According to Clause 1, Article 46 of the 2015 Civil Code, guardianship is an individual or legal entity prescribed by law, appointed by the commune-level People’s Committee, appointed by a court or prescribed in Clause 2, Article 48 of the Civil Code. This Code (hereinafter referred to as guardians) is to take care of and protect the lawful rights and interests of minors, people who have lost their civil act capacity, and people with cognitive difficulties. , conduct acts (hereinafter collectively referred to as the ward).
Features of Guardians
– Firstly, on the subject of guardianship including:
+ Minors no longer have a father or mother or their father or mother cannot be identified;
+ An adult who has a father or mother but both parents have lost their civil act capacity; both parents have difficulties in perception and behavior control; both parents have limited civil act capacity; both parents have been declared by the Court to have limited rights to their children; parents are unable to care for and educate their children and require a guardian;
+ Persons who have lost their civil act capacity;
+ People with difficulties in cognition and behavior control.
Note: One person can only have one guardian (unless a parent co-guards a child or a grandparent co-guards a grandchild).
– Second, a guardian can be an individual (including father, mother, adult child, brother, sister, grandfather, grandmother and other relatives), legal entity (including social organizations, organizations, etc.) charity) or state agencies (including labor, war invalids and social agencies).
If in case a person with full civil act capacity chooses a guardian for him/her, when he/she is in a situation where he/she needs a guardian, an individual or legal entity may be selected as a guardian if he/she agrees. idea.
Note: The selection of guardians must be made in writing, notarized or authenticated, noting the selection of guardians.
– Third, the principle of guardianship:
+ The guardianship must be registered at a competent state agency in accordance with the law on civil status;
Note: The natural guardian who does not register for guardianship still has to perform the guardian’s obligations.
+ An individual or legal entity can guardian for many people.
Conditions of Guardianship
When an individual acts as a guardian, the following conditions must be met:
– Having full civil act capacity;
– Having good moral character and necessary conditions to exercise the guardian’s rights and obligations;
– An individual who is not a person being examined for penal liability or a person who has been convicted but has not had his/her criminal record cleared for one of the crimes of intentionally infringing upon the life, health, honor, dignity or property of the individual. others;
– The individual is also not the person whose rights have been restricted by the Court.
Similar to individuals, legal entities must meet the following conditions to be a guardian:
– Having civil legal capacity suitable for guardianship;
– Having the necessary conditions to exercise the rights and obligations of the guardian.
Guardianship registration procedure
First, the agency competent to handle is the commune-level People’s Committee of the place where the ward or guardian resides to register the guardianship.
Secondly, when conducting guardianship registration, it is necessary to prepare a dossier including the following documents:
– Guardianship registration form (Form in Appendix 5, Circular 04/2020);
– Letter of appointment of guardian (in case of registration of appointment of guardian);
– Papers proving the natural guardianship conditions (in case of natural guardian registration).
– A written agreement on appointing a natural guardian (in case more than one person is eligible to act as a natural guardian);
– Power of attorney (in case of authorization for guardianship registration).
Note: During the application process, applicants need to present their ID card/CCCD/Passport and household registration book/temporary residence registration book.
Third, the steps are:
Step 1: Prepare 01 (One) of the above documents and submit
The applicant submits the application by 02 (Two) following ways:
Option 1: Submit directly to the Commune People’s Committee
Option 2: Submit online at: https://dichvucong.gov.vn/ or send documents via postal system.
Step 2: The application process
If the application is complete and valid, the person receiving the application will receive and give an appointment letter
If the application is incomplete or incomplete, the recipient will guide the application to supplement the application as prescribed. In case it is not possible to supplement or complete the date, a written instruction must be made.
Step 3: Return the result
Within 03 (Three) working days from the date of receipt of all required documents, the commune-level People’s Committee shall issue an extract of guardianship registration to the requester.
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