Contents of Administrative procedures - Department of Justice

Procedure Registration for guardianship with foreign elements
Process

Step 1: Person appointed as guardian fills in the registration form for guardianship and prepares necessary papers to submit to the Point of Single Contact (PSC or One-Stop-Shop) of the Ha Noi Department of Justice for consideration.   

Step 2: PSC receives and checks dossier. If the dossier is complete and valid, PSC will accept it and give the applicant a receipt with an appointment of the time and date for return of the result. 
If the dossier remains incomplete and needs to be added, the applicant shall be advised to add.
And in case the dossier goes beyond the authority of PSC, the applicant will be guided to the upper related agency for further consideration as required by the rules. 
  
Step 3: PSC notes the list of the applicants in the book, then hands their dossiers over to the Section for Foreign Civil Status for further consideration as stipulated

Step 4: The Section for Foreign Civil Status receives and checks the dossier, based on which it will consider giving the results to the applicant in time as stipulated.    
In case the dossier needs to be added or double checked, the Section for Foreign Civil Status is required to consult PSC, so that the latter will keep the applicant informed, or to give a deadline to settle the issues. 

Step 5: PSC receives the results, takes notes and returns result to the applicant. 
 

Where to submit Person who is appointed as guardian is responsible for submitting dossier directly to PSC attached to the Ha Noi Department of Justice. Authorization is not accepted. Submission at PSC of the Ha Noi Department of Justice Address: 1B Tran Phu Street, Ha Dong, Ha Noi Telephone: 0433546151/ or 0433546163
Contents and number of the dossier

Dossier contents
1. Application form for guardianship registration (the sample attached);
2. Paper of guardian appointment written by the person who appointed guardianship;
If more than one  person appoint the guardian together,, all of them must sign in the paper.
3. CV of the guardian;
4. List of properties of the ward (3 copies) and the status of his/her properties require the signatures of both the person who appointed guardian and the ward if the latter has private properties; .
5. Passport, visa and Certificate on Resident of the guardian who is foreigner or Vietnamese overseas. Applicant can submit notarized copies or copies attached to the original papers for comparison.
6. Notarized copies/ or copies attached to the original ID and Resident Register of the person who appointed guardianship (in case of Vietnamese citizen);
7. Notarized copies/ or copies attached to the original ID and Resident Register of the ward (if any). 

Number of dossier: one set

Processing duration
Objects Vietnamese citizen who registers for guardianship with foreigner living in Viet Nam; both guardian and ward are living in Viet Nam.
Competent agency Department of Justice
Outcome - Original Decision on recognizing guardianship; - In case of rejection, the Ha Noi Department of Justice will provide their written answer detailing the reasons for rejection.
Fee VND 50,000
Form/Declaration

- Registration form for guardianship (Form TP/HT – 2012 – TKGH)
- Paper of guardianship appointment (the attached sample, or downloaded from www.sotuphaphanoi.gov.vn )

Other requirements

1. The person appointing guardianship and the guardian must be present when registering guardianship.
2. A person can be guardian for many wards, but a ward can have only one guardian, unless the guardian is father, mother, grandfather or grandmother of the ward.
3. Conditions for the guardian:   
- Having capacity for civil acts;
- Have good moral behavior; not being prosecuted for criminal liability or being convicted without remission of criminal records yet for following crimes: violating the life, health, honor, human dignity or property of another.

Legal basis

- Civil Law in 2005;
- Law on Marriage and Family in 2000;
- Government Decree 158/2005/ND-CP dated December 27, 2005 on civil status registration and management;
- Government Decree 06/2012/ND-CP dated February 2, 2012 on amending, supplementing some articles of Governmen’s Decrees on civil, marriage and family, notarization;
- Ministry of Justice (MoJ) Circular 01/2008/TT-BTP dated February 06, 2008 on guiding implementation for some articles in Governmen Decree 158/2005/ND-CP dated December 27, 2005 on civil status registration and management; 
- MoJ Circular 08a/2010/TT–BTP dated March 25, 2010 on issuing and guiding the recording, keeping and use of civil status books and forms; 
- MoJ Circular 05/2012/TT–BTP dated March 25, 2012 on amending, supplementing some articles of MoJ Circular 08a/2010/TT–BTP dated March 25, 2010 on issuing and guiding the recording, keeping and use of civil status books and forms; 
- Decision 12/2009/QD-UBND dated January 09, 2009 of the Ha Noi People’s Committee on Civil Status Fee in Ha Noi. 

Administrative procedures