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Steps for guardianship foreign elements registration in Vietnam

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Guardianship is a “old” institution of Vietnamese civil law. Right from the Civil Code of 1995 – the first law after Vietnam reunified the country – has recognized the guardianship status. After that, the Civil Code of 2005 and 2015 continued to inherit and supplement and adjust to suit real life. So about the matter “Steps for guardianship foreign elements registration in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

  • Civil Code 2015
  • Law on Marriage and Family 2014
  • Decree No. 126/2014/ND-CP

Place of filing for guardianship registration with foreign elements

Direct submission form

If choosing the form of direct submission, the person requesting guardianship registration shall submit the guardianship registration dossier at the One-Stop-Shop Section/Public Administration Center of the competent district-level People’s Committee; pay fees if they are required to pay guardianship registration fees; pay the fee for issue of copies of the guardianship registration extract if there is a request for a copy of the guardianship registration extract.

Online submission form

If you choose to submit your application online, the person who requires guardian registration can access the National Public Service Portal or the Provincial Public Service Portal, register an account (if you do not have an account), authenticate the person or use according to instructions, log in to the system, properly identify the competent district-level People’s Committee.

Persons who request online guardianship registration provide information using an interactive electronic form for guardianship registration (provided on the Public Service Portal), attaching a photocopy or an electronic copy of papers and documents according to the law; pay fees and charges through the online payment function or by other methods as prescribed by law, complete the application.

Components of the application for guardianship registration include foreign elements

An application for guardianship registration with foreign elements includes the following documents:

– Guardianship registration declaration form (if the requester chooses to submit the dossier in person);

– An interactive electronic form for guardianship registration (by the requester providing information according to the instructions on the Public Service Portal, if the requester chooses to submit the application in the online form);

– The person requesting guardianship registration shall submit/present (in person) or upload (in the online form) the following documents:

Documents to be submitted

– A document appointing a guardian according to the provisions of the Civil Code in case of registration of guardian appointment; papers proving the natural guardianship conditions as prescribed by the Civil Code for the case of natural guardian registration.

In case more than one person is eligible to act as a natural guardian, an additional written agreement on appointing one person as natural guardian shall be submitted;

– Power of attorney (certified) as prescribed by law in case of authorization to carry out guardianship registration.

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 be presented

– Passport or ID card or citizen identification card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the lover guardian registration request.

In case the personal information in these documents is already in the National Database, the electronic database, and is automatically filled in by the system, it is not required to present (in direct form) or upload (in the online form);

– Proof of residence:

+ In case the information about documents proving the place of residence is already in the National Park Service and is automatically filled in, it is not required to present (in direct form) or upload (in the online form);

+ In case the application is sent via the postal system, it must be enclosed with certified copies of the above-mentioned papers to be presented.

* Note

– For submitted documents, to present if the requester submits the dossier in person:

+ For papers presented during civil status registration, the recipient is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter. , may not be required to submit a copy or photocopy of such document.

+ The civil status registration requester may submit a certified true copy from the original or a copy issued from the original book or a photocopy enclosed with the original papers for comparison.

In case the requester submits a photocopy enclosed with the original document, the receiver is responsible for checking and comparing the photocopy with the original and signing for certification.

+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law and must not require civil status registrants to submit additional papers which are not required by civil status law to be submitted.

– For attached documents if the requester submits the application online:

+ Photocopies of documents attached to the online guardianship registration dossier must be clear, complete and complete in terms of content, taken with a camera or phone or taken or scanned by a device, from validly issued papers, still valid; if it is a document issued by a foreign competent authority, it must be consularly legalized and translated into Vietnamese according to regulations, except for cases where consular legalization is exempted.

+ In case the papers and documents that must be enclosed in the online guardianship registration dossier already have an electronic copy or have an electronic copy of the civil status paper, the requester may use this electronic copy.

+ When going to the civil status registrar to receive the results (Guardian registration extract / copy of guardianship registration extract), the person who requests for guardianship registration presents personal papers and submits the original documents. The sheet is a component of the guardianship registration dossier in accordance with the civil status law.

In case the guardianship registration requester fails to provide the above-mentioned papers as prescribed or the submitted or presented papers are erased, modified or forged, the civil status registration agency has the authority to cancel the results of guardian registration.

Steps for guardianship foreign elements registration in Vietnam

Step 1: Submit your application

Persons who request guardianship registration shall submit guardianship registration dossiers according to the forms in Section 1.

Step 2: Receipt of application

The dossier-receiving officer at the One-Stop-Shop is responsible for checking the accuracy, completeness, consistency and validity of the dossier.

Case (1): In case the application is complete and appropriate,

– Receive the application, have an appointment slip, return the results to the requester (if the requester chooses to submit the application directly) or immediately send the appointment slip, return the results by email or send a message and make an appointment to return results via mobile phone to the requester (if the requester chooses to submit the application online); transfer the dossier to civil status civil servants for processing.

– After receiving dossiers in the form of direct submission, the dossier-receiving officer at the One-stop-shop will digitize (copy, convert into electronic documents on the information system, database) and digitally sign documents and records for handling administrative procedures that have been digitized according to regulations.

Case (2): In case the dossier is incomplete or invalid, a notice shall be sent to the requester to supplement and complete the dossier, clearly stating the types of papers and contents that need to be supplemented so that the requester can supplement the dossier.

After the records are added, repeat the step of case (1);

Case (3): In case the person requesting guardianship registration fails to supplement or complete the dossier, it shall report to the head of the one-stop-shop for a notice of refusal to handle the guardian registration request.

Step 3:

– Civil status civil servants verify dossiers (verify the consistency and validity of information in dossiers, papers and documents submitted, presented or attached by requesters).

+ In case the dossier needs to be supplemented or completed or is not eligible for settlement and must be rejected, a notification of the status of the application should be sent to the One-Stop-Shop to notify the applicant – repeat the process.

+ In case it is necessary to check, verify, clarify or due to other reasons, the results cannot be returned on time, then:

Civil status officer shall make an apology slip and reschedule the result return date, clearly stating the reason for the delay in returning the results and the appointment time to return the results, if the requester chooses to submit the application directly),

Or send an apology slip and reschedule the result by email or send a text message via mobile phone to the requester (if the requester chooses to submit the application online).

+ If it is found that the request for guardianship registration meets the conditions prescribed by law, the dossier is complete, valid and in accordance with regulations, in case of receiving the guardianship registration dossier in direct form, then:

Civil status officers shall record in the guardianship registry, update guardianship registration information and officially save it on the shared electronic civil status registration and management software.

In case of receiving the guardianship registration dossier online, the civil status officer shall return the Extraction form for electronic guardianship registration with complete information to the requester via email or device.

The requester is responsible for checking the accuracy and completeness of the information on the Extraction form for electronic guardianship registration and certification (maximum one day).

If the requester for confirmation of the agreed and complete information or has no response after the request time limit, the civil status officer shall record the contents in the guardianship register, update the information and officially save it on the shared electronic civil status management and registration software.

Step 4:

– Civil status civil servants print the guardianship registration extract, submit it to the leader of the People’s Committee for signature, and transfer the results to the one-stop department to the requester.

– Persons who request guardianship registration check the information on the guardianship registration extract, sign in the guardianship registration book, and receive the guardianship registration extract.

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Frequently asked questions

What is guardianship with foreign elements?

Under the provisions of the Civil Code, guardianship is an individual or legal entity that meets the conditions prescribed by law or is appointed by the People’s Committee of commune, appointed by the Court or to perform the care. take care of and protect the lawful rights and interests of minors, people who have lost their civil act capacity, and people with difficulties in cognition and behavior control.
A foreigner is a person who does not have Vietnamese nationality. The guardianship involving foreign elements must satisfy the guardianship conditions prescribed by Vietnamese law.
Guardians include natural guardians and appointed and appointed guardians.

What is natural guardian registration?

The person appointed as guardian shall prepare the dossier and submit it to the People’s Committee of the district where the ward resides or the guardian shall register the guardianship between Vietnamese citizens and foreigners residing in the same country. Records include:
– Guardianship registration form.
– Letter of appointment of guardian.
– Judicial record card of the person appointed as guardian.
– List of assets of the ward (03 copies) and clearly stating the status of such property, signed by the appointing guardian and the appointed guardian. (In case the ward has his own property)
– Passport, visa and residence certificate of the appointed guardian (foreigner, overseas Vietnamese) including the copy and the original.
– Identity card and household registration of the guardian (Vietnamese citizen) including the copy and the original.
Identity card and household registration of the ward (if any) a certified true copy, or a copy enclosed with the original for comparison.
Within 3 working days from the date of receipt of the prescribed dossier, if the guardianship conditions are satisfied as prescribed by law, the civil status officer shall record in the civil status book and sign the guardianship registrant together with the guardian. in the civil status book. The Justice Division will report to the Chairman of the district-level People’s Committee to issue an extract to the requester.

What is registration for guardianship?

The applicant for guardianship registration shall submit a dossier to the district-level People’s Committee. The application includes the above documents.
Within 05 working days from the date of receipt of complete dossiers as prescribed, civil status officers shall verify. If finding that the guardianship conditions are satisfied as prescribed by law, it shall be recorded in the civil status book and signed in the civil status book together with the guardian registrant. The Justice Division will report to the Chairman of the district-level People’s Committee to issue an extract to the requester.

Conclusion: So the above is Steps for guardianship foreign elements registration in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com

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