Circular No. 04/2001/TT-BTP guides the implementation of certain provisions of the Regulation on the Implementation of the Agreement on Cooperation in Adoption between the Socialist Republic of Vietnam and the French Republic.

CIRCULAR

of B||| d.1. Amount of taxable income in Vietnam:Circular No. 04/2001/TT-BTP dated March 20, 2001

guiding the implementation of certain provisions of the Regulation on the Implementation of the Agreement on Adoption Cooperation

between the Socialist Republic of Vietnam

and the French Republic

_________________

Pursuant to Decision No. 142/2000/QĐ-TTg dated December 11, 2000 of the Prime Minister promulgating the Regulation on the Implementation of the Agreement on Adoption Cooperation between the Socialist Republic of Vietnam and the French Republic;

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organization of the Ministry of Justice;

After reaching consensus with the Ministry of Foreign Affairs and the Ministry of Public Security;

The Ministry of Justice guides the implementation of certain provisions of the Regulation on the Implementation of the Agreement on Adoption Cooperation between the Socialist Republic of Vietnam and the French Republic as follows:

I. GENERAL PROVISIONS

1. This Circular stipulates the dossier and provides specific guidance on some procedures for handling applications for Vietnamese children to be adopted by French citizens and foreigners residing in France according to the Agreement on Adoption Cooperation between the Socialist Republic of Vietnam and the French Republic (hereinafter referred to as the Agreement) and the Regulation on the Implementation of the Agreement on Adoption Cooperation between the Socialist Republic of Vietnam and the French Republic (hereinafter referred to as the Regulation); it also stipulates the dossier and procedures for applying for a Permit to Operate in Vietnam of adoption organizations from France.

2. Children introduced for adoption are children currently residing in care facilities designated by the People's Committee of the province (hereinafter referred to as the Provincial People's Committee) to implement the Agreement. The number of designated care facilities depends on the actual situation and conditions of the locality. A copy of the document designating the care facility by the Provincial People's Committee must be sent to the Ministry of Justice, along with the address and name of the head of that care facility.

Applications for adopting children from families will only be processed in cases of humanitarian reasons as provided for in Clause 2, Article 3 of the Regulation. For other cases of adopting children from families due to humanitarian reasons, prior approval from the Ministry of Justice is required. The prior approval procedure of the Ministry of Justice for this case is carried out according to the provisions at Point C.4, Section II of this Circular.

II. SOME PROVISIONS ON THE Dossier AND PROCEDURES FOR HANDLING APPLICATIONS FOR ADOPTION

A. Dossier OF THE PERSON APPLYING FOR ADOPTION

1. Based on the provisions of Clause 3, Article 4 of the Regulation, the dossier of the person applying for adoption includes the following documents:

a. A letter from the International Adoption Agency of France sent to the Ministry of Justice of Vietnam;

b. An application for adoption according to the prescribed form;

c. A copy of the valid passport of the person applying for adoption, certified by the Vietnamese Embassy in France;

d. A valid permission to adopt issued by the Provincial Council of France, accompanied by a report on the social investigation and psychological investigation of the person applying for adoption and their criminal record;

đ. A certificate confirming that the person applying for adoption is healthy and does not suffer from mental illness or infectious diseases, issued by a competent medical institution in France within six months prior to the date the Ministry of Justice receives the dossier, which must have the stamp of confirmation from the International Adoption Agency of France;

e. A certificate confirming that the annual income of the person applying for adoption is sufficient to ensure the upbringing of the adopted child (Tax Revenue Notification of the previous year).

2. The letter from the International Adoption Agency of France sent to the Ministry of Justice mentioned in Point 1.a above includes the following contents:

a. Full name, date of birth, passport number, place of residence, occupation, contact address of the person applying for adoption;

b. Legal capacity status of the person applying for adoption;

c. Ability to ensure the upbringing of the adopted child (economic capability, personal circumstances, family background, health status, social environment) of the person applying for adoption;

d. Reason for applying for adoption;

đ. Preferences regarding the child to be adopted (age, gender, other characteristics deemed suitable by the person applying for adoption); if the person applying for adoption specifically requests a child from a care facility or from a family, then the full name, date of birth, and place of residence of the child must be clearly stated;

e. Commitment to complete the adoption process in France to protect the rights of Vietnamese children who have been decided to be adopted.

3. The dossier of the person applying for adoption shall be prepared in two copies. Documents in foreign languages in the dossier must be translated into Vietnamese and certified by the Vietnamese Embassy in France.

B. Dossier OF THE CHILDREN INTRODUCED FOR ADOPTION

1. Based on the provisions of Point a, Clause 2, Article 6 of the Regulation, the dossier of children introduced for adoption includes the following documents:

a. A copy of the Birth Certificate;

b. Approval for the child to be adopted;

c. A certificate from a healthcare facility at the district level or higher regarding the child's health condition (if there are any special health conditions requiring attention, they must be clearly stated);

In the case where the child is introduced for adoption as being abandoned, there must also be a copy of the Record Confirming the Child's Abandoned Status; if the child is orphaned, then a copy of the Death Certificate for both the mother and father must be provided.

In the case where the child is introduced for adoption from a care facility, a letter from the care facility must be attached, stating: the period the child has stayed in the care facility; the family circumstances of the child; any special needs or preferences of the child, if any; and any necessary notes about the child's health condition. The letter from the care facility must affirm that there has been no domestic applicant for the child and that placing the child for adoption by a foreigner is the most appropriate measure for the child's benefit.

2. The approval for the child to be adopted mentioned in Point 1.b above must be signed by the head of the care facility, in the case where the child is introduced for adoption while residing in a care facility; if the child still has biological parents or a guardian, then consent from those individuals is also required.

In the case where a child is introduced for adoption from a family, the Approval Certificate must be signed by both the birth father and mother; if either the birth father or mother has died, lost capacity to act, been declared dead or missing by a court decision that has taken legal effect, then only the signature of the living parent with capacity to act is required.

In the case where both the birth father and mother have died, lost capacity to act, been declared dead or missing by a court decision that has taken legal effect, then the guardian of the child has the authority to sign the Approval Certificate.

The guardian referred to herein must be a person who has registered guardianship in accordance with the provisions of the household registration law.

If the child is at least nine years old and is introduced for adoption from a family, then the child's consent to be adopted by a foreigner must be directly recorded on the Approval Certificate for the child's adoption.

The file of the child shall be established in two copies.

C. SOME PROVISIONS ON THE PROCEDURES FOR HANDLING APPLICATIONS FOR ADOPTION

Upon receipt of an application for adoption, the Department of Notarization, Authentication, Household Registration, Citizenship, and Criminal Record (hereinafter referred to as the Department of Household Registration) shall be responsible for reviewing and examining the entire file; if it finds the file complete and valid, it shall proceed with the procedure to introduce the child according to Article 5 of the Regulation and shall be responsible for ensuring that the adoption applicant's file, when sent to the provincial People's Committee, complies fully with the requirements of the Agreement, Regulation, and this Circular.

If the file is found to be incomplete or invalid, the Department of Household Registration shall notify the French International Adoption Agency to supplement and perfect the file.

Upon receipt of the child's file sent by the care facility or birth parents/guardian, the Department of Justice shall be responsible for reviewing and examining the entire file; if it finds the file complete and valid, it shall proceed with the procedure to transfer the file to the Ministry of Justice according to point b, Clause 2, Article 6 of the Regulation and shall be responsible for ensuring that the child's file, when sent to the Ministry of Justice, complies fully with the requirements of the Agreement, Regulation, and this Circular.

If the child's file is found to be incomplete or invalid, the Department of Justice shall notify the care facility or birth parents/guardian to supplement and perfect the file.

During the review and examination of the file, if the origin of the child is unclear or there is suspicion of violations of the law in introducing the child, or if there is doubt about the authenticity of the file and documents, the Department of Justice shall issue a document requesting the provincial police agency to investigate according to point b, Clause 2, Article 6 of the Regulation. The request for investigation and the notification of the results of the investigation by the provincial police agency must be sent to the Ministry of Justice along with the child's file.

The procedures for adopting a child from a family for humanitarian reasons not falling under the cases mentioned in paragraph 2 of Article 3 of the Regulation are as follows:

The adoption applicant must submit an application to the Ministry of Justice of Vietnam through the French International Adoption Agency, clearly stating the name and permanent address of the child, and the humanitarian reason for specifically requesting the adoption of that child.

Upon receipt of the application, the Department of Household Registration shall send it to the Department of Justice at the place of permanent residence of the child to examine and verify the authenticity of the humanitarian reason stated by the adoption applicant; if it finds the humanitarian reason to be authentic and preliminarily accepted by the birth parents or guardian, the Department of Justice shall report in writing to the Ministry of Justice to respond to the adoption applicant.

After receiving the approval of the Ministry of Justice regarding the humanitarian reason, the adoption applicant may then submit the adoption application according to the Agreement.

D. THE HANDOVER OF ADOPTION

The handover of adoption shall be carried out in accordance with the law. In the case where the adoption applicants are a married couple, both parties must be present and directly receive the child, signing the Adoption Registration Book. In the event that one of the parties cannot attend Vietnam due to health or other objective reasons at the time scheduled for the handover procedure, the authorization of that party to the other party may be accepted.

When handing over the child for adoption, the Department of Justice shall provide the adoption applicant with the following documents:

a. The original Decision on Adoption;

b. The original Handover Record;

c. The original Birth Certificate of the adoptee; if the original Birth Certificate is lost or damaged beyond use, it shall be replaced by a certified copy from the Birth Registration Book;

d. A certified copy of the Approval Certificate for the child to be adopted;

đ. A certified copy of the Death Certificate of the birth parents, if they have died;

e. A certified copy of the Confirmation Record of Abandonment, if the child is abandoned.

III. APPLICATION FILES AND PROCEDURES FOR OBTAINING LICENSE TO OPERATE

IN VIETNAM FOR THE ORGANIZATION OF ADOPTION FROM FRANCE

A. APPLICATION FILE FOR OBTAINING LICENSE TO OPERATE IN VIETNAM

The French Adoption Organization (hereinafter referred to as the Adoption Organization) wishing to operate in the field of adoption in Vietnam must submit an application according to the prescribed form to the Ministry of Justice of Vietnam for a license to operate in Vietnam (hereinafter referred to as the Operating License).

Accompanying the application must be the following documents:

a. A certified true copy of the Charter of the Adoption Organization;

b. A certified true copy of the Operating License issued by the French International Adoption Agency;

c. A report on the operation in the field of adoption in the last two years, accompanied by confirmation from the French International Adoption Agency, detailing financial income and expenditure related to adoption activities; if the Adoption Organization has already operated in Vietnam, it must include a report on its activities in Vietnam, confirmed by the Vietnamese management agency;

d. Plans for operations in Vietnam and plans for technical assistance or humanitarian support for childcare facilities;

đ. A criminal record certificate of the person proposed by the Adoption Organization to represent in Vietnam.

e. List and criminal record forms of individuals expected to be hired to work for the Adoption Organization in Vietnam.

2. The application for issuance of the Operating License and accompanying documents shall be prepared in two sets of files. French-language documents in the file must be translated into Vietnamese and certified as true copies.

B. PROCEDURE FOR ISSUANCE OF THE OPERATING LICENSE

1. Within five days from the date of receiving complete and valid files, the Department of Household Registration is responsible for reviewing and sending letters requesting opinions from relevant Ministries, Departments, and Provincial People's Committees where the Adoption Organization plans to establish its headquarters.

Immediately upon receipt of responses from the aforementioned agencies, the Department of Household Registration is responsible for coordinating with the Department of International Cooperation to submit to the Minister for consideration and decision on issuing the Operating License.

Within five days from the date of the Decision to issue the Operating License, the Department of Household Registration shall deliver the Operating License to the Adoption Organization.

In case of refusal to issue the Operating License, the Department of Household Registration shall send a letter notifying the Adoption Organization, clearly stating the reasons for refusal.

The Operating License shall be made in two original copies: one copy issued to the Adoption Organization and one copy retained at the Ministry of Justice. The Operating License is valid for no more than two years and may be renewed, each time for no more than two years.

2. Within thirty days from the date of receiving the Operating License, through the Department of Justice, the Adoption Organization must report on the issuance of the Operating License and submit a copy of the Operating License to the Provincial People's Committee where the organization's headquarters is located.

C. RESPONSIBILITIES OF THE ADOPTION ORGANIZATION

An Adoption Organization that has been issued an Operating License by the Ministry of Justice of Vietnam, in addition to the rights and obligations stipulated in Clause 1 of Article 18 of the Regulation, also has the following rights and obligations:

1. To contact the Ministry of Justice, Provincial People's Committees, Departments of Justice, and childcare facilities to carry out tasks authorized by the French International Adoption Agency or by the adoptive parents.

2. To conduct technical assistance and humanitarian support activities for childcare facilities based on written agreements with such facilities. The signing of these agreements must be approved by the Provincial People's Committee where the facility is located.

3. To be subject to inspection and supervision by the Ministry of Justice and the Provincial People's Committee where the organization's headquarters is located.

4. Other rights and obligations as prescribed by law.

D. PROCEDURES FOR RENEWAL AND CHANGE OF CONTENT

OF THE OPERATING LICENSE

1. Renewal of the Operating License

An Adoption Organization that strictly complies with Vietnamese laws, regulations of the Agreement, the Regulation, and this Circular may apply for renewal of the Operating License.

At least sixty days before the expiration of the Operating License, the Adoption Organization must submit an application for renewal to the Ministry of Justice. Accompanying the application must be a document from the Provincial People's Committee where the organization's headquarters is located, commenting on the operational situation and expressing an opinion on renewal.

Within thirty days from the date of receiving the application for renewal of the Operating License, the Department of Household Registration is responsible for reviewing and coordinating with the Department of International Cooperation to submit to the Minister for consideration and decision.

In case of refusal to renew the Operating License, the Department of Household Registration shall send a letter notifying the Adoption Organization, clearly stating the reasons for refusal.

Within ten days from the date of receiving the Decision to renew the Operating License, through the Department of Justice, the Adoption Organization must notify about the renewal and submit a copy of the Decision to renew the Operating License to the Provincial People's Committee where the organization's headquarters is located.

2. Change of Content of the Operating License

In case the Adoption Organization changes its name, head, main office in France, or office in Vietnam, it must notify the Ministry of Justice of Vietnam in writing so that the change can be noted in the Operating License.

In case the Adoption Organization requests to change its representative in Vietnam, the content of operations, or the operational area in Vietnam, it must submit a request to the Ministry of Justice for permission to make such changes. The request must clearly state the requested changes and the reasons for the changes.

Within thirty days from the date of receiving the application for changing the content of the Operating License, the Department of Household Registration is responsible for reviewing and coordinating with the Department of International Cooperation to submit to the Minister for consideration and decision.

In case of refusal to permit changes to the content of the Operating License, the Department of Household Registration shall send a letter notifying the Adoption Organization, clearly stating the reasons for refusal.

Within ten days from the date of receiving the Decision permitting changes to the content of the Operating License, through the Department of Justice, the Adoption Organization must notify about the changes to the content of the Operating License and submit a copy of the Decision to the Provincial People's Committee where the organization's headquarters is located.

E. PROCEDURES FOR TERMINATION OF OPERATIONS IN VIETNAM

1. The Adoption Organization shall terminate its operations in Vietnam in the following cases:

a. Expiration of the operating period specified in the Operating License issued by the Ministry of Justice of Vietnam without renewal;

b. Termination of operations in France;

c. Revocation of the Operating License in Vietnam;

d. Voluntary termination of operations in Vietnam.

In the cases specified in Points b and d above, sixty days prior to the anticipated termination date, the Adoption Organization must submit a written report to the Ministry of Justice and the Provincial People's Committee where the organization's headquarters is located regarding the intention to terminate operations in Vietnam.

2. Within sixty days from the date of termination of operations in Vietnam, the Adoption Organization must settle all outstanding debts with organizations and individuals and resolve all issues related to the termination of operations, submitting a written report to the Ministry of Justice and the Provincial People's Committee where the organization's headquarters is located.

IV. SAMPLE DOCUMENTS AND RECORD KEEPING OF ADOPTION FILES

1. The following sample documents are attached to this Circular:

a. Letter from the Ministry of Justice to the Provincial People's Committee recommending children for adoption (for non-specific requests) - Appendix I.1;

- Appendix I.1;

b. Letter from the Ministry of Justice to the Provincial People's Committee recommending children for adoption (for specific requests) - Appendix I.2;

c. Letter from the Ministry of Justice to the Provincial People's Committee regarding the transfer of the adoption applicant's file - Appendix I.3;

d. Letter from the Ministry of Justice to the Department of Justice requesting verification of humanitarian reasons for the application to adopt a specific child - Appendix I.4;

đ. Letter from the People's Committee at the provincial level responding to the Ministry of Justice regarding the introduction of children for adoption - Appendix I.5;

e. Notification document from the Department of Justice sent to the applicant for adoption regarding the introduction of children for adoption (for non-specific applications) - Appendix I.6;

g. Notification document from the Department of Justice sent to the applicant for adoption regarding approval for a child to be adopted (for specific applications) - Appendix I.7;

h. Approval document for a child to be adopted - Appendix I.8;

i. Adoption application form (for non-specific applications) - Appendix II.1;

k. Adoption application form (for specific applications)

- Appendix II.2;

l. Sample application form for obtaining an Operating Permit for an Adoption Organization - Appendix III.

2. The archiving of adoption records (including the records of the applicant for adoption and the records of the adopted child) shall be carried out at the Ministry of Justice and the Department of Justice in accordance with current regulations on archiving.

V. IMPLEMENTATION PROVISIONS

1. The request by a French citizen residing outside France to adopt a Vietnamese child does not fall within the scope of the Agreement and Regulations; the procedures and formalities for resolving adoption applications in this case shall be implemented according to the general provisions of the law on inter-country adoption between Vietnamese citizens and foreigners.

2. This Circular takes effect from April 1, 2001.

During implementation, if any issues arise, the People's Committee at the provincial level and the Department of Justice shall send letters to the Ministry of Justice for guidance.