Pursuant to …;

Issuing the Regulation on the Management of Foreign Adoption Offices in Vietnam

______________________

THE MINISTER OF JUSTICE

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements;

Pursuant to Decree No. 69/2006/NĐ-CP dated July 21, 2006 of the Government amending and supplementing certain articles of Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements;

Considering the proposal of the Director of the International Adoption Department, Ministry of Justice.

DECISION:

Article 1. This Decision promulgates the Regulation on the Management of Foreign Adoption Offices in Vietnam.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3The Director of the International Adoption Department, the Inspector General, Heads of units under the Ministry of Justice, and relevant individuals and organizations are responsible for implementing this Decision./.

REGULATION
Management of foreign adoption offices in Vietnam

___________________
 

(Issued together with Decision No.: 09/2006/QĐ-BTP

dated November 30, 2006 of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Regulation shall be applied to examine the issuance, extension, modification, and revocation of the License for establishing a foreign adoption office in Vietnam (hereinafter referred to as a foreign adoption office); management, inspection, supervision, and handling of violations concerning the conditions, content, scope of operation, premises, and personnel organization of foreign adoption offices.

Article 2. Principles of Operation of Foreign Adoption Offices

1. All activities conducted in Vietnam by foreign adoption offices must comply with Vietnamese law, Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements (hereinafter referred to as Decree No. 68/2002/NĐ-CP), Decree No. 69/2006/NĐ-CP dated July 21, 2006 amending and supplementing certain articles of Decree No. 68/2002/NĐ-CP, the Agreement on Cooperation in Adoption between Vietnam and relevant foreign countries, and the provisions of this Regulation.

2. Foreign adoption offices may only operate on a humanitarian, non-profit basis to assist in the adoption of Vietnamese children based on the License for establishing a foreign adoption office in Vietnam issued by the Minister of Justice.

3. Foreign adoption organizations must bear responsibility under Vietnamese law for all activities conducted in Vietnam by foreign adoption offices.

Article 3. Strictly Prohibited Commercial Activities, Exploitation, Brokering, and Illegal Competition in the Field of Adoption

Foreign adoption offices are strictly prohibited from engaging in the following activities:

a) Engaging in commercial brokerage services for adoption;

b) Exploiting assistance in adoption for the purpose of child trafficking, labor exploitation, sexual abuse of children, or other forms of profit-making;

c) Directly introducing children for illegal adoption by foreigners;

d) Illegally competing with other foreign adoption offices in Vietnam in humanitarian assistance and technical support aimed at brokering and introducing children for adoption.

Article 4. Publicizing Administrative Procedures

1. To ensure humanitarian principles in the field of adoption and to facilitate the operation of foreign adoption organizations in Vietnam, according to the provisions of Decree No. 68/2002/NĐ-CP, no fees or charges shall be collected when processing procedures for issuing, extending, changing, or terminating the License to establish offices of foreign adoption organizations in Vietnam as stipulated in this Regulation.

2. The International Adoption Bureau is responsible for publicly announcing the procedures for issuing, extending, changing, and terminating the License to establish offices of foreign adoption organizations in Vietnam as stipulated in this Regulation to foreign adoption organizations; and publicizing regulations on fees and charges for handling international adoption cases.

3. Authorities with jurisdiction over the inspection of foreign adoption organizations' activities in Vietnam, as stipulated in this Regulation, are responsible for publicly informing foreign adoption organization offices in advance about the time, content, and method of inspection.

Article 5. Inspection and Audit of Foreign Adoption Organization Offices

Foreign adoption organization offices are subject to inspection and audit by Vietnamese state agencies with authority as stipulated in this Regulation regarding operational principles, operational conditions, operational content, operational areas, financial systems, office premises, and personnel organization of the offices in Vietnam.

Article 6. Handling Violations by Foreign Adoption Organization Offices

Any violations of this Regulation and related laws by foreign adoption organization offices must be promptly detected and strictly handled in accordance with the law.

Chapter II

PROCEDURES FOR ISSUING, EXTENDING, CHANGING LICENSES AND TERMINATING OPERATIONS OF FOREIGN ADOPTION ORGANIZATION OFFICES

Article 7. Conditions for Establishing Foreign Adoption Organization Offices

1. Foreign adoption organizations that meet all of the following conditions may establish foreign adoption organization offices in Vietnam:

a) Established under the laws of a country where both that country and Vietnam are parties to bilateral or multilateral international treaties on adoption cooperation;

b) Possess a license for operating in the adoption field issued by the competent authority of the country where the organization was established, allowing it to operate in the adoption field in Vietnam;

c) Have a program, plan, or project for humanitarian and technical assistance aimed at supporting the application to adopt Vietnamese children;

d) Have a location for the office's headquarters in Vietnam to ensure its operations; the location must comply with local requirements for maintaining public order, fire prevention, and environmental sanitation;

đ) The person intended to head the foreign adoption organization office in Vietnam must meet the conditions stipulated in Article 8 of this Regulation.

2. Based on the current management situation, the demand for establishing foreign adoption organization offices, and the practical experience of localities, the International Adoption Bureau will consider and submit to the Minister of Justice for a decision on the number of foreign adoption organizations allowed to operate in Vietnam.

Article 8. Conditions for the Head of Foreign Adoption Organization Offices

1. The head of a foreign adoption organization office must meet all of the following conditions:

a) Be a Vietnamese citizen or a foreign citizen; if a Vietnamese citizen, they must not be classified as a civil servant under the law;

b) Have full capacity for civil acts under Vietnamese law;

c) Have good moral character and conduct;

d) Be passionate about humanitarian work in the adoption field;

đ) Have no criminal record and not be prohibited from entering or leaving Vietnam under the law;

e) Be approved by the foreign adoption organization to serve as the head of the foreign adoption organization office in Vietnam.

2. One person can only head one foreign adoption organization office in Vietnam.

Article 9. Documents for Applying to Establish an Overseas Adoption Office

1. The documents of an overseas adoption organization applying to establish an overseas adoption office in Vietnam shall include the following papers:

a) An application form for establishing an overseas adoption office in Vietnam (according to the prescribed model) signed by the head of the overseas adoption organization;

b) A certified copy of the license for operating in the field of adoption issued by the competent authority of the country where the overseas adoption organization was established, clearly stating that the organization is permitted to operate in the field of adoption in Vietnam.

In cases where the license does not indicate that the overseas adoption organization is allowed to operate in Vietnam but clearly states that the organization is permitted to operate in the international adoption field, such a license will also be accepted.

In cases where the license does not indicate that the overseas adoption organization is allowed to operate in the international adoption field, there must be a document from the authority issuing the license confirming that the organization is permitted to operate in the international adoption field, including in Vietnam, or that the organization's operation in the adoption field in Vietnam poses no obstacles.

c) A certified copy of the Charter or Operating Regulations of the overseas adoption organization or the founding document of the organization;

d) A report on the organization's activities in the adoption field over the two most recent years, detailing financial income and expenditure related to adoption activities. This report must be confirmed by the competent authority of the country where the overseas adoption organization was established as being truthful and valid.

If the organization has implemented or is implementing humanitarian programs, plans, or projects supporting Vietnam for at least two consecutive years, it must submit a report on these activities; the report must be confirmed by the Vietnamese authority receiving the project or where the organization operates.

In cases where the overseas adoption organization is newly established and has not had time to operate, it is not required to submit the report mentioned herein;

đ) A draft program, plan, or project of humanitarian and charitable activities of the overseas adoption organization in the province or centrally administered city where the organization intends to operate, aimed at supporting the adoption of Vietnamese children. The organization needs to contact the International Adoption Department, Ministry of Justice to be introduced to the province or city to understand local needs and agree on the organization's humanitarian support program, plan, or project for the locality;

e) Proof of the intended location for the overseas adoption office headquarters in a province or centrally administered city of Vietnam (such as a lease agreement, rental agreement, letter of consent to rent office space, etc.), clearly showing the commitment of the landlord to allow the overseas adoption organization to rent premises as an overseas adoption office in Vietnam;

g) Personal history (according to the prescribed model) of the person expected to head the overseas adoption office;

h) A criminal record certificate of the person expected to head the overseas adoption office issued by the competent authority of the country of which the person is a citizen. If the person is a Vietnamese citizen residing in Vietnam or a foreigner who has resided in Vietnam for six months or more, the criminal record certificate shall be issued by the Department of Justice where the person resides.

2. The documents specified in points b, c, and h of Clause 1 of this Article issued by a foreign competent authority must be legalized at the Diplomatic Mission or Consular Office of Vietnam abroad. All documents in a foreign language must be translated into Vietnamese and certified.

In cases where a bilateral agreement on cooperation in adoption between Vietnam and a relevant foreign country stipulates the exemption of consular legalization for each other's documents and materials, the documents issued by a foreign competent authority specified in points b, c, and h of Clause 1 of this Article will be exempted from consular legalization.

3. All documents specified in this Article must be prepared in two sets and submitted to the International Adoption Department, Ministry of Justice.

Upon receipt of the documents, the International Adoption Department must carefully examine and check to ensure that the documents are complete and valid, and issue a receipt to the submitting organization. The processing period starts from the date of issuance of the receipt.

Article 10. Procedure for Issuing a Permit to Establish an Overseas Adoption Office

1. Within thirty days from the date of receiving complete and valid documents as stipulated in Article 9 of this Regulation, the International Adoption Department shall examine, inspect, and assess all documents. If it determines that the overseas adoption organization meets the conditions set forth in Article 7 and the person expected to head the overseas adoption office meets the conditions set forth in Article 8 of this Regulation, the International Adoption Department shall submit to the leadership of the Ministry of Justice for their opinion on the Ministry of Public Security and the People's Committee of the province/city directly under the Central Government (hereinafter referred to as the Provincial People's Committee) where the organization plans to establish the office and where the organization plans to conduct activities in Vietnam.

2. Within fifteen days from the date of receiving the reply documents from the Ministry of Public Security and the Provincial People's Committee, the International Adoption Department shall study, review, and submit to the Minister of Justice for decision (accompanied by all documents).

3. If it determines that the overseas adoption organization meets the conditions stipulated in this Regulation, Decree No. 68/2002/ND-CP, and the Agreement on Cooperation in Adoption between Vietnam and relevant foreign countries, the Minister of Justice shall decide to issue a permit for the establishment of an overseas adoption office in Vietnam for that overseas adoption organization. The International Adoption Department shall issue a notification letter, accompanied by a copy of the permit, sent to the Department of Justice of the province/city where the office of the overseas adoption organization is located and where the overseas adoption organization is permitted to operate (hereinafter referred to as the relevant Departments of Justice) for coordinated management.

In case the Minister of Justice refuses to issue a permit for the establishment of an overseas adoption office, the International Adoption Department shall immediately notify in writing the overseas adoption organization that submitted the application and the relevant Departments of Justice, specifying the reasons for refusal.

4. Based on the permit issued by the competent authority of the foreign country and the operational capacity of the overseas adoption organization in Vietnam, the Minister of Justice shall issue a permit for the establishment of an overseas adoption office in Vietnam with a term of one to five years and may extend it, each extension being for one to five years.

In case the permit issued by the Ministry of Justice still has validity according to Vietnamese law, but the permit issued by the competent authority of the relevant foreign country has expired, the overseas adoption office must apply for an extension according to the laws of the foreign country before continuing operations in Vietnam; if the relevant foreign country refuses to extend, the overseas adoption office must cease operations in Vietnam in accordance with point a, Clause 1, Article 14 of this Regulation.

Article 11. Procedure for Extending the Operation of an Overseas Adoption Office

1. An overseas adoption office may be extended its operation in Vietnam if it meets the conditions and possesses the following documents:

a) Strictly adhering to this Regulation and other related provisions of Vietnamese law throughout the period of operation in Vietnam; not being penalized by any competent authority of Vietnam or the foreign country due to violations of law during the process of conducting adoption activities;

b) The permit issued by the competent authority of the relevant foreign country still having validity for operation in Vietnam;

c) At least three months before the expiration of the permit for establishing an overseas adoption office in Vietnam, the overseas adoption organization shall submit an application to the International Adoption Department (accompanied by the original permit for establishing an overseas adoption office in Vietnam), requesting an extension of the operation of the office in Vietnam; the application must be signed by the head of the overseas adoption organization;

d) Submitting along with the extension application a report on the situation of operations in Vietnam since obtaining the permit for establishing an overseas adoption office in Vietnam, including the opinions proposed by the Department of Justice where the office is located and where the office is permitted to operate.

2. Within thirty days from the date of receiving complete and valid documents, the International Adoption Department shall proceed to examine and inspect the documents and submit to the leadership of the Ministry of Justice for consultation with the Provincial People's Committee where the overseas adoption office is located and within the area of its operations.

After receiving the reply documents from the Provincial People's Committee, the International Adoption Department shall submit to the Minister of Justice for consideration and decision on granting or refusing the extension of the operation of the overseas adoption office in Vietnam.

3. The Minister of Justice shall grant the extension of the operation of the overseas adoption office. The International Adoption Department shall issue a notification letter, accompanied by a copy of the extended permit, sent to the relevant Departments of Justice for coordinated management.

In case the Minister of Justice refuses the extension, the International Adoption Department shall notify in writing the overseas adoption organization that submitted the application, specifying the reasons for refusal, and simultaneously notify the relevant Departments of Justice.

Article 12. Procedures for Noting Changes in Name, Headquarters Location, and Head of Foreign Adoption Organizations

1. In cases where foreign adoption organizations have the following changes, the foreign adoption office must submit an application to the International Adoption Department (accompanied by the original Permit for Establishing a Foreign Adoption Office in Vietnam) to note such changes:

a) Change in the name of the foreign adoption organization;

b) Change in the location of the main headquarters of the foreign adoption organization in the country where it was established;

c) Change in the head of the foreign adoption organization.

2. Within seven days from the date of receipt of the application requesting to note the change as stipulated in Clause 1 of this Article, the International Adoption Department will review and submit to the Minister of Justice for permission to directly record the change in the Permit and affix a confirmation stamp. The International Adoption Department will issue a notification letter, accompanied by a copy of the Permit with the noted change, to relevant Provincial Departments of Justice for coordinated management.

3. In cases where there is a desire to change the location of the foreign adoption office in Vietnam but still within the province or centrally governed city specified in the Permit, the head of the foreign adoption office must submit an application to the International Adoption Department, clearly stating the reasons for the change and the specific address of the proposed new office location.

The International Adoption Department will issue a letter requesting the Provincial Department of Justice to coordinate with related local departments to inspect the proposed new office location.

After receiving comments from the Provincial Department of Justice, the International Adoption Department will review and submit to the Minister of Justice for decision. If the Minister of Justice grants permission, the change will be directly recorded in the Permit and confirmed with a stamp. The International Adoption Department will issue a notification letter, accompanied by a copy of the Permit with the noted change, to relevant Provincial Departments of Justice for coordinated management.

Article 13. Procedures for Changing the Head, Content, Scope of Operation, and Location of the Headquarters of Foreign Adoption Offices

1. In cases where foreign adoption offices wish to make the following changes, the relevant foreign adoption organization must submit an application to the International Adoption Department (accompanied by the original Permit for Establishing a Foreign Adoption Office in Vietnam), which must be signed by the head of the foreign adoption organization and clearly state the content and reasons for the request:

a) Change in the head of the foreign adoption office in Vietnam;

b) Change in the content of activities already recorded in the Permit;

c) Expansion or limitation of the scope of operation in Vietnam (compared to the scope recorded in the Permit);

d) Transfer of the location of the foreign adoption office to another province or centrally governed city in Vietnam.

For changes in the head of the foreign adoption office in Vietnam, the application must be accompanied by a Personal Record (according to the prescribed form) and a Criminal Record Certificate of the person proposed to replace, as stipulated in Points g and h of Clause 1 of Article 9 of this Regulation.

2. Within seven days from the date of receipt of complete valid documents, the International Adoption Department will review and submit to the leadership of the Ministry of Justice to seek the opinion of the Ministry of Public Security regarding the change as stipulated in Point a and of the People's Committee of the relevant province regarding the changes as stipulated in Points c and d of Clause 1 of this Article.

Upon receiving replies from the Ministry of Public Security and the People's Committee of the relevant province, if it is found that the change is in accordance with the provisions of the law, the Minister of Justice will grant permission to directly record the change in the Permit and affix a confirmation stamp. The International Adoption Department will issue a notification letter, accompanied by a copy of the Permit with the approved change, to relevant Provincial Departments of Justice for coordinated management.

In cases where the Minister of Justice refuses permission for the change, the International Adoption Department will notify the foreign adoption organization that submitted the application in writing, clearly stating the reasons for refusal, and simultaneously inform relevant Provincial Departments of Justice.

Article 14. Termination of Activities of Overseas Adoption Offices

1. The overseas adoption office shall automatically terminate its activities in Vietnam in the following cases:

a) The term specified in the permit issued by the competent authority of the foreign country for the relevant foreign adoption organization has expired without renewal;

b) The term specified in the Permit issued by the Ministry of Justice of Vietnam has expired and the relevant foreign adoption organization does not request renewal.

2. The overseas adoption office shall be compelled to terminate its activities in Vietnam in the following cases:

a) The foreign adoption organization requests the termination of the overseas adoption office's activities before the term specified in the permit issued by the competent authority of the foreign country or in the Permit issued by the Ministry of Justice of Vietnam;

b) The term specified in the Permit issued by the Ministry of Justice of Vietnam has expired, although the foreign adoption organization requests renewal, but it is not granted by the Minister of Justice;

c) The foreign adoption organization ceases operations in the country where it was established;

d) The Permit to establish an overseas adoption office in Vietnam is revoked according to the decision of the Minister of Justice.

3. In case the overseas adoption office automatically terminates its activities as provided for in Clause 1 of this Article, then at least thirty days before the termination of activities, the foreign adoption organization must notify the International Adoption Bureau in writing.

In case the overseas adoption office is compelled to terminate its activities as provided for in Clause 2 of this Article, then the International Adoption Bureau will notify the overseas adoption office in writing.

4. Prior to terminating activities as provided for in Clauses 1 and 2 of this Article, the foreign adoption organization and the overseas adoption office in Vietnam have the responsibility to settle all debts (if any) with relevant authorities, organizations, and individuals in Vietnam and submit a written report to the International Adoption Bureau and related Departments of Justice.

5. For adoption applications for Vietnamese children submitted fully and properly by the overseas adoption office to the International Adoption Bureau before the office terminates its activities and are still in process and unresolved, the processing of these adoption applications shall continue until completion.

6. The International Adoption Bureau shall send a letter to the relevant Departments of Justice notifying about the termination of activities of the overseas adoption office as stipulated in this Article.

Chapter III

RIGHTS AND OBLIGATIONS OF THE ADOPTION OFFICE

FOREIGN ADOPTION OFFICE

Article 15. Supporting the Resolution of Vietnamese Children Being Adopted by Foreigners

The foreign adoption office may carry out the following activities to support the resolution of Vietnamese children being adopted:

1. Before initiating adoption procedures:

a) Advising and providing information to prospective adoptive parents on Vietnam's economic and social conditions, family circumstances, social environment, needs, and preferences of Vietnamese children;

b) Assisting and helping with the translation and certification to complete the adoption application documents in accordance with Vietnamese law;

c) Submitting the adoption application and fees on behalf of the prospective adoptive parents to the International Adoption Bureau.

2. During the process of introducing children for adoption:

a) Sending photographs and information about the child to the prospective adoptive parents after obtaining approval from the competent Vietnamese authorities to introduce the child for adoption;

b) Notifying the International Adoption Bureau and related local authorities about the prospective adoptive parent's opinion on the introduced child.

3. Performing tasks authorized by the prospective adoptive parents:

a) Paying the fee and submitting the Periodic Report on the Development Status of the Adopted Child to the Department of Justice;

b) Taking the introduced child for supplementary health examinations after obtaining consent from the head of the childcare facility;

4. Supporting the completion of adoption procedures:

a) Assisting the prospective adoptive parents when they come to Vietnam to complete the adoption procedures;

b) Coordinating with the childcare facility to organize meetings between the prospective adoptive parents and the introduced child;

c) Supporting the organization of the Handover Ceremony and witnessing the Handover Ceremony after obtaining approval from the Department of Justice;

d) Assisting the prospective adoptive parents in completing passport, visa, and other exit and entry procedures for the child to leave Vietnam and settle abroad.

Article 16. Humanitarian Support and Technical Assistance for Child Care Institutions

The Overseas Adoption Office shall carry out the following activities to provide humanitarian support for child care institutions under the program, project plans, and commitments made:

1. Constructing, repairing, renovating, and upgrading facilities for child care institutions.

2. Providing financial support, medicines, food, clothing, medical equipment, toys, and other necessary items for children.

3. Organizing regular health check-ups, preventive measures, and treatment for children.

4. Supporting remote child care services, rehabilitation for disabled children, and vocational training classes for children who cannot be adopted domestically or internationally.

5. Training and capacity building to enhance skills in caring for newborns, managing child care institutions, and improving care for disabled children for staff members of child care institutions; organizing seminars, conferences, and workshops to improve the capabilities of staff members of child care institutions.

6. Providing humanitarian assistance to children requiring special care in the community through appropriate forms.

7. Other forms of humanitarian support and technical assistance as agreed upon with child care institutions.

Article 17. Rights to Rent Premises and Hire Staff for the Overseas Adoption Office

1. The Overseas Adoption Office has the right to rent premises to serve its activities in Vietnam. The premises must display the name of the Overseas Adoption Office in Vietnam, comply with local requirements for public order and safety, fire prevention, and environmental sanitation.

2. The Overseas Adoption Office may hire Vietnamese citizens or foreigners based on labor contracts in accordance with Vietnamese law.

Article 18. Obligations of the Overseas Adoption Office

The Overseas Adoption Office has the following obligations:

1. To comply with this Regulation and other relevant laws when conducting activities in Vietnam; respecting Vietnamese customs and traditions.

2. To only conduct activities within the scope and geographical area specified in the License.

3. To urge adoptive parents to strictly fulfill their commitment to submit reports every six months (for the first three years) and annually about the development of adopted children until they reach eighteen years of age, regardless of their citizenship status; to submit these reports on behalf of adoptive parents to the International Adoption Bureau and the Department of Justice where adoption was approved.

4. To provide information about specific adopted children as requested by the International Adoption Bureau or the Department of Justice where adoption was approved; to keep confidential information about applicants for adoption, adopted children, except when required to disclose such information by the International Adoption Bureau, the Department of Justice, or other competent authorities of Vietnam.

5. To be subject to management, inspection, audit, and supervision by competent state agencies of Vietnam and foreign agencies or organizations concerned.

6. To strictly adhere to periodic and ad hoc reporting requirements as stipulated in Article 19 of this Regulation.

Article 19. Obligation to Report and Provide Information

1. The foreign adoption office shall have the obligation to submit periodic reports every six months and annually to the International Adoption Department and the Provincial Justice Office where its headquarters are located and where it is permitted to operate, including the following contents:

a) The situation regarding support for resolving adoption cases in accordance with Article 15 of this Regulation, particularly the number of children who have been resolved as foreign adoptees and have left Vietnam to settle in receiving countries;

b) The implementation of projects, programs, and plans to provide humanitarian assistance as committed to child care institutions in accordance with Article 16 of this Regulation;

c) Providing a list and information about individuals working at the office based on labor contracts;

d) Other issues related to the activities and organizational personnel of the office in Vietnam.

2. The six-month periodic report must be submitted before June 15th of that year; the annual periodic report must be submitted before November 30th of that year.

3. The foreign adoption office has the obligation to submit ad hoc reports on issues related to the operation, headquarters, and organizational personnel of the office upon request of the International Adoption Department or the Provincial Justice Office.

Chapter IV

INSPECTION AND AUDIT OF FOREIGN ADOPTION OFFICE ACTIVITIES

Article 20. Inspection Authority

1. The International Adoption Department shall implement management and inspection over all offices of foreign adoption organizations permitted to operate in Vietnam nationwide; submitting periodic reports every six months and annually to the Minister of Justice on the operational status of foreign adoption offices.

2. The Provincial Justice Office shall take the lead and coordinate with local agencies to assist the provincial People's Committee in managing and inspecting foreign adoption offices permitted to operate and headquartered within their province; submitting periodic reports every six months and annually to the provincial People's Committee on the operational status of foreign adoption offices; sending copies of these reports to the International Adoption Department.

3. In necessary cases and upon request from relevant agencies, departments, the Ministry of Justice, or the provincial People's Committee, a multi-disciplinary team shall be established to inspect foreign adoption offices in Vietnam.

Article 21. Content of Inspection

1. The inspection of activities of foreign adoption offices includes:

a) Compliance with the principles of humanitarian and non-profit operations of the foreign adoption office;

b) Meeting the conditions for operating the foreign adoption office;

c) Adherence to the contents of activities according to the permit to establish a foreign adoption office;

d) Conducting activities within the scope of the province or centrally-administered city as stipulated in the permit to establish a foreign adoption office;

đ) Compliance with regulations, guidelines, and directives related to professional activities of the foreign adoption office;

e) Use of forms, documents, and reports on the operational status of the foreign adoption office issued by the Ministry of Justice, the International Adoption Department, or other competent state authorities;

g) Other related activities.

2. Inspection of the headquarters and organizational personnel of the foreign adoption office includes:

a) Compliance with regulations on conditions and standards for establishing headquarters;

b) Adherence to the conditions for the head of the office;

c) Recruitment of labor by the office based on labor contracts with Vietnamese citizens or foreigners;

d) Other issues related to the organizational personnel of the office.

Article 22. Inspection Procedures and Formalities

1. The inspection of the foreign adoption office shall be conducted in the form of:

a) Annual periodic inspections.

b) Spot inspection.

2. In the case of annual periodic inspections, the inspection authority shall publicly notify the foreign adoption office at least five days in advance about the time, composition, content, and plan of the inspection; in the case of ad hoc inspections, notification shall be made at least one day in advance.

3. When conducting inspections, a record of the results of the inspection contents must be established; the record must include signatures of all participants and representatives of the foreign adoption office. If the inspection results indicate violations by the foreign adoption office, recommendations and proposals for handling measures and solutions must be made, along with clear conclusions.

4. Within thirty days after the completion of the inspection, the inspection authority must issue a written notice to the foreign adoption office regarding the inspection team's conclusion.

Article 23. Inspection of Activities of Overseas Adoption Offices

1. The Ministry of Justice's Inspectorate shall conduct inspections on all overseas adoption offices throughout the country; the Inspectorate of the Department of Justice shall conduct inspections on overseas adoption offices permitted to operate within their province.

The procedures and formalities for inspecting the activities of overseas adoption offices shall be carried out in accordance with the laws on inspection.

2. The heads and staff of overseas adoption offices have the responsibility to facilitate the inspections conducted by the Ministry's Inspectorate and the Department's Inspectorate regarding the activities of their office.

3. Any acts that obstruct or oppose the inspection of overseas adoption offices are strictly prohibited.

Chapter V

SETTLEMENT OF COMPLAINTS AND REPORTS, REWARD AND DISCIPLINARY ACTION

AND HANDLING VIOLATIONS

Article 24. Settlement of Complaints and Reports

1. The heads and staff of overseas adoption offices have the right to file complaints and reports about violations of the law by civil servants in central and local state agencies that infringe upon their legitimate rights and interests or hinder the operations of overseas adoption offices in accordance with the law.

Individuals, agencies, and organizations have the right to discover and report violations of the law by the heads and staff of overseas adoption offices.

2. The settlement of complaints and reports stipulated in Clause 1 of this Article shall be carried out in accordance with the laws on the settlement of complaints and reports.

Article 25. Reward and Disciplinary Action

1. Overseas adoption offices that strictly comply with this Regulation and other relevant laws, and achieve outstanding results in humanitarian support, assistance to Vietnamese children, and actively assist in resolving adoptions of children in accordance with the law, shall be rewarded.

2. Overseas adoption offices that violate this Regulation and related laws in the field of international adoption, depending on the nature and severity of the violation, may be subject to warnings, fines, or revocation of the License to establish an overseas adoption office in Vietnam according to the procedures and formalities prescribed in Decree No. 76/2006/NĐ-CP dated August 2, 2006 of the Government on administrative penalties in the field of justice.

For the heads and staff of overseas adoption offices who commit violations, depending on the nature and severity of the violation, they may be subject to warnings, fines, or criminal liability in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Regulation shall apply to the management, supervision, and inspection of all overseas adoption offices in Vietnam, regardless of whether they were established before or after the effective date of this Regulation.

2. Licenses issued by the Minister of Justice to foreign adoption organizations prior to the effective date of this Regulation shall continue to be valid according to the term specified in those Licenses./.