Article 46
The purpose of guardianship to ensure the care, education and guarantee of the interests of an under-age child whose parents have died or are still living but unable to carry out their duties.
Article 47
Parents may choose a person as a guardian for their own under-age child. If they cannot do so, relatives may choose a foster parent.
The choice of foster parent shall be recognised by the People's Committee of the commune, city ward or town.
Where the choice of foster parent for an under-age child cannot be made by the parents or relatives, it shall be made by a responsible government authority or social organisations.
Article 48
A citizen who becomes a foster parent shall be least 21 years old, and have good behaviour and the practical preconditions for fulfilling his responsibilities.
Article 49
The citizen or organisation becoming a foster parent shall have the following rights and duties:
a- To care for and bring up the foster child;
b- To manage the property of the foster child;
c- To represent the foster child before the law and defend his interests.
Article 50
The guardian or foster parents shall be under the supervision of the People's Committee of the commune, city ward or town.
Relatives of foster child, the People's Prosecution Office, the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, the Vietnam Federation of Trade Unions, may ask the People's Committee of the commune, city ward or town to replace foster parents who do not fulfil responsibilities or do serious damage to the interests of the foster child.
Article 51
Guardianship shall end where the foster child is returned to his or her original parents, is adopted by another person, or reaches the age of 18.