I. Subjects to be tutored
1. Definition of a custodian
Guardianship is an individual or legal entity prescribed by law, appointed by a commune-level People’s Committee, appointed by a court, or prescribed in Clause 2, Article 48 of the Civil Code (hereinafter collectively referred to as guardian households) to take care of and protect the legitimate rights and interests of minors, people with civil act capacity, or people with cognitive difficulties or controlling acts (below collectively referred to as the ward). In case of guardianship for a person with limited cognition or behaviour control, his/her consent must be granted if he/she is capable of expressing his/her will at the time of request.
a) Minors who have no fathers or mothers, or their fathers or mothers cannot be identified;
b) Minors having fathers or mothers, but their fathers or mothers have lost their civil act capacity; fathers and mothers have difficulties in cognition and behaviour control; both parents have limited civil act capacity; parents are declared by the Court to restrict their rights to their children; fathers and mothers are not in adequate condition to care for and educate their children and require guardians;
c) Persons incapable of civil acts; and
d) People with cognition and behaviour control difficulty. A person may only be a guardian, except when the parent is the guardian of the child or the grandparent or guardian of the grandchild.
a) Individuals and legal entities who fully meet the conditions prescribed in this civil code may act as custodians;
b) In case a person with full capacity for civil acts selects his/her guardian, when he/she is in a state in need of guardianship, the individual or legal entity may choose to be a guardian if this person agrees. The selection of the guardian must be made in a notarised or authenticated document; and
c) Individuals or a legal entity may be the guardian of many people.
II. The procedures need to be followed
1. Documents to be submitted
- Guardianship registration form;
- Written appointment of a guardian in accordance with the Civil Code in case of guardianship registration;
- Proving the natural guardianship conditions prescribed by the Civil Code in case of natural guardian registration. In case more than one person is eligible to act as a natural guardian, a written agreement on the appointment of a natural guardian shall be submitted; and
- Authorisation document as prescribed by law in case of authorisation to perform guardian registration. In case the authorised person is a grandfather, grandmother, father, mother, child, wife, husband, or sibling of the authorised person, the power of attorney is not notarised or certified but must be accompanied by documents proving relationship with the authorised person.
Additionally: When traveling both must bring ID card / Citizen card, Passport and Household registration book to prove their place of residence.
Maybe you’re interested in: 5 Things you should know when Adopting A child in Vietnam
2. Implementing agency: Commune-level People’s Committee of the ward or guardian performs guardian registration.
3. Fees: Exemption of fee.
4. Lead time: 03 working days from the date of receipt of all required documents.
However, other problems occurring through the child registration procedure can depend on the situation. Therefore, clients should seek a reputable law firm to carry out their procedures.
P & Associates is a professional law firm which is established in Vietnam with nearly 100 members working in three offices in Ho Chi Minh city, Hanoi and Danang. P & Associates is also recognised as one of the largest and most highly regarded corporate law firms in Vietnam which has leading expertise in areas of Labour and Employment, Banking Law, Taxes, Purchases, Selling and Merging, Litigation, and IPO advisory services. We are confident to provide services to aid in performing procedures related to custody of children to clients.