Foreign Element Guardianship Registration

The foreign element guardianship registration is the legal procedure for establishing guardianship between a Vietnamese citizen and a foreigner who both reside in Vietnam. This guide provides a detailed analysis of the conditions, dossier components, and the official process for the foreign element guardianship registration.

Guardianship Definitions and Legal Cases

Concept of Guardianship

Guardianship is a legal framework where an individual or a legal entity, known as the guardian, is appointed to care for and protect the legal rights and interests of a person in need, known as the ward. This appointment is governed by the Civil Code 2015 and can be made by the commune-level People’s Committee or a court.

Persons Requiring Guardianship

Under Article 47 of the Civil Code 2015, a ward is a person who falls into one of the following categories:

• A minor who has no parents or whose parents cannot be identified.
• A minor whose parents:
  • Have lost their civil act capacity.
  • Have cognitive difficulties or behavioral control issues.
  • Have had their parental rights restricted by a court.
  • Are unable to provide care and have formally requested a guardian.
• A person who has lost their civil act capacity.
• A person with cognitive difficulties or behavioral control issues.

A ward can have only one guardian, except when parents jointly act as guardians for their child, or grandparents jointly act as guardians for their grandchild.

Conditions for Guardianship

Individual Guardian Conditions

As per Article 48 of the Civil Code 2015, an individual must meet these criteria to be a guardian:

• Full civil act capacity.
• Good moral standing and the necessary resources to perform guardianship duties.
• Not currently under criminal prosecution or having an unexpunged conviction for crimes against life, health, dignity, or property.
• Not subject to a court declaration restricting rights over a minor child.

Legal Entity Guardian Conditions

A legal entity must meet these criteria to act as a guardian:

• Civil legal capacity suitable for guardianship.
• The necessary resources to execute the rights and obligations of a guardian.

Competent Authority for Registration

The Justice Division of the commune-level People’s Committee holds the authority to resolve the foreign element guardianship registration. This is stipulated in Article 4 of Decree 120/2025/NĐ-CP, which outlines the jurisdiction of local governments in matters managed by the Ministry of Justice.

Dossier Requirements and Submission

An applicant must prepare a complete dossier for the foreign element guardianship registration and submit it to the competent authority through a legally accepted method.

Dossier Components

The application dossier includes the following documents:

• A completed guardianship registration form (for in-person or postal submissions).
• An interactive electronic civil status form for guardianship registration (for online submissions).
• The applicant must submit/present (in-person) or upload (online) the following:
  • A document appointing a guardian as per the Civil Code for appointed guardianships. For natural guardianships, provide documents proving the conditions for natural guardianship. If multiple individuals qualify as natural guardians, include a written agreement appointing one person.
  • A notarized power of attorney if authorizing another person to handle the registration. Notarization is waived if the authorized person is a grandparent, parent, child, spouse, or sibling.
  • Identification documents: Passport, ID card, Citizen ID card, or other official photo identification. This is not required if the information is already in the National Population Database (NPD) or the Electronic Civil Status Database (ECSD).
  • Proof of residence if the civil status authority cannot access this information.
• Documents issued by foreign authorities must undergo consular legalisation, unless exempt under an international treaty to which Vietnam is a party.

>>> See more at:

• Guardianship Registration Application Form

• Interactive Electronic Civil Status Form for Guardianship Registration

Submission Methods

An applicant for the foreign element guardianship registration can choose one of three methods as specified in Decree 123/2015/NĐ-CP (amended by Decree 07/2025/NĐ-CP):

• Direct submission at the civil status registration office.
• Submission via the postal system.
• Online submission through the National Public Service Portal or provincial public service portals.

>>> See more at: Guide: Foreign Child Registration in Vietnam

Procedure for Foreign Element Guardianship Registration

The foreign element guardianship registration process is governed by the Law on Civil Status 2014 and Decree 123/2015/NĐ-CP.

Step-by-Step Process

Step 1: Dossier Submission

• In-person: The applicant submits the dossier at the relevant Public Administration Service Center and pays any applicable fees.
• Online: The applicant accesses the National Public Service Portal, authenticates their identity, selects the competent commune-level People’s Committee, fills out the electronic form, attaches required documents, and pays fees online.

Step 2: Dossier Reception An officer at the Public Administration Service Center checks the dossier for completeness and validity.

• If the dossier is valid, the officer issues an appointment slip.
• If the dossier is incomplete, the applicant is notified to provide the missing documents.

Step 3: Dossier Verification The civil status officer verifies the dossier.

• For in-person submissions, if all information is correct, the officer records the details in the Guardianship Registration Book and the electronic database.
• For online submissions, a draft electronic extract is sent to the applicant for review. If confirmed or if there is no response within one day, the officer finalizes the registration.

Step 4: Result Issuance The civil status officer prints the Guardianship Registration Extract, has it signed by the People’s Committee leadership, and returns the result to the applicant.

Processing Time

• Appointed Guardianship: 05 working days.
• Natural Guardianship: 03 working days.

Fees and Charges

• The specific registration fee is determined by the provincial-level People’s Council. Exemptions apply for families of revolutionary contributors, poor households, and persons with disabilities.
• The fee for issuing a copy of the guardianship extract is 8,000 VND per copy, as per Circular 281/2016/TT-BTC.

>>> See more at: Instructions for applying for marriage registration with foreigners

Consulting Services by Long Phan Consulting Company

Long Phan Consulting Company provides expert legal services for the foreign element guardianship registration. Our services include:

• Detailed consultation on guardianship conditions.
• Guidance on dossier preparation and the registration process.
• Verification of the legal validity of all submitted documents.
• Drafting and preparation of the complete application dossier.

With a dedicated team of professionals, Long Phan Consulting Company ensures your foreign element guardianship registration is completed efficiently and in compliance with all legal requirements.

Frequently Asked Questions

Who are the natural guardians of a minor?

The order of natural guardianship for a minor is:

1. The eldest full sibling.
2. If no sibling is eligible, the paternal or maternal grandparents.
3. If no grandparents are eligible, the full paternal or maternal uncles or aunts. Legal Basis: Article 52, Civil Code 2015.

Who are the natural guardians of a person who has lost civil act capacity?

The order of natural guardianship is:

1. The spouse.
2. If no eligible spouse, the eldest adult child.
3. If no eligible children, the parents. Legal Basis: Article 53, Civil Code 2015.

How is a guardian appointed?

If there is no natural guardian, the commune-level People’s Committee where the ward resides will appoint one. In case of a dispute, a court will make the appointment. The appointment must be in writing and requires the consent of the person being appointed. Legal Basis: Article 54, Civil Code 2015.

Is online submission for the procedure available?

Yes. An applicant can complete the foreign element guardianship registration online through official public service portals.

Can a guardianship be terminated?

Yes. A guardian has the right to terminate or change the guardianship. The procedure is regulated by the Law on Civil Status 2014.

Connection

The procedure for registering guardianship involving foreign elements plays an important role in ensuring the rights and interests of both the guardian and the ward. Understanding the regulations on jurisdiction, required documents, and implementation process not only helps the guardian save time and costs but also minimizes legal risks during the procedure. For detailed consultation and professional support to carry out the procedure promptly and in compliance with the law, please contact us via our hotline: 1900636389 for dedicated and professional service.