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Vietnam - DECRETO No:19/2011/ND-CP del 21 marzo 2011

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
Hanoi March 21st 2011

THE GOVERNMENT
No:19/2011/ND-CP
DECREE

DETAILED REGULATIONS AND GUIDELINES FOR IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON ADOPTION




THE GOVERNMENT

Pursuant to the Law on Government Organization of December 25, 2001;
Pursuant to Law on Adoption of June 17, 2010;
At the request of the Minister of Justice,


DECREE
CHAPTER 1
GENERAL PROVISIONS


Article 1. Scope of the application

1. This Decree provides detailed regulations and guidelines on the reception, management and usage of humanitarian aids for the nurturance, care and education of children in special circumstances as provided by Article 7, authority for the collection, rate, reduction and exemption, management and usage of adoption registration fee and fees for processing inter-country adoption as provided by Article 12, procedures of processing adoption between a Vietnamese citizen with a foreign person residing in border areas as in Article 42; rate, management mechanism and use of fee and procedures of approval, renewal, modification, and revocation of operation permit of foreign adoption agencies in Vietnam as in Article 43; procedures for domestic adoption registration which occurred before the date of January 1st 2011 and unregistered according to Article 50 of Law on Adoption.
2. This Decree provides guidance on the implementation of some articles on the authority, sequence and procedures for domestic and inter-country adoption and adoption at Agency representing Vietnam in an foreign country (hereinafter referred to as Representative agency) according to Article 9, 15, 17, 18, 20, 21, 22, 28, 30, 31, 32, 33, 34 and 36 of Law on Adoption; re-registration for adoption and recognition of adoption which was registered at a competent authority in a foreign country.


Article 2: Competence for adoption registration

The competence for registration of adoption is provided in Article 9 of Law on Adoption and the following guidelines:

1. In terms of domestic adoption, People’s Committee at commune, township (hereinafter referred to as commune People’s Committee) where the person subject to adoption resides shall conduct the adoption registration.

The commune People’s committee where the adopter resides shall register the adoption in case of step-parents or biological uncle/aunts who wish to adopt the child or existence of agreements between adopter and biological parents or guardians of the adopted child.

In cases of adoption of abandoned children who have not been placed in child care facilities, the commune People’s committee which had prepared the minute confirming the abandoned state of the child shall conduct the registration; where the child in a child care placement is subject to adoption, the registration shall be conducted by the commune People’s committee where the child care facility located.

2. Regarding inter-country adoption, provincial/municipal People’s committee (hereinafter referred to as provincial People’s committee) where the adopted resides shall make the decision of permitting the child to be adopted; where the child lives in a child care facility, the provincial People’s committee where it located shall grant this decision.

Provincial Department of Justice shall conduct the registration of inter-country adoption upon receiving this decision from provincial People’s committee.

3. In terms of adoption where the adopter and adoptee are Vietnamese citizens who temporarily reside in a foreign country, the Representative agency of the adopter or the adoptee shall conduct the registration; in case where Representative agency is not available in that country, the adopter shall submit adoption application to whichever Representative agency that is most convenient.


Article 3. Child-specific adoption of children with disabilities and children with life threatening illnesses

1. Children with disability and children with life-threatening illnesses who are specifically requested for adoption according to Article 28, item 2, point d of Law on Adoption including of a child with cleft lip cleft palate; a child who is vision impaired with one or both eyes, mute, hearing impaired; a child with club feet and/or hands; a child with missing hand(s), foot(feet), toes, or fingers; a child with mental illness(es), a child having HIV/AIDS; a child with heart disease(s); a child with umbilical , groin, or abdominal hernia; a child without an anus or sexual organ; a child with blood disease(s) ; a child with a disease requiring lifelong treatment or a child with other disability or disease which restricting their opportunities of adoption.

2. Children who are described in Item 1 of this Article, if subject to inter-country adoption shall be exempted from the announcement of finding alternative family as provided in Article 15, item 2, point c and d and recommendation for adoption as provided in Article 36, item 1 of Law on Adoption.

3. In case where there is no ground to determine if the child belongs to the group described in Item 1 of this Article, the Administration for Adoption of Ministry of Justice (hereinafter referred to as Administration for Adoption) shall seek opinions from competent agencies according to Law on People with disabilities where the child is disable or from medical experts where the child has life-threatening illnesses.


Article 4. Reception, management, and use of humanitarian assistance for the nurturance, care and education of children with special circumstances

The humanitarian aids given for the nurturance, care and education of children in special circumstances shall follow the regulations provided at Article 7 of Law on Adoption and the following specific regulations:

1. National and foreign individuals and organizations may provide humanitarian aids for the cause of care, support, and education of children with special circumstances in Vietnam through child care, nurturance and protection programmes and projects at community and child care facilities.

When providing humanitarian aids, individuals and/or organizations shall not request the child care facilities receiving such aids to offer them children for adoption; child care facilities shall not promise or pledge to offer aids givers children for adoption because of the assistance they receive.

2. Ministry of Labor, Invalids and Social Affairs shall provide instruction, guidance, and supervision over the reception, management, and use of the humanitarian aids given to the cause of care, support, and education of children with special circumstances.

3. Inter-country adoption agency licensed to operate in Vietnam shall report to the Ministry of Justice thereof if they are involved in providing humanitarian aids to child care facilities.


Article 5. Time of validity of documents involved in adoption application

1. The time of validity of the adopter’s judicial record, health certificate and documents certifying family circumstances, accommodation and financial status involved in domestic adoption as regulated in Article 17 of Law on Adoption and documents provided at Article 21, item 1, point b and đ of this Decree shall be six months to the date of application filing at the Communal People's Committees..

2. The time of validity of the adopter’s family inquiry report, health certificate, income proof, psychological assessment and judicial report involved in inter-country adoption shall be 12 months to the date of application filing at the Administration for Adoption as provided in Article 31 of Law on Adoption.

3. Judicial report of the person representing and the person who are anticipated to represent a foreign adoption agency operating in Vietnam shall be six months to the date of filing application at Administration for Adoption.


CHAPTER II
DETAILED REGULATIONS ON PROCEDURES FOR HANDLING ADOPTION


Section 1. DOMESTIC ADOPTION

Article 6. Preparing application and list of children in need of alternative family

1. For children who are in a child care facility, need alternative family, and do not belong to categories of children with disabilities or life-threatening illnesses, the child care facility shall make a list of them (hereinafter referred to as List 1), submit to the provincial Department of Labor, Invalids and Social Affairs ( provincial DOLISA) for approval, and send to Provincial Department of Justice( Provincial DOJ) to announce the seeking of alternative family for those children in provincial area as provided in Article 15, item 2, point c of Law on Adoption

2. In cases where there are children with disabilities, children with life-threatening illnesses and children aged five years or older, or where there are two or more children who are siblings who need alternative families, the child care facility shall make a list (hereinafter referred to as List 2) submit to Provincial Department of Labor, Invalids and Social Affairs for approval before sending to Provincial Department of Justice..

If deemed as eligible for adoption, Provincial Department of Justice shall make a confirmation on the child’s eligibility according to regulations at Article 16, item 1 and 2 of this Decree and sending the application along with List 2 to Administration for Adoption to inform the adopter of child-specific adoption.

3. Where the child in child care facility is subject to be adopted by a Vietnamese national who also resides in the country, the facility shall provide the adopter with 01 profile of the child and delete the child’s name in the List provided at item 1 or item 2 of this Article.


Article 7. Application of the adopter

Application of adopter of domestic adoption shall be made into 01 set including of documents as provided in Article 17 of Law on Adoption. Where the adopter and the adopted do not belong to the categories described in Article 14, item 3 of Law on Adoption as well as do not reside in the same commune, the attestation on family circumstance, accommodation and financial status of the adopter shall be conducted by:

1. The commune People’s committee where the adopter resides if the application for adoption registration is submitted at commune People’s committee where the adopted resides.

2. Registrar of commune People’s committee where the adopter resides if the person files application for adoption registration at their commune People’s committee.


Article 8. Responsibility of collecting opinions of relevant people on adoption

1. The task of collecting opinions of relevant people on adoption shall be carried out in accordance with regulations provided in Article 20 of Law on Adoption and by registrar of the commune People’s committee where the adopted child resides.

2. In case where the adopter files application at commune People’s committee of their residence but not the adopted, this task of collecting opinions of relevant people on adoption shall follow this procedure:

a) When opinions are to be collected by registrar, the commune People’s committee which received application shall send a letter request to People’s committee where the adopted resides to send their registrar to cooperate to seek opinions of relevant people.
b) When it is impossible to send the registrar, the commune People’s committee where application is submitted shall have a letter requesting commune People’s committee of adopted’s residence to seek opinions of relevant people.
c) Within 10 days from the date of receiving request, commune People’s committee where the adopted resides shall send their registrar to directly seek opinions and submit the results to the requesting People’s committee.

3. The collection of opinions of relevant people shall be in written form and follow the regulations provided at Article 9, item 2 of this Decree.


Article 9. Requirements on application review and collecting opinions from relevant people

1. During the process of reviewing application, registrar shall consider, explore on thoughts, expectations and circumstances of relevant people. Where the adopted child does have biological parents, the registrar shall check whether there exists such an agreement between biological parents and adoptive parents for the biological parents to retain their legitimate rights and responsibilities towards the child and how to perform those rights and responsibilities post-adoption.

2. In the process of collecting opinions of relevant people as provided at Article 20 and 21 of Law on Adoption, the registrar shall consult them to allow the adopted child to be cared, nurtured and educated in accordance with the family circumstances and actual capacity.

In case where adoption is the last resort for the best interests of the child, the registrar shall consult thoroughly for all relevant people on the purpose of adoption, emerged rights and responsibilities between adoptive parents and the adopted child upon the registration and the deprivation of rights and responsibilities of biological parents towards the adopted child as provided in Article 24 item 4 of Law on Adoption where there are no other agreements between biological and adoptive parents.

3. In case where relevant people are not fully aware and understand the consultation of the registrar or previously was under influence of psychological and health issues leading to the consent of offering the child to adoption and change their minds, the relevant people are to report in written form to commune People’s committee where the adoption application is being processed within 15 days since the date of opinions collection; relevant people are not change their opinions on adoption if it has been more than 15 days since opinions were collected.


Article 10. Procedures on adoption registration

1. The adoption registration shall be conducted in office of commune People’s committee with presence of adoptive parents, biological parents, guardians or representatives of childcare facility and the adopted child. The registrar shall record in Adoption registration Record and grant the Certificate of adoption to relevant parties.

2. Where the child offered for adoption belongs to the group of abandoned children and the information in biological parents in Birth certificate and Birth registration record are unfilled, the registrar, on the basis of Adoption certificate shall fill the names of adoptive parents into Birth certificate and Birth registration record and in the later document, there shall be clear note clarifying that the names filled in are not biological but adoptive parents.

3. Where there are agreements between biological and adoptive parents as well as consent from the adopted child aged 9 years or older about the change in information about parents in Birth certificate and Birth registration record, commune People’s committee where birth registration was made shall re-register for the adopted child and revoke the former birth certificate; there shall be clear note clarifying that the names filled in the latest birth certificate are not biological but adoptive parents.

Section 2. INTER-COUNTRY ADOPTION



Article 11. Childcare facilities eligible for offering children for inter-country adoption

1. Child care facilities eligible for offering a child for inter-country adoption shall be those founded and legally operated in Vietnam; capable of appropriate care, nurturance and education of children in accordance with the law; having qualified staff force in terms of ethics, professional knowledge and skills in care, nurturance and education of children as well as deep knowledge about inter-country adoption and designated by the People’s Committee of a province or province-level city.

2. Provincial Department of Labor, Invalids and Social Affairs shall cooperate with Provincial Department of Justice, other departments, agencies, and sectors at local levels to conduct appraisal, assessment, and advice Provincial People’s Committee in designating qualified care establishments as eligible for offering children for inter-country adoption under regulations provided at item 1 of this Article.

3. Provincial Department of Justice shall inform the Administration for Adoption ( of the Ministry of Justice-MOJ) on the list of childcare facilities eligible for offering children to inter-country adoption designated by provincial People’s committee for monitoring and cooperative management.


Article 12. List of countries exempted from consular legalization

Consular Bureau under administration of Ministry of Foreign Affairs shall keep, update, and keep Administration for Adoption(MOJ) informed of a list of all countries enjoying exemption from consular legalization of related papers and documents under international pacts that Vietnam participates, or on mutual exemption agreements as provided by Article 30 of Law on Adoption.


Article 13. Application of the adopter

Application for adoption of Vietnamese citizens who settled in a foreign country and foreigner who resides in a foreign country shall have the relevant documents as provided in Article 31, item 1 of Law on Adoption.

Upon filing application at Administration for Adoption(MOJ), the child-specific adopter as provided in Article 28 item 2 of Law on Adoption shall submit 01 profile of the adopted child and in some case it is required of the following relevant documents:

1. Marriage certificate of a step-parent with the biological parent of the child.

2. Documents to certify the relationship of the adopter with the child as biological maternal and paternal uncle and aunt.

3. Copy of decision of adoption approval granted by a competent Vietnamese authority to the adopter and other documents to prove that the adopted child and the adopted child are biological siblings.

4. Documents to prove that the adopted child belongs to one of the categories provided in Article 3, item 1 of this Decree.

5. Attestation document from commune People’s committee or Police of his/her residence and other documents to prove that the adopter is of a foreign nationality who is continuously working, studying in Vietnam for more than 01 year to the date of filing application at Administration for Adoption(MOJ).


Article 14. Application of the child to be adopted

The application of child offered for adoption shall consist of necessary documents provided at Article 32 of Law on Adoption as well as the following:

1. The remark on personalities, characteristics, hobbies and habits of children should be honest on information such as health conditions and diseases (if any) of the child, hobbies and habits of the child to ensure appropriate care, nurturance and education provided by the adoptive parents upon adoption.

Where the adoptive parent is step-parent, this remark is not required.

2. For children belong to List 1, there shall be the following documents:

a) Document from Department of Justice in accompanied with other documents on the announcement made to seek domestic alternative family for the child as regulated in Article 15, item 2, point c of Law on Adoption;
b) Attestation document from Administration for Adoption on the expired date of announcement of seeking domestic alternative family and with no result as regulated in Article 15, item 2, point d of Law on Adoption.


Article 15. Application examination and seeking opinions of relevant people on inter-country adoption

1. Provincial Department of Justice shall check the application and send staff to collect opinions of relevant people on inter-country adoption as provided in Article 33, item 1 of Law on Adoption.

2. The process of examining application and collecting opinions shall follow regulations provided at Article 9, item 1 and 2 of this Decree.

In case where relevant people are not fully aware and understand the consultation of the registrar or previously was under influence of psychological and health issues leading to the consent of offering the child to adoption and change their minds, the relevant people are to report in written form to Provincial Department of Justice where the adoption application is being processed within 30 days since the date of opinions collection; relevant people are not change their opinions on adoption if it has been more than 30 days since opinions were collected.


Article 16. Confirming of the child’s eligibility for inter-country adoption

1. Prior to confirming a child as fit for inter-country adoption as provided at Article 33 item 2 of Law on Adoption, provincial Department of Justice shall review and assess the child’s profile, compare and check it against effective regulations on the eligibility and age suitable for adoption; whether they fit in the group eligible for child-specific adoption, or the group which can only be adopted through recommendation.

In cases of abandoned children, the adoption application package shall also contain a written document of the Provincial Police’s verification and confirmation of the fact that the child is indeed abandoned and his/her birth parent(s) cannot be identified.

2. In order to confirm a child is eligible for inter-country adoption, the criteria of age, whether the child is fit for child-specific adoption or referral adoption must be satisfied; the application package must contain sufficient and legitimate document.

3. In cases of children belonging to List 1 and are fit for adoption, Provincial Department of Justice shall provide a written certification to each of the children.


Article 17. Procedures for submission and reception of inter-country adoption application

The procedures of application submission and reception of inter-country adoption application made by Vietnamese citizens who immigrated to a foreign country shall follow regulations provided in Article 31 item 3 of Law on Adoption as well as the following:

1. In case of child-specific adoption, the applicant shall directly submit his/her application at Administration for Adoption( MOJ). Where it is impossible to follow such procedures and with legitimate reasons, the adopter shall authorize in written form for a kin person residing in Vietnam to submit the application at Administration for Adoption (MOJ) or sending application through post registered mail to the Administration.

2. In case of non child-specific adoption, the applicant who resides in a country with membership of international inter-country adoption treaties with Vietnam shall submit his/her application at Administration for Adoption(MOJ) via the licensed inter-country adoption agency of that country in Vietnam; otherwise, the application shall be submitted to Administration for Adoption(MOJ) through Diplomatic representative agency or Consular office of that country in Vietnam.

3. Administration for Adoption(MOJ) shall review and receive inter-country adoption applications in consideration of the number of Vietnamese children eligible for inter-country adoption.


Article 18. Assessment and appraisal of inter-country adoption application

The assessment of application of applicant who immigrated to in a foreign country or foreign person who resides in Vietnam applying to adopt a Vietnamese child shall follow regulations provided at Article 34 item 1 of Law on Adoption and the following specific regulations:

1. After receiving the adoption applications from the applicants, Administration for Adoption (MOJ) shall verify, assess to confirm that:

a) The applicant is confirmed by competent agency as satisfying conditions for adoption set by the law of the country where he/she resides.
b) The applicant satisfies conditions for adoption set by the law of Vietnam.

2. Whenever deemed necessary, Administration for Adoption(MOJ) may consult specialists in related fields in order to assess the applicant’s psychological, family, and social background in order to determine if such applicant is in a good position to provide care, support, and education to the adopted child.

3. The inter-country adoption shall be accepted if fulfilling all regulations stated in item 1 and 2 of this Article; otherwise, the application shall be returned by Administration for Adoption(MOJ) in written form and with clear reasons stated.


Article 19. Sending adoption applications to Provincial Department of Justice for recommendation of eligible child

Administration for Adoption shall refer inter-country adoption application to Provincial Department of Justice in line with regulations provided at Article 34 item 3 of Law on Adoption. This referral shall be based on the number of verified, assessed, and approved adoption applications as well as the number of children eligible for inter-country adoption.


Article 20. Recommending children for inter-country adoption

The recommendation of children for inter-country adoption shall follow the regulations provided at Article 35 and 36 of Law on Adoption as well as the following specific regulations:

1. Based on local context, provincial Department of Justice shall propose to the Provincial People’s Committee to set up a mechanism for interagency collaboration in recommending children for adoption in order to secure the integrity and objectivity of the process, as well as the best interests of the child.

2. After recommending a child for adoption, the provincial Department of Justice shall report to the Provincial People's Committee for approval. If the Provincial People's Committee approves the recommendation, provincial Department of Justice shall send 01 child’s profile to Ministry of Justice, accompanied by the written approval of the Provincial People's Committee. In case of disapproval of the provincial Department of Justice’s proposal, the Provincial People's Committee shall inform the provincial Department of Justice of the grounds for such decision in writing so as for the provincial Department of Justice to make another recommendation. After 03 months since disapproval, if failing to make a recommendation, provincial Department of Justice shall return the application packages to Ministry of Justice with a written document stating the reasons.

3. During the process of recommendation assessment, Administration for Adoption (MOJ) might consult specialists in the fields of psychology, family, or social studies in order to assess recommendations. Where it is established that a recommendation has been made in accordance with the appropriate procedures and regulations, the recommended child is qualified for adoption, and such recommendation is conducive to the best interests of the child involved, Administration for Adoption shall notify the applicant in writing. If it is deemed that the recommended child is ineligible and the recommendation has not followed the proper sequence, procedures, regulations and the best interests of the child, Administration for Adoption shall report to Minister of Ministry of Justice to inform the provincial People’s Committee and provincial Department of Justice.

Section 3. INTER-COUNTRY ADOPTION IN BORDER AREAS


Article 21. Procedures on processing inter-country adoption in border areas


1. A citizen of a neighboring country residing in the border areas with Vietnam wishing to adopt a Vietnamese child residing in the border areas shall file an application form as prescribed by law, accompanied by valid documents issued by the neighboring country’s competent authorities, including:

a) a copy of the applicant’s passport or other valid alternative documents;
b) judicial record;
c) a certification of the competent authorities of the neighboring country certifying that the applicant is eligible for adoption;
d) marriage certification document;
đ) health certificate;
e) two recent full-length photos of 9cm by 12cm or 10cm by 15cm.

2. The documents described at Item 1 of this Article shall be translated into Vietnamese and made into 02 copies. The applicant shall submit 02 applications including of 02 copies of the child’s profile to the Communal People’s Committee where the Vietnamese child who is targeted for adoption resides; each copy of the child’s profile shall include of the documents described in Article 18 of Law on Adoption.

At the time of submitting application, the applicant shall present their passport or other alternative documents for examination and pay inter-country adoption registration fee at commune People’s committee as provided at Article 40 item 1 of this Decree.

3. Within 15 days from the date of receiving the complete and valid application, the Communal People's Committees shall review the documents and send its staff to seek for opinions of relevant people on the application according to regulations provided at Article 9 of this Decree and sending letter to provincial Department of Justice for advice in accompanied by 01 application of the applicant and 01 copy of the child’s profile..

4. After this 10 day period upon receiving the letter , provincial Department of Justice shall review the application and reply in written form to the Communal People’s Committee ..

5. Within 05 working days period upon receiving approval document from provincial Department of Justice, commune people’s committee shall proceed with the adoption registration and organize the hand-over of the child according to regulations provided at Article 10 of this Decree; where the application is disapproved by provincial Department of Justice, the commune People’s committee shall reply the applicant in document in which the reasons for rejection are clearly stated.


Article 22. Procedures on processing inter-country adoption application of Vietnamese citizen who resides in border area applying to adopt a child from the neighboring country residing in border area

1. A Vietnamese citizen residing in the border area wishing to adopt a child from a neighboring country who is also residing in the border area shall satisfy the conditions set by Article 14 of the Law on Adoption as well as regulations set by the neighboring country’s law.

2. The application shall include of the documents described in Article 17 of Law on Adoption and other documents as required by legislation of the neighboring country; the number of applications needed shall be of requirements set by the law of this neighboring country.

3. With the completed application in place, the applicant shall submit such application to provincial Department of Justice. Department of Justice shall review the application and confirm whether the applicant is eligible for adoption as provided by regulations set at Article 14 of Law on Adoption.

4. Upon registering adoption at the competent authority of the neighboring country, the adopter shall fulfill the procedures of notifying the Communal People's Committee where he/she resides about such adoption.


Section 4. DE FACTO ADOPTION


Article 23. Registration in cases of de facto adoption


1. De facto adoption agreements among Vietnamese citizens made before Jan 1, 2011 shall be registered within the period from Jan 1st, 2011 to Dec 31, 2015 at Communal People's Committees where the adoptive parents and the adopted child(ren) resides if satisfying the conditions stated at Article 50 item 1 of Law on Adoption.:

2. Regulations provided at Item 1 of this Article are also applicable for cases of unregistered inter-country adoption between Vietnamese citizens residing in border area and child(ren) from a neighboring country and lives in border area of that country took place before the date of Jan 1st 2011.


Article 24. Application for registration of de facto adoption

1. To be registered, the adoptive parent(s) shall file an adoption registration form and submit to the Communal People’s Committee where they reside. The form shall clearly state the date, month, and year when the de facto adoption starts, and shall be testified by the signatures of at least two witnesses.

2. Accompanying the adoption registration form there must be other documents including of:
a) a copy of the adoptive parent’s ID and household record book
b) a copy of the adopted child’s ID or birth certificate.
c) a copy of marriage certificate of the adoptive parent(s) (if applicable);
d) other documents for substantiation of adoption (if any).


Article 25. Procedures for registration of de facto adoption

1. Within 15 days upon receiving the complete and valid application, commune People’s committee shall send their registrar to work closely with commune police officer to conduct the assessment and verification; where the de facto adoptive relation between the adoptive parents and adopted child still exists and both the adopters and adoptees involved in such relation are still alive, the registration shall be made by commune People’s committee.

2.In the event of adoption registration, it is required of presence of both the adoptive parent(s) and adopted child(ren). The registrar shall record in Adoption Registration Record and grant Adoption certificate for both parties.

Section 5. ADOPTION BETWEEN VIETNAMESE CITIZENS WHO TEMPORARILY RESIDE IN A FOREIGN COUNTRY


Article 26. Application for adoption registration


1. The application shall be made into 01 set including of all documents described in Article 17 of Law on Adoption. Where the applicant has resided in a foreign country for more than six months, his/her judicial record, health certificate and written confirmation on family circumstance, accommodation and financial status could be issued by competent authority of country of residence.

2. The profile of the child offered for adoption shall be made into 01 set including of documents as described in point a, b, c and relevant documents as prescribed at Law on Adoption, Article 18, item 1, point d in some cases. Where the child has resided in a foreign country for more than six months, his/her health certificate and relevant documents as described in Article 18 item 1 point d of Law on Adoption could be issued by competent authority of country of residence.


Article 27. Procedures for adoption application submission and registration at Representative agency

1. The applicant shall directly submit their application and the child’s profile at Representative agency according to regulations provided at Article 2 item 3 of this Decree.

2. Within 10 days period upon receiving the complete and valid application, Representative agency shall review the application and seek consultation from relevant people on the adoption. This process shall strictly follow regulations provided at Article 9 of this Decree.

3. If both parties are deemed as fulfilling all requirements set at Article 14 of Law on Adoption, within 20 days period upon seeking consultation from relevant people, the registration shall be made by Representative agency.

In the event of adoption registration, it is required of presence of the adoptive and biological parents, guardians and the adopted child. The Representative agency shall record in Adoption Registration Record and grant Adoption certificate to both relevant parties as well as reporting in document to Administration for Adoption and Consular General office in attached with a copy of Adoption certificate.

4. Where the application is not transparent, it is necessary to request assessment and verification from domestic authorities. Representative agency shall send official request in accompanied with the copy of application to Administration for Adoption(MOJ) and Consular General office for verification.

Within 30 days upon receiving the request, Administration for Adoption(MOJ) shall request examination and verification from relevant domestic authorities for replies to Representative agency.

In case of application disapproval, Representative agency shall inform the applicant in written form in which reasons for disapproval are clearly stated.


Article 28. Reporting on the development of the adopted and adoption monitoring

Within three years period upon the hand-over of the adopted child, adoptive parents are responsible for bi-annual report to Representative agency at their country of residence on the health, psychology status and integration of the adopted child with adoptive parents, family and community. Where the adoption is continued in Vietnam, within this three years period, this report shall be made in accordance with regulations provided at Article 23 of Law on Adoption.

Section 6. ADOPTION RE-REGISTRATION, RECOGNITION OF ADOPTION REGISTERED AT FOREIGN COMPETENT AUTHORITY


Article 29. Adoption re-registration


1. The re-registration shall be conducted in cases where adoption was registered at competent authority of Vietnam but the Household record and original Adoption certificate were missing or damaged and adoptive parents and adopted child are alive at the time of request.

2. The re-registration shall be conducted by commune People’s committee where both adoptive parents and the adopted child reside or commune people’s committee where the registration was originally made before. The re-registration process for inter-country adoption shall be made by provincial Department of Justice where both adoptive parents and the adopted child reside or where the registration was originally made before.

3. The person requests for re-registration shall submit the Adoption re-registration form. In cases of re-registration at commune people’s committee or provincial Department of Justice where registration was not originally made, the Form shall include of commitment of the request person on authenticity of former adoption and signatures of at least two witnesses.

4. Within 05 working days upon receiving complete and valid documents, Chairperson of commune People’s committee shall approve and grant 01 original copy of Adoption certificate for the requesting person.

In cases of re-registration for inter-country adoption, Director of provincial Department of Justice shall submit Decision of approved inter-country adoption for approval from provincial People’s committee to grant for the requesting person.

5. It is required to clearly state the re-registration nature in the notice section of original copies of documents required as provided at Article 4 of this Decree and Adoption registration record.


Article 30. Recognition and notice on adoption registered at foreign competent authority

1. The adoption of Vietnamese citizens with Vietnamese children or foreign children registered at a foreign competent authority shall be recognized at Vietnam and put notice in Adoption registration record, except for cases of violations of Article 13 of Law on Adoption.

2. The notice made in Adoption registration record shall be conducted at provincial Department of Justice where adoptive parents and the adopted child reside.

3. The person who requests for notice on adoption shall present to provincial Department of Justice the original copy of adoption registration granted by foreign competent authority.

4. Provincial Department of Justice shall make notice on adoption in Adoption registration record and grant for the requesting person the Certificate to confirm such notice was made.

CHAPTER III

PROCEDURES OF LICENSE ISSUANCE, RENEWAL, MODIFICATION, AND REVOCATION OF INTER-COUNTRY ADOPTION AGENCIES IN VIETNAM



Article 31. Application of a inter-country adoption agency to apply for operation license in Vietnam


1. An application package of a inter-country adoption organization applying to operate in Vietnam shall include the following documents:

a) Application letter for permission to operate in Vietnam;
b) A copy of the agency’s Charter, Operation Regulations or documents relating to its establishment;
c) A copy of the license issued by the competent authorities of the country where the organization was established, allowing it to operate in the field of inter-country adoption in Vietnam;
d) A report on the agency’s activities in the field of inter-country adoption in the last 03 years, which clearly states the revenues and expenditures associated with its inter-country adoption activities, its record of law observance and the proof of certification by competent authorities where the organization operates; in cases where the organization has operated in inter-country adoption in Vietnam, there must be a report on its activities in Vietnam;
đ) Assessment report on understanding of social workers and judicial workers of the inter-country organization on the areas of legislation, culture and society of Vietnam as well as international legislation on adoption;
e) The curriculum vitae, judicial record, diplomas and certificates of professional qualifications of the head of the organization;
f) Curriculum vitae, judicial record, diplomas and certificates of professional qualifications of the person expected to lead the organization representative office in Vietnam and authorization documents of the organization to certify on the leading status of that person in Vietnam country office;

2. The documents required at Item 1 of this Article shall be made in 02 sets of application package and submitted to Administration for Adoption (MOJ).


Article 32. Conditions and requirements for person representing a inter-country adoption organization in Vietnam

1. The representative of an inter-country adoption organization in Vietnam shall meet the following conditions and requirements:

a) Being a citizen of Vietnam or a foreign citizen, if being a citizen of Vietnam, he/she must not be a government officer or civil servant as prescribed by law;
b) Having good moral;
c) Having no criminal records and not in the state of being blocked the exit and entry from the country as prescribed by law;
d) Having understanding on Vietnamese legislation, culture and society and international legislation relevant to adoption;

2. A person shall serve as the representative of only one inter-country adoption organization in Vietnam.


Article 33. Procedures for awarding a operation license to a inter-country adoption organization in Vietnam

1. Within 60 days from the date of receiving complete and valid application package and fees, Administration for Adoption(MOJ) shall review and verify the applications, interview the persons who are nominated to act as the representative and employees (if any) of the foreign adoption organization in Vietnam; investigate and evaluate the conditions and professional capacity, and staff of the inter-country adoption organization, and report to Minister of Ministry of Justice for requesting advice from Ministry of Public Security.

2. Within 30 days from the date of receiving such request by Ministry of Justice, Ministry of Public Security shall reply in written form to Ministry of Justice.

3. Within 05 days from the date of receiving the reply of Ministry of Public Security, Administration for Adoption(MOJ) shall complete the application and report to Minister of Ministry of Justice to consider and grant operation license to the inter-country adoption organization in Vietnam (hereinafter referred to as the License) and inform Ministry of Public Security and tax authority for coordination in supervision; in cases of denial of such permit, Ministry of Justice shall inform the inter-country adoption organization in writing clearly stating the reasons.

4. The operation license granted to inter-country adoption organization is valid in the entire country for 05 years from the date of issuance and may be renewed; each renewal shall not exceed 05 years.


Article 34. Renewal of operation license

1. Inter-country adoption agency licensed to operate in Vietnam, if successfully observing the provisions of the law and do not violate the law during their entire terms of operation, shall be allowed to renew their operation permit

2. Each inter-country adoption organization must file an application to the Administration for Adoption for renewal at least 60 days prior to the expiration of its permit; such application must be sent along with License and a report on its operation in Vietnam.

3. Within 30 days from the date of receiving complete and valid applications, Administration for Adoption(MOJ) shall examine application and operations of the inter-country adoption organizations in Vietnam and, whenever necessary, examine and assess the capacity of such organizations; as well as report to Minister of Ministry of Justice to request advice from Ministry of Public Security.

4. Within 15 days upon receiving request letter from Ministry of Justice, Ministry of Public Security shall reply to Ministry of Justice in document.

5. Within the period of 05 working days upon receiving replies from Ministry of Public Security, Administration for Adoption(MOJ) shall complete the application and report to Minister of Ministry of Justice to approve on the license renewal and inform Ministry of Public Security and tax authority for coordination in supervision. In cases of denied renewal, Administration for Adoption shall inform the applying inter-country adoption organization in writing clearly stating the reasons for such refusal.


Article 35. Modifying the content of license

1. When a inter-country adoption organization makes any changes to its name, or the location of its headquarter in the country where such organization is established, or to the organization’s address in Vietnam, the organization shall send a written request to notify Administration for Adoption(MOJ) of such changes.

Within 05 days from the date of receiving such written request to notify changes, Administration for Adoption shall report to Minister of Ministry of Justice for approval on recording the changes directly onto the license, and inform Ministry of Public Security and tax authority for coordination in supervision.

2. When a inter-country adoption organization wishes to change its representatives in Vietnam, the organization shall file a request thereof to the Administration for Adoption(MOJ) in accompanied by the license and 02 set of profile of the person anticipated to be representative of Vietnam country office as stipulated at Article 30 item 1 point g of this Decree.

Within 05 working days from the date of receiving complete applications of such representative replacement, Administration for Adoption (MOJ) shall review the application, report to Minister of Ministry of Justice to send a written request to the Ministry of Public Security for comments in accompanied by 01 set of profile of the anticipated representative.

Within 15 days from the date of receiving the dispatch of the Ministry of Justice, the Ministry of Public Security shall send a written reply to the Ministry of Justice.

Within 05 working days after receiving the written reply of the Ministry of Public Security, Administration for Adoption shall report to Minister of Ministry of Justice to approve the representative replacement and send a written notification Ministry of Public Security and tax authority for coordination in management. In cases of denial of the proposed replacement, Administration for Adoption shall inform the inter-country adoption organization in writing.


Article 36. Revocation of license

1. An inter-country adoption organization shall have their operation permit revoked according to regulations provided at Article 43 item 3 of Law on Adoption and the following specific regulations:

a) It has ceased to operate in the country where it was established;
b) The organization is no longer permitted to operate in Vietnam by the competent authorities of its country of origin;
c) The inter-country adoption organization itself requests the termination of its operations in Vietnam before the expiration of the permit issued by the Ministry of Justice;
d) The organization’s term of operation in Vietnam under the permit issued by the Ministry of Justice has expired;
e) đ) The organization is deprived of its right to use the permit in accordance with the laws of Vietnam.

2. The inter-country adoption organization shall return their license to the Ministry of Justice, and settle all the debts (if any) with relevant agencies, organizations and individuals in Vietnam.

3. Administration for Adoption( MOJ) shall notify the Ministry of Public Security, competent tax authority and the competent agencies of the foreign country involved about the decision to withdraw the license of inter-country adoption organization in Vietnam.


Article 37. Management of inter-country adoption agency in Vietnam

1. Based on the local context, upon consultation with National agency for inter-country adoption of relevant countries, Ministry of Justice shall cooperate with Ministry of Public Security and Ministry of Foreign Affairs to determine the number of inter-country adoption agencies to be permitted to operate in Vietnam.

2. Ministry of Justice shall lead and cooperate with Ministry of Public Security and other relevant line agencies and localities to enforce the management of inter-country adoption agencies in Vietnam.

CHAPTER IV

ADOPTION REGISTRATION FEE, LICENSE ISSUANCE, RENEWAL AND MODIFICATION FEE FOR INTER-COUNTRY ADOPTION AGENCY, INTER-COUNTRY ADOPTION SETTLMENT COSTS



Article 38. Principle in collection, payment, management and use


1. Adoption registration fee, license issuance, renewal and modification fee for inter-country adoption agency are revenue belong to the government budget.

2. Inter-country adoption settlement costs are the amount of money paid by foreigners who do not reside in Vietnam to compensate for part of the costs in settling inter-country adoption.

3. All the fee collected in accordance with Item 1 and 2 of this Article shall be deposit in the bank account of the competent collection authority at National treasure for monitoring and use as regulated.

The collecting agency is responsible for preparation of annual estimated expenditure and income and submit to competent agency for approval and conducting the liquidation in accordance with current mechanism.

Section 1. ADOPTION REGISTRATION FEE, LICENSE ISSUANCE, RENEWAL AND MODIFICATION FEE FOR INTER-COUNTRY ADOPTION AGENCY


Article 39. Registration fee for adoption


Adoption registration fee provided at Article 12, item 1 of Law on Adoption including of domestic adoption registration, inter-country adoption registration and adoption registration at Representative office fee.

Article 40. Rate of adoption registration fee.

The registration fee for domestic adoption is VND400,000 (four hundred thousand dongs) per case.

2. The registration fee for inter-country adoption is VND9,000,000 (nine million dongs) per case.

3. Registration fee for adoption at Representative agency is three millions VND (3,000,000VND) per case. This fee is converted into USD dollars or currency of the country where registration is conducted.


Article 41. Agencies with competence to collect adoption registration fee

1. Communal People’s Committee shall be the competent agency to collect domestic adoption registration fee.

2. Administration for Adoption(MOJ) shall be the competent agency to collect inter-country adoption registration fee.

3. Representative agency shall be the competent agency to collect registration adoption fee registered at Representative agency.


Article 42. Those who are subject to adoption registration fee

1. Vietnamese citizens who reside in Vietnam shall pay domestic adoption registration fee as provided at Article 40, item 1of this Decree upon submitting application at commune People’s committee.

2. Vietnamese citizens who immigrated to a foreign country, foreigners who do not reside in Vietnam shall pay inter-country adoption registration fee as provided at Article 40, item 2 of this Decree upon submitting application at Administration for Adoption (MOJ).

3. Vietnamese citizens who temporarily reside in a foreign country shall pay adoption registration fee as provided at Article 40, item 3 of this Decree upon submitting application at Representative agency.


Article 43. Full and partial exemption of adoption registration fee

1. With regards to domestic adoption, in cases when a step parent applies to adopt the biological child of their wife/husband; or when a blood aunt or uncle applies to adopt her/his niece/nephew; or when the child to be adopted belongs to the category of children described in Article 3 item 1 of this Decree, and when the adoption is applied in remote, disadvantaged areas, the application fee shall be exempted.

2. With regards to inter-country adoption, in cases when a foreign stepparent applies to adopt the biological child of their wife/husband; or when a blood aunt or uncle applies to adopt her/his niece/nephew, the application fee shall be reduced to 50% of the amount specified

In cases of adoption of two or more children who are siblings, the fee for adoption registration for the second child onward shall be reduced to 50% of the amount specified.

3.Adoption registration fee shall be fully exempted for de facto adoption as provided in Article 23, re-registration of adoption as provided in Article 29 and recognition and note of adoption which was registered in a foreign country as provided in Article 30 of this Decree.


Article 44. Management and use of the adoption registration fee

1. Communal People’s Committees may use the domestic adoption application fee to cover their activities of verification and review of application documents; seeking the views of persons related to adoption; monitoring and reporting on the situation of adoption in their areas, as well as to cover other acts in accordance with the regulations of the law.

2. Administration for Adoption(MOJ) may use 50% of the inter-country adoption registration fee to cover the costs of the following activities:

a) Reviewing and verifying applications, consulting specialists in the fields of psychology, family, and social studies (when necessary);
b) Sending the applications to Provincial Departments of Justice;
c) Communicating, sending the applications to, exchanging correspondence with foreign competent agencies to handle the application of adoption;
d) Printing and disseminating forms, papers, materials related to adoption;
đ) Collecting, processing, analyzing and reporting data on inter-country adoption;
e) Gathering, tracking, synthesizing, evaluating information, and reporting on the situation and development of children who are given for adoption to foreign families;
g) Purchasing stationeries, office supplies, and necessary equipments directly related to the processing of adoption applications;
h) Purchasing and repairing property and equipments directly related to fee collection;
i) Other regular expenses for the individuals directly collect fees including of salary, payment, subsidiaries and other contribution, except from salary for government officers enjoyed salary from government budget in accordance with current regulations.

3. Provincial Department of Justice may use 50% of inter-country adoption registration fee as provided in Article 40 item 2 of this Decree for the following expenses:

a) Reviewing and verifying profiles of children offered for adoption;
b) Seeking the views of related persons about the adoption;
c) Recommending the child for inter-country adoption, including consulting psychologists, medical workers, family and community prior to making such recommendation;
d) Sending the recommended child’s profile to Ministry of Justice to inform the applicant;
đ) Gathering, tracking, synthesizing, evaluating information, and reporting on the situation and development of children who are given for adoption to foreign families;
e) Purchasing stationeries, office supplies, and necessary equipments directly related to the processing of adoption applications;


Article 45. Fee and agencies competent for collection of fee for license issuance, renewal, and modification of inter-country foreign adoption agency in Vietnam

1. The fee for the license issuance, renewal, and modification of inter-country adoption agency in Vietnam is regulated as following:

a) The fee for the first issuance of foreign adoption organization’s operation permit in Vietnam is VND65,000,000 (sixty five million dongs);
b) Fee for license renewal is VND 35,000,000 (thirty five million dongs) for each renewal c) Fee for modification VND2,000,000 (two million dongs) each time.

2. Administration for Adoption(MOJ) shall be the competent agency for the collection of such fee upon the said foreign adoption organization’s application for issuance, renewal, or modification of their operation permit in Vietnam.


Article 46. Mechanism on usage of fee for license issuance, renewal and modification of inter-country adoption agency

The collected fee may be used to cover the expenses of the following activities:

1. Receiving, reviewing, verifying application dossiers filed by the inter-country adoption agency for issuance, renewal or modification of their operation permits;

2. Interviewing, assessing, verifying qualifications and experience of the potential representatives of inter-country adoption agency in Vietnam;

3. Checking the legal capacity and status of the inter-country adoption agency in the countries where they were established;

4. Checking, monitoring, managing and conducting professional training for representatives and staffs of inter-country adoption agency in Vietnam;

5. Monitoring via reports and conducting direct examination of the situation and development of children adopted to foreign countries whenever deemed necessary.

Section 2. INTER-COUNTRY ADOPTION SETTLEMENT COSTS



Article 47. Fee and competent agencies for the collection of inter-country adoption settlement fee


1. The fee for inter-country adoption settlement is fifty millions VND (50,000,000 VND) per case.

This amount of fee does not cover the costs of services, transportations, subsistence allowances, and other miscellaneous expenses charged to the adopter(s), including the costs of transportation for the child to go to the foreign country where the adopter(s) reside.

2. Administration for Adoption(MOJ) shall be the competent agency to collect the fee for processing inter-country adoption.


Article 48. Full payment, full exemption of inter-country adoption settlement fee

1. Foreign citizens who do not reside in Vietnam upon accepting the recommended child for inter-country adoption shall pay fee for inter-country adoption settlement fee as provided at Article 36 item 3 of Law on Adoption.

2. Foreign citizen who do not reside in Vietnam upon accepting to adopt a child belongs to the category provided at Article 3 item 1 of this Decree shall be exempted from the fee for processing inter-country adoption.


Article 49. Management and use of the fee for processing inter-country adoption

1. The competent agency responsible for fee collection shall transfer 95% of the obtained fee as regulated in Article 47 item 1 of this Decree to the provincial budget for the improved quality of child care and protection services in provincial area, specifically:

a) 70% of the fee as regulated in Article 47 item 1 is to cover the expenses of providing care, support, and education to the children as well as improving infrastructure and facilities for the needs and benefits of children;
b) 15% of this obtained fee is use

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