the guardianship termination registration book, and sign the Book together with the requester for registration of guardianship termination.

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