Order of procedure
- The applicant submits the application to
terminate guardianship to the People's Committee of the relevant competent
district.
- The civil status officer (referred to the receiver) immediately checks
all the application dossier by verifying the information in the declaration
forms and reviewing the validity of the papers or documents in the application
dossier.
- If
the application dossier is completed and eligible, the receiver shall write a
receipt form which should clearly state the date and time for returning the
result; if the application dossier is not completed, the receiver shall have to
guide the applicant to supplement the documents to complete the dossier as
regulated; in case it is impossible to supplement and complete the dossier
right away, the applicant should be provided with the guidelines in a written
form that clearly states the type of papers, documents or the contents needed
to be supplemented with full name and signature of the receiver.
- If the application dossier to
terminate guardianship has not been supplemented or completed after being
guided as regulated, the public official shall refuse such dossier. The refusal
of the application dossier for death certificate shall be written in text,
clearly stating the reasons for the refusal with full name of the receiver.
- Within 02 (two) working days
since the date of receiving a completed application dossier, if such
application dossier fully meets the conditions prescribed by law, the Judicial
Division shall report to the Chairman of the district-level People's Committees.
If the Chairman agrees to process the application, he/she shall sign to issue
the Certificate for the Termination of the guardianship to the applicant; the
civil status officer shall record such information in the Guardianship
Application Book with the signatories of both civil status officer and the
applicant.
* Notes:
+ In case the applicant submits a paper which is a
copy issued from the original book or certified copy of the original, the civil
status officer shall not require the applicant to show the originals; if the
applicant submits only the copies with the present of the originals, the civil
status officer shall compare the copies to the originals and then sign the
copies to confirm the comparison of the contents of both types of documents
without asking the applicant for the certified copies of such documents.
+ If it is required to present the papers by law when applying
for civil status, the civil status officer shall have to check the papers,
compare them with the information in the declaration forms and return them to
the applicant without asking the applicant for submitting a copy of such
documents. The civil status officer may take one copy of the presented
documents or write down the information of the submitted paper for filing.
+ Papers issued, notarized or certified by foreign
competent agencies for the use in civil status registration in Viet Nam must
have apostille certification, except for cases from countries which have signed
the international Apostille Convention with Viet Nam as a member; the documents
in a foreign language must be provided with a notarized or certified Vietnamese
translation as prescribed by law.
+ The civil
status officer should fully accept the eligible and completed application
dossier according to the provisions of the law without requiring the applicant
to submit any other types of documents that are not included in the regulations
on the required documents.
How to apply:
- The applicant may submit the
Application to terminate guardianship in person or authorize other person to apply
for it;
- The applicant may submit the
application to terminate guardianship in person to the People’s Committee of
the relevant competent district or send it by post.
Dossier components:
* Documents
to be presented
- Passport or identity card or
other type of valid papers affixed with photos and personal information issued
by the competent agencies to prove the identification of the applicant for the
termination of guardianship.
In case the application dossier is sent by post,
it must be enclosed with the certified copies of the above must-present-papers.
* Documents to be submitted
- Application to Terminate Guardianship
- Documents used as the grounds
for termination of guardianship in accordance with the provisions of the Civil
Code.
- Authorization letter in
accordance with the provisions of law in the case of authorization of the
application to terminate guardianship. In case the authorized person is the
grandfather, grandmother, father, mother, child, spouse or sibling of the
authorizing person, the authorization letter must not be notarized or
authenticated, but it is required to provide with the documents certifying the
relationship with the authorizing person.
Number of dossiers: 01 set (of dossier)
Processing time: 02 (two) working days.
Applicant of the administrative procedures: Individual
Competent
governmental agencies:
The
district-level People's Committee where the guardianship application was made
shall process the application to terminate guardianship.
Agencies implementing the administrative procedures:
The district-level Justice Division
shall receive the application dossier and process to ask the Chairman of the
district-level People's Committees for the consideration and decision.
Coordinating agencies: None
Results of the applied administrative procedure: Certificate for the Termination of
Guardianship.
Fees: VND75,000
Exemption
of fees of the application for civil status registration for the members of
families with meritorious services to the revolution; members of the poor
households; people with disabilities.
Samples of Declaration forms: Application to TerminateGuardianship
Legal bases:
- Civil Code.
- Civil Status Law in 2014;
- Decree
No.123/2015/NĐ-CP dated 15 November 2015 by
the Government regulating a number of
articles and measures for the implementation of the Civil Status Law;
-
Circular No.15/2015/TT-BTP dated 16 November 2015 by the Ministry of Justice
guiding the implementation of a number of articles in the Civil Status Law and
the Decree
No.123/2015/NĐ-CP dated 15 November 2015 by
the Government regulating a number of
articles and measures for the implementation of the Civil Status Law;
- Decision
No.123/2016/QĐ-UBND dated 20 December 2016 by Lao cai provincial People’s
Committee regulating the rates (fees) of
civil status registration and its
management and use in Lao Cai province.