Circular No. 11/2021/TT-BTP amends and supplements certain provisions 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.

CIRCULAR

Amending and supplementing some articles of Circular No. Decision No. 21/2011/TT-BTP dated November 21, 2011 of the Minister of Justice on the management of foreign adoption offices in Vietnam

Decision No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain provisions of the Adoption Law; Decree No. 24/2019/NĐ-CP dated March 5, 2019 of the Government amending and supplementing some articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain provisions of the Adoption Law;

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BASED ON Decree No. 19/2011/NĐ-CP dated March 21, 2011, of the Government detailing the implementation of certain provisions of the Adoption Law; BASED ON Decree No. 24/2019/NĐ-CP dated March 5, 2019, of the Government amending and supplementing certain provisions of Decree No. 19/2011/NĐ-CP dated March 21, 2011, of the Government detailing the implementation of certain provisions of the Adoption Law;

Pursuant to Decree No.The Minister of Justice issues this Circular to amend and supplement some articles of Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Minister of Justice on the management of foreign adoption offices in Vietnam.

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Minister of Justice issues this Circular on issuing and guiding the recording, use, management, and storage of Registers, forms, and files for adoption

Article 1. Amending and supplementing some articles of Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Minister of Justice on the management of foreign adoption offices in Vietnam

1. Amending and supplementing Points d and đ, adding Point m of Clause 1 and adding Clause 3 of Article 6 as follows:

"d) Sending photographs and reports about children, detailed and complete health information of children resolved for foreign adoption to the adoptive parent or competent authority of the foreign country, after receiving approval from the Adoption Department;"

"đ) Supporting additional or specialized health examinations, medical treatment, and care for children resolved for foreign adoption at the request of the adoptive parent; supporting psychological preparation, language, and other necessary conditions for children resolved for foreign adoption;"

"m) Requesting certification of adoption according to Article 38 of the Adoption Law."

"3. In cases where a foreign adoption organization has its license revoked in Vietnam according to Clause 3 of Article 43 of the Adoption Law, the Adoption Department will exchange with the competent authority of the foreign country regarding measures to support the completion of resolution for pending cases that have been transferred to the Department of Justice."

2. Amend and supplement Clause 2 of Article 9 as follows:

"2. Based on the report of the adoptive parents, the foreign adoption office shall be responsible for sending the Adoption Department a report on the development situation of Vietnamese children adopted abroad according to Point g of Clause 2 of Article 43 of the Adoption Law."

3. Amending and supplementing Clause 1 and adding Clause 3 of Article 10 as follows:

"1. The foreign adoption office shall be responsible for sending the Adoption Department semi-annual and annual reports on the operation situation according to the template Report on the Operation Situation of Foreign Adoption Organizations in Vietnam issued together with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the Minister of Justice guiding the recording, use, management, and storage of ledgers, forms, and adoption files."

"3. The foreign adoption office shall send the report in paper form or electronic format in PDF according to the provisions of Clause 1 of this Article."

4. Add Article 10a after Article 10 as follows:

"Article 10a. Establishment, management, use, and preservation of ledgers and forms

1. The foreign adoption office in Vietnam has the responsibility to establish, manage, and use various types of books and forms.

2. The head of the foreign adoption office in Vietnam shall be responsible for using and managing various types of ledgers and forms; preserving materials generated during operations; annually compiling statistics and creating archival records; implementing technical measures to ensure safe preservation and proper use of archival materials."

5. Adding Point g of Clause 1 of Article 12 as follows:

"g) The performance of obligations to establish, manage, and use various types of ledgers and forms."

Article 2. Replacing and abolishing certain phrases, points, and 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

1. Replace the phrase "introduced" at Point e and the phrase "has been introduced as adopted child" at Point i Clause 1 Article 6 with the phrase "resolved to be adopted abroad."

2. Replace the period "." at the end of the sentence at Point l Clause 1 Article 6 and Point e Clause 1 Article 12 with a semicolon ";".

3. Remove the phrase "The reporting deadline is calculated as follows:" at Clause 1 Article 9.

4. Abolish Points a and b Clause 1 Article 9.

5. Remove the phrase "sent for consolidation" at Clause 3 Article 9.

6. Abolish Article 7.

Article 3. Implementation Provisions

This Circular takes effect from February 11, 2022.