Chương IX Luật Hôn nhân và Gia đình 2000: Giám hộ giữa các thành viên trong gia đình

Chapter IX

GUARDIANSHIP BETWEEN FAMILY MEMBERS

Article 79.- Application of the guardianship legislation to family relations

Where a family member needs guardianship, the guardianship shall be effected in compliance with the guardianship provisions of the Civil Code and this Law.

Article 80.- Guardianship of children by parents

Where both parents act as guardians of their adult children who have lost their civil act capacity, they have to together exercise the guardian’ s rights and perform the guardian’s obligations. The fathers and mothers shall agree upon acting as representatives at law for their children in civil transactions in the interests of their children.

Article 81.- Appointment of guardians by parents for their children

Where the parents are still alive but have no conditions to personally look after, rear, care for and educate their minor children and/or adult children who have lost their civil act capacity, they may appoint guardians for their children; the parents and the guardians shall agree upon the performance of part or whole of the guardianship by the guardians.

Article 82.- Guardianship by stepchildren for their stepfathers or stepmothers

Where stepfathers or stepmothers have no guardians as prescribed in Article 72 of the Civil Code, stepchildren who are living with the stepfathers or stepmothers shall act as guardians if they are eligible for acting as guardians.

Article 83.- Guardianship among brothers and sisters

1. Where a blood brother or sister needs to have a guardian, his/her brothers or sisters who have attained their adulthood and have civil act capacity shall agree upon the appointment of one of them, who is eligible, for acting as the guardian.

2. When deciding personal matters or property of a minor younger brother or sister, the elder brother or sister acting as the guardian of his/her younger brother or sister must consult his/her next of kin and the younger brother or sister, if he/she is aged full nine years or older.

Article 84.- Guardianship between paternal grandparents, maternal grandparents and grandchildren

1. Where a grandchild needs to have a guardian and his/her paternal grandparents and maternal grandparents are eligible for acting as guardians, they shall agree upon the appointment of one of them to acts as the guardian.

2. A grandchild who is eligible for acting as guardian must act as a guardian for his/her paternal grandparents and/or maternal grandparents if the grandparents have no children to rely on.