Article 62.- The natural guardian of a person who has lost his/her civil act capacity

1. In cases where the wife has lost her civil act capacity, her husband shall be her guardian; if the husband has lost his civil act capacity, his wife shall be his guardian.

2. In cases where the father and mother have both lost their civil act capacity or where either of them has lost the civil act capacity while the other does not fully meet the requirements to be a guardian, the eldest child shall be the guardian; if the eldest child does not fully meet the requirements to be a guardian, the next eldest child shall be the guardian.

3. In cases where an adult who has lost his/her civil act capacity has no wife or husband, no children or his wife or her husband or children do not fully meet the requirements to be a guardian, his/her father and/or mother shall be the guardian.

Article 63.- Appointment of a guardian

In cases where a minor or a person who has lost his/her civil act capacity does not have a natural guardian as provided for in Article 61 and Article 62 of this Code, the People's Committee of the commune, ward or district township where the ward resides shall have the responsibility to appoint a guardian or propose an organization to assume the guardianship.

Article 64.- Procedures for appointing a guardian

1. The appointment of a guardian must be made in writing, clearly stating the reason for appointing the guardian, the specific rights and obligations of the guardian and the status of the ward's property.

2. The appointment of a guardian must be consented by the person who is appointed to be a guardian.

Article 65.- Obligations of guardians towards wards aged under full fifteen years

The guardian of a person aged under full fifteen years shall have the following obligations:

1. To take care of and educate the ward;

2. To represent the ward in civil transactions, except where it is provided for by law that wards aged under full fifteen years can establish and perform civil transactions by themselves;

3. To manage the property of the ward;

4. To protect legitimate rights and interests of the ward.

Article 66.- Obligations of guardians towards wards aged between full fifteen years and under full eighteen years

The guardian of a person aged between full fifteen years and under full eighteen years shall have the following obligations:

1. To represent the ward in civil transactions, except where it is provided for by law that wards who are aged between full fifteen years and under full eighteen years can establish and perform civil transactions by themselves;

2. To manage the property of the ward;

3. To protect legitimate rights and interests of the ward.

Article 67.- Obligations of guardians towards wards who have lost their civil act capacity

The guardian of a person who has lost his/her civil act capacity shall have the following obligations:

1. To take care of and ensure the medical treatment for the ward;

2. To represent the ward in civil transactions;

3. To manage the property of the ward;

4. To protect legitimate rights and interests of the ward.

Article 68.- Rights of guardians

A guardian shall have the following rights:

1. To use the property of the ward in order to take care of and pay for the needs of the ward;

2. To be paid for all expenses necessary for the management of the ward's property;

3. To represent the ward in the establishment and performance of civil transactions in order to protect legitimate rights and interests of the ward.

Article 69.- Management of property of wards

1. Guardians must manage the property of their wards as if it were their own property.

2. Guardians may perform transactions related to the property of their wards in the interests of the wards. The sale, exchange, lease, lending, pledge, mortgage, deposit and other transactions involving the property of wards, which has a large value, must be consented by the guardianship supervisors.

Guardians must not donate the property of their wards to other persons.

3. Civil transactions between guardians and their wards in connection with the latter's property shall be invalid, except for cases where such transactions are performed in the interests of the wards and agreed upon by the guardianship supervisors.

Article 70.- Replacement of guardians

1. A guardian may be replaced in the following cases:

a/ The guardian no longer meets all of the requirements specified in Article 60 of this Code;

b/ The guardian being an individual dies or has been declared missing by the Court or being an organization which has terminated its operation;

c/ The guardian seriously violates a guardian's obligations;

d/ The guardian proposes his/her replacement and another person agrees to assume the guardianship.

2. In case of changing a natural guardian, the persons defined in Article 61 and Article 62 of this Code shall assume the role of a natural guardian; if there is no natural guardian, the appointment of a guardian shall comply with the provisions of Article 63 of this Code.

3. The procedures for changing an appointed guardian shall comply with the provisions of Article 64 and Article 71 of this Code.

Article 71.- Transfer of the guardianship by the appointed guardian

1. Upon the change of an appointed guardian, the person who has performed the guardianship shall have to transfer the guardianship to his/her replacement within fifteen days as from the date a new guardian is found.

2. The transfer of guardianship must be made in writing, clearly stating the reason for the transfer and the status of the ward's property at the time of transfer. The person who appointed the guardian and the person who supervises the guardianship shall witness the transfer of guardianship.

3. In case of change of a guardian for the reason that the guardian being an individual has died, or been declared by the court as having his/her civil act capacity restricted, losing his/her civil act capacity or as missing; or that the guardian being an organization has terminated its operation, the person who appointed the guardian shall make a record thereon, clearly stating the status of the ward's property and the rights and obligations which have arisen in the course of performing the guardianship for transfer to the new guardian to the witness of the guardianship supervisor.

4. The transfer of guardianship must be recognized by the People's Committee of the commune, ward or district township where the new guardian resides.

Article 72.- Termination of guardianship

A guardianship shall be terminated in the following cases:

1. The ward has obtained full civil act capacity;

2. The ward has died;

3. The ward's father and/or mother have/has fully met the conditions to perform their rights and obligations;

4. The ward has been adopted.

Article 73.- Consequences of the termination of guardianship

1. When a guardianship is terminated, the guardian must settle up the property with the ward or with the mother and/or father of the ward within three months from the time the guardianship terminates.

In cases where the ward dies, the guardian must settle up the property with the ward's heirs within three months as from the time the guardianship terminates; if the ward's heirs are unidentifiable upon the expiry of such time limit, the guardian shall continue to manage the property of the ward until the property has been settled in accordance with the provisions of law on inheritance and shall notify such to the People's Committee of the commune, ward or district township where the ward resides.

The settlement of property shall be carried out under the supervision of the guardianship supervisors.

2. The rights and obligations arising from civil transactions in the interest of a ward shall be performed by the guardian as follows:

a/ To transfer them to the ward when the ward has obtained full civil act capacity;

b/ To transfer them to the ward's father and/or mother in cases specified in Clause 3 and Clause 4, Article 72 of this Code;

c/ To transfer them to the ward's heir(s) when the ward dies.

Section 5. NOTICE OF SEARCH FOR PERSONS WHO ARE ABSENT FROM THEIR PLACES OF RESIDENCE, DECLARATION OF MISSING PERSONS AND DECLARATION OF DEATH

Article 74.- Request for notice of search for persons who are absent from their places of residence and the management of their property

When a person has disappeared for six consecutive months or more, the person with related rights or interests shall have the right to request the Court to issue a notice of search for the person absent from his/her place of residence under the provisions of civil procedure law and may request the Court to apply measures for management of the property of the absent person in accordance with the provisions of Article 75 of this Code.

Article 75.- Management of the property of a person who is absent from his/her place of residence

1. At the request of the person with related rights or interests, the Court shall hand over the property of a person absent from his/her place of residence to one of the following persons for management:

a/ The person who has been authorized by the absent person to manage the latter's property shall continue to manage such property;

b/ For a common property, the remaining co-owner(s) shall manage such property;

c/ The property being currently managed by the wife or the husband shall continue to be managed by the wife or the husband; if the wife or the husband dies or loses her/his civil act capacity or has her/his civil act capacity restricted, a child who has attained adulthood or the father and/or mother of the absent person shall manage the latter's property.

2. In cases where there are none of the persons defined in Clause 1 of this Article, the Court shall appoint a person among the next of kin of the absent person to manage his/her property; if the absent person does not have any next of kin, the Court shall appoint another person to manage the property.