Register terminate, change of guardianship between Vietnam together citizens residing abroad, or between Vietnam citizens residing abroad and foreigners in Vietnam representative agencies abroad

The process of registering for a termination or change of guardianship between Vietnam citizens residing abroad, or between Vietnam citizens residing abroad and foreigners in Vietnam representative agencies abroad, involves several steps and procedures that need to be followed. This is an important legal matter as it affects the rights and responsibilities of both the guardian and the ward, and therefore it is crucial to understand the process thoroughly.

Firstly, it should be noted that the laws governing guardianship in Vietnam are primarily based on the provisions of the Civil Code and the Law on Marriage and Family. According to these laws, guardianship is a legal relationship established between a guardian and a ward, where the guardian takes care of the ward’s personal and property interests. The guardian can be either a natural person or a legal entity, and they have the responsibility to provide for the ward’s needs and represent them in legal matters until they reach the age of majority.

Now, let us look at the registration process for a termination or change of guardianship between Vietnam citizens residing abroad. The first step is to submit an application for termination or change of guardianship to the competent authority in Vietnam, which is usually the People’s Committee of the province where the ward resides. The application should include the following documents:

  1. A written request signed by the guardian or both guardians, if there are two.
  1. A written agreement from the ward, if they are 15 years of age or above.
  1. Birth certificates of the guardian and the ward.
  1. Identity documents of the guardian and the ward, such as passports or ID cards.
  1. Marriage certificate of the parents, if they are still married.
  1. If the ward has no living parents, a death certificate of the parent who passed away.
  1. If the ward has any properties or assets, documents proving their value and ownership.

After submitting the application, the competent authority will review the documents and make a decision on whether to approve or reject the request for termination or change of guardianship. This decision will be based on the best interests of the ward and their ability to take care of themselves.

In cases where the guardian is a foreigner, there are additional requirements that need to be fulfilled. According to the Law on Marriage and Family, a foreigner can only become a guardian if they have a permanent residence in Vietnam, are not prohibited from entering Vietnam, and have not been convicted of any criminal offenses. Moreover, the foreigner must also provide a notarized document from their country of origin, certifying that they are eligible to be a guardian under the laws of their country.

Once the competent authority approves the request for termination or change of guardianship, the guardian’s duties and responsibilities will cease, and the ward will no longer be under their care. The new guardian, whether it is another Vietnam citizen residing abroad or a foreigner, will then have all the rights and obligations of a legal guardian towards the ward.

In conclusion, the process of registering for a termination or change of guardianship between Vietnam citizens residing abroad, or between Vietnam citizens residing abroad and foreigners in Vietnam representative agencies abroad, requires the submission of necessary documents and the approval of the competent authority. It is important to follow the procedures correctly to ensure that the rights and interests of both the guardian and the ward are protected according to the law.

Steps

 

The order of execution ​ ​ ​ ​

 ​ ​Name step Description step
​1. Submit ​Apply in person at the headquarters of therepresentative body
(See list of missions with consular functionsfor more detailed information about the address and time of filing and receiving results)
​2. To receive dossiers,consider and resolve Agency representatives review records, if anyunclear points need to verify the power of the State Department Bureau of Consular Affairs
3. Verify (if necessary) Get a direct result in their offices orrepresentatives by mail

Files

 

Ingredients Profile ​ ​ ​

 ​ ​​Ingredients Profile
​1. Registration declaration to terminate the guardianship (in the prescribed form)
​2. Decision to recognize the tutorship previously granted and produce the necessary documents to prove eligibility to terminate the guardianship, under the provisions of the Civil Code.
​3. In the case of the ward to own property, have been made in the listwhen registering guardian, then the request to terminate the guardianship must submit the list of assets and asset categories ofpersons present Guardian.
​4. In cases where the guardian requesting a change of guardianship andother persons eligible to act as guardian, the party registrationprocedures to terminate the guardianship of old and new registrationguardianship as stipulated.
​Number of records One (01) item.
Form, declaration form ​ ​ ​ ​ ​ Documents specified
 ​Name form, declaration form ​
Register terminate, change of guardianship betweenVietnam together citizens residing abroad Download
​ The declaration of termination of guardianship  BTP-NGHT-2007-GH.3 Download