Circular No. 01/2025/TT-BTP amends and supplements certain Articles of Circular No. 21/2011/TT-BTP on the management of foreign adoption offices in Vietnam. The main contents include determining the number of foreign adoption organizations permitted to operate, procedures for resolving foreign adoptions, requirements for legalization of consular documents and certification of the translator's signature, management and inspection of foreign adoption offices, as well as reward systems for outstanding achievements.
适用范围
Ministry of Justice, foreign adoption offices in Vietnam, foreign adoption organizations wishing to operate in Vietnam, Department of Justice, Central Agency on International Adoption of the relevant foreign country.
要点
- Foreign adoption offices may participate in implementing procedures to resolve Vietnamese children being adopted abroad according to the law.
- Documents of foreign adoption organizations applying for issuance, extension, or amendment of the Operating Permit must be legalized by a consulate and translated into Vietnamese, with certification of the translator's signature.
- The Ministry of Justice decides on issuing, extending, or amending the Operating Permit for foreign adoption organizations after receiving the reply from the Ministry of Public Security.
- In case of revocation of the Operating Permit, foreign adoption offices must report to the Central Agency on International Adoption and fulfill the obligation to report on the development status of children.
- Foreign adoption offices have the responsibility to submit to the Ministry of Justice semi-annual and annual reports on their operations.
🌐 本文件的社会影响
- Positive impact: Clearer regulations on procedures and necessary documents for issuing operating permits for foreign adoption offices, contributing to stricter and more transparent management.
- Negative impact: Increased costs for foreign adoption organizations due to the requirement for consular legalization and certification of the translator's signature.
❓ 常见问题
What does a foreign adoption office participate in?
A foreign adoption office participates in implementing procedures to resolve Vietnamese children being adopted abroad according to the law on adoption.
What must the documents of a foreign adoption organization be like?
Documents must be consular legalized, made in two copies, and translated into Vietnamese. The translation must be certified with the translator's signature in accordance with Vietnamese law.
How does the Ministry of Justice decide on issuing an Operating Permit?
After receiving the reply from the Ministry of Public Security, the Ministry of Justice reviews and decides on issuing, extending, or amending the Operating Permit for foreign adoption organizations.
If a foreign adoption office is revoked its Operating Permit, what must it do?
Upon revocation of the Operating Permit, foreign adoption offices must report to the Central Agency on International Adoption and fulfill the obligation to report on the development status of Vietnamese children adopted abroad.
What obligations do foreign adoption offices have?
Foreign adoption offices have the responsibility to submit to the Ministry of Justice semi-annual and annual reports on the operations of foreign adoption organizations permitted to operate in Vietnam.
全文
CIRCULAR
Provincial People's Committees set specific pricesto amend and supplement detailed information in the system, đArticle of Circular No. 21/2011/TT-BTP dated November 21, 2011, issued by the Minister of Justice on the management of foreign adoption offices in Vietnam has been amended and supplemented with some articles pursuant to 19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 11/2021/TT-BTP dated February8 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;2 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;221, 2025, issued by the Minister of Justice
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Pursuant to the Law on Adoption dated June 17, 2010;
Pursuant to Decree No. 19/2011/NĐ-CP dated March 21, 2011, promulgated by the Government detailing certain provisions of the Law on Adoption; Decree No. 24/2019/NĐ-CP dated March 5, 2019, promulgated by the Government amending and supplementing certain provisions of Decree No. 19/2011/NĐ-CP dated March 21, 2011, detailing certain provisions of the Law on Adoption; Decree 06/2025/NĐ-CP dated 08 the 01 day5 of the Government amending and supplementing certain provisions of the decrees on adoption;
Pursuant to Decree No. 98/2022/NĐ-CP dated November 29, 2022, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
AT THE PROPOSAL OF THE Head of the Adoption Department;
The Minister of Justice hereby issues this Circular to amend and supplement some articles of Circular No. 21/2011/TT-BTP dated November 21, 2011, issued by the Minister of Justice on the management of foreign adoption offices in Vietnam has been amended and supplemented with some articles pursuant to 19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 11/2021/TT-BTP dated February8 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;2 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;2Circular No. 21/2011/TT-BTP dated November 21, 2011, issued by the Minister of Justice.
Article 1. Amending and supplementing some articles of Circular No. 21/2011/TT-BTP dated November 21, 2011, issued by the Minister of Justice on the management of foreign adoption offices in Vietnam, which has been amended and supplemented with some articles pursuant to Circular No. 11/2021/TT-BTP dated December 28, 2021, issued by the Minister of Justice.
Clause 1. Amending and supplementing Clause 1, Article 2 of Circular No. 21/2011/TT-BTP as follows:
"1. In accordance with Article 37 of Decree No. 19/2011/NĐ-CP, based on the number and needs of Vietnamese children requiring substitute families abroad, the conditions and capacity of foreign adoption organizations seeking to operate in Vietnam, after exchanging views with the Central Agency for International Adoption of the relevant foreign country, the Ministry of Justice shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security to decide the number of foreign adoption organizations permitted to operate in Vietnam (hereinafter referred to as foreign adoption organizations)."
Clause 2. Amending and supplementing Article 3 of Circular No. 21/2011/TT-BTP as follows:
"Article 3. Participation in the implementation of procedures for resolving foreign adoptions
Foreign adoption offices may participate in the implementation of procedures for resolving Vietnamese children's adoption abroad in accordance with the law on adoption."
Clause 3. Amending and supplementing Clause 2, Article 4 of Circular No. 21/2011/TT-BTP as follows:
"2. The application dossier of foreign adoption organizations requesting issuance, extension, or amendment of the license for operating foreign adoption in Vietnam must be legalized according to Article 30 of the Law on Adoption, prepared in two copies and translated into Vietnamese. The translation must be certified by the signature of the translator in accordance with Vietnamese law."
Clause 4. Amending and supplementing Point a, Clause 1, Article 5 of Circular No. 21/2011/TT-BTP as follows:
"a) After receiving the response from the Ministry of Public Security as stipulated in Clause 2, Article 33, Clause 4, Article 34 of Decree No. 19/2011/NĐ-CP and Clause 2, Article 35 of Decree No. 19/2011/NĐ-CP, which has been amended and supplemented with some articles pursuant to Decree No. 06/2025/NĐ-CP dated January 8, 2025, promulgated by the Government amending and supplementing some articles of the decrees on adoption, the Minister of Justice will consider and decide on issuing, extending, or amending the license for operating foreign adoption in Vietnam for foreign adoption organizations."
Clause 5. Amending and supplementing Clause 3, Article 6 of Circular No. 21/2011/TT-BTP, which has been amended and supplemented with Clause 1, Article 1 of Circular No. 11/2021/TT-BTP as follows:
"3. In case a foreign adoption organization is revoked its license for operating foreign adoption in Vietnam in accordance with Clause 1, Article 36 of Decree No. 19/2011/NĐ-CP, the Ministry of Justice will exchange views with the Central Agency for International Adoption of the relevant foreign country regarding: a) Measures to support the completion of proceedings for cases that have been transferred to the Department of Justice; b) Methods to continue fulfilling the responsibility of reporting on the development of Vietnamese children adopted abroad in accordance with Point g, Clause 2, Article 43 of the Law on Adoption."
Clause 6. Amending and supplementing Clause 1, Article 10 of Circular No. 21/2011/TT-BTP, which has been amended and supplemented with Clause 3, Article 1 of Circular No. 11/2021/TT-BTP as follows:
"1. Foreign adoption offices are responsible for submitting to the Ministry of Justice semi-annual and annual reports on the operation of foreign adoption organizations licensed to operate in Vietnam."
Clause 7. Amending and supplementing Clause 1, Article 11 of Circular No. 21/2011/TT-BTP as follows:
"1. The Ministry of Justice shall manage and inspect foreign adoption offices in Vietnam."
Clause 8. Amending and supplementing Clause 4, Article 13 of Circular No. 21/2011/TT-BTP as follows:
"4. Within thirty days after the end of the inspection, the Ministry of Justice shall notify foreign adoption offices in Vietnam and related foreign adoption organizations about the inspection conclusions."
Clause 9. Amending and supplementing Clause 1, Article 15 of Circular No. 21/2011/TT-BTP as follows:
"1. Foreign adoption offices and heads of foreign adoption offices in Vietnam strictly comply with this Circular and other relevant laws. Those who achieve outstanding results in supporting the search for substitute families for children in special circumstances or helping disabled children or seriously ill children in Vietnam shall be rewarded. The reward system shall be implemented in accordance with current laws."
Clause 10. Amending and supplementing Article 18 of Circular No. 21/2011/TT-BTP as follows:
"Article 18. Implementation of this Circular
1. The Ministry of Justice shall implement this Circular and coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs to manage foreign adoption offices in Vietnam.
2. During the implementation process, if there are difficulties or new issues arise, relevant agencies shall inform the Ministry of Justice in a timely manner for guidance."
Article 2. Replacing some phrases of Circular No. 21/2011/TT-BTP which has been amended and supplemented some clauses Article 2. Effectiveness of enforcement 19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 11/2021/TT-BTP
1. Replace the phrase "Adoption Department" with the phrase "Ministry of Justice" at Point b, Point c, and Point e Clause 1 Article 6, Clause 1 and Clause 2 Article 8, Clause 4 Article 9, Clause 2 Article 13 of Circular No. 21/2011/TT-BTP.
2. Replace the phrase "Adoption Department" with the phrase "Ministry of Justice" at: Point d Clause 1 Article 6 of Circular No. 21/2011/TT-BTP which has been amended and supplemented at Clause 1 Article 1 of Circular No. 11/2021/TT-BTP; Clause 2 Article 9 of Circular No. 21/2011/TT-BTP which has been amended and supplemented at Clause 2 Article 1 of Circular No. 11/2021/TT-BTP; Clause 3 Article 9 of Circular No. 21/2011/TT-BTP which has been amended and supplemented at Clause 5 Article 2 of Circular No. 11/2021/TT-BTP.
Article 3. Clause 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.
This Circular takes effect from April 8, 2025.
DEPUTY MINISTER
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