Circular No. 12/2011/TT-BTP on the issuance and guidance for recording, storing, and using adoption forms

CIRCULAR

Regarding the issuance and guidance on recording, storing,

using adoption forms

________________

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. 19/2011/NĐ-CP dated March 21, 2011, promulgated by the Government detailing the implementation of certain provisions of the Adoption Law;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Ministry of Justice issues and guides the recording, storing, and use of adoption forms and registers as follows:

Article 1. Scope of Regulation

This Circular stipulates the issuance of various types of adoption forms and the Adoption Registration Book; the users, authority to print and distribute, methods of recording adoption forms and the Adoption Registration Book; the method of sealing the Adoption Registration Book and storing it.

Article 2. Users of adoption forms and the Adoption Registration Book

1. Vietnamese citizens, foreigners who have requests for matters related to adoption;

2. People's Committees of communes, wards, towns (hereinafter referred to as People's Committee at the commune level);

3. People's Committees of provinces, centrally governed cities (hereinafter referred to as People's Committee at the provincial level);

4. Departments of Justice;

5. Ministry of Justice;

6. Vietnamese representative offices abroad;

7. Foreign adoption organizations applying for issuance, extension, or modification of licenses to operate in Vietnam;

8. Other individuals or organizations related according to the Law on Adoption.

Article 3. Issuance of Forms and Adoption Registration Registers

1. Issuing twenty-six types of forms and one type of Adoption Registration Book with symbols as specified in the list below:

2. The forms prescribed in Clause 1 of this Article are designed for printing or photocopying on A4 size paper.

The use of forms must comply with the specifications, contents, and formats prescribed in this Circular; any alteration of these specifications, contents, and formats is strictly prohibited.

Article 4. Authority to print and issue forms and Adoption Registration Books

1. The Department of Justice prints and distributes one (01) type of book and one (01) type of form from number 01 to number 02 in Section I as specified in Article 3 of this Circular. The Adoption Registration Book is printed in bound volumes of two types: 100 pages and 200 pages.

2. The Ministry of Justice prints and distributes two (02) types of forms from number 03 to number 04 in Section II as specified in Article 3 of this Circular.

3. Three (03) types of forms from number 02 to number 04 as specified in Article 3 of this Circular are printed in color with decorative patterns.

4. The Adoption Administration collaborates with the Information Technology Administration to publish on the Ministry of Justice's website twenty-three types of forms from number 05 to number 26 in Section III as specified in Article 3 of this Circular.

Agencies, organizations, and individuals requiring the use of forms from number 05 to number 26 in Section III as specified in Article 3 of this Circular can access the Ministry of Justice's website (www.moj.gov.vn) to print and use them free of charge. 3. Amend Clause 3 Article 2 as follows:For regions without internet access, the Department of Justice will organize the free printing and distribution of these forms to meet local needs.

Article 5. Guidance on the use of some adoption forms

1. The Certificate of Adoption form, original marked TP/CN-2011/CN.01 and copy marked TP/CN-2011/CN.01.a, is used for adoption registration at the People's Committee at the commune level and Vietnamese representative offices abroad.

2. The Minutes of Opinions on the Adoption of Children form, marked TP/CN-2011/CN.07.a, and the Minutes of Opinions of the Director of the Care Facility on the Adoption of Children form (used in cases where abandoned children are living in care facilities), marked TP/CN-2011/CN.07.b, are used for obtaining opinions from relevant parties regarding domestic and international adoptions as stipulated in Articles 20 and 21 of the Adoption Law.

Article 6. Recording Method Certificate of Adoption

1. The full name of the adoptive father/mother and adopted child must be written in capital letters with all diacritical marks.

2. The section "Place of registration for adoption" shall clearly record the name of the People's Committee of commune/district/city directly under the central government for domestic adoption registrations, or the name of the Vietnamese representative office abroad if the adoption registration is made at a Vietnamese representative office abroad; the section "Date of registration" must accurately record the time of the adoption registration.

In the case of re-registering adoption according to Article 29 of Decree No. 19/2011/NĐ-CP dated March 21, 2011, issued by the Government detailing certain provisions of the Law on Adoption (hereinafter referred to as Decree No. 19/2011/NĐ-CP), it shall record the name of the re-registration authority and the date, month, year of re-registering the adoption..

3. The section "Notes" shall be recorded as follows:

a. For cases of re-registering adoption according to Article 29 of Decree No. 19/2011/NĐ-CP, it shall record "Re-registered".

b. For cases of registering actual adoption according to Article 25 of Decree No. 19/2011/NĐ-CP, it shall record "Actual adoption recognized from day... month... year..." which is the date when the actual adoption relationship between the parties arises.

c) For cases of domestic adoption where the biological parents have agreed in writing with the adoptive parents regarding retaining certain rights and obligations towards the child after giving the child up for adoption, it shall record "Biological parents and adoptive parents have agreed according to Clause 4, Article 24 of the Law on Adoption".

Article 7. Method of Recording the Adoption Registration Book

1. When registering adoption, the judicial civil servant at the People's Committee of the commune, the registrar of the Department of Justice, or the consular officer (hereinafter collectively referred to as the person responsible) must personally record in the Adoption Registration Book and the adoption form; the content recorded must be accurate; handwriting must be clear, complete, without abbreviations, erasures; written in good quality black ink. In places where information technology has been applied in household registration, the content that needs to be recorded in the adoption forms can be printed through a computer.

2. The Adoption Registration Book must be recorded continuously page by page, without leaving blank pages, and must be stamped across the edges from the first page to the last page of the Book.

3. When starting a new book according to this Circular,the registration number must be recorded in chronological order, starting from number 01 to the end of December 31 of that year; in cases where the year has not ended but the book is exhausted, another book must be used and the next number of the previous book must be taken (see Example 1 below). If the year ends but the book is not exhausted, the book may be used for the following year, but the first registration of the following year will start from number 01 (see Example 2 below).

4. The number recorded in the adoption form is the number recorded at the top of the page of the Adoption Registration Book together with the year of the adoption registration; the volume number is the volume number and the year the Adoption Registration Book was opened.

Example 1: The Adoption Registration Book of Ward X opened in 2011 and in 2011, Ward X used two volumes of the Adoption Registration Book. Mr. Nguyen Van A adopted Nguyen Hai Anh and was registered for adoption at the end of 2011 in sequence number 300, volume number 02. Therefore, in the "number/volume number" section of the Adoption Certificate of Mr. Nguyen Van A and Nguyen Hai Anh, it must clearly state:

"Number: 300/2011."

Volume number: 02/2011".

Example 2: The Adoption Registration Book of Ward Y opened in 2011 and in 2011 only 25 cases were registered. There were remaining pages and the book continued to be used for 2012 without having to open a new book. Mr. Nguyen Van B adopted Nguyen Hai Ha and was the first case to be registered for adoption in 2012. Therefore, in the "number/volume number" section of the Adoption Certificate of Mr. Nguyen Van B and Nguyen Hai Ha, it must clearly state:

"Number: 01/2012."

Volume number: 01/2011".

5. The columns in the Adoption Registration Book and the adoption form must be recorded strictly according to the usage guide in the Adoption Registration Book and this Circular.

6. During the registration process, if there are errors due to recording in the Adoption Registration Book, the person responsible must directly strike out the erroneous part, not correct over the old writing, not erase to rewrite. The column for noting changes in the Adoption Registration Book must clearly record the content of the correction; the name and signature of the person who made the correction and the date, month, year of the correction. The person responsible must stamp the corrected portion. If there are errors due to recording in the adoption forms, the form must be canceled and rewritten on another sheet.

It is strictly prohibited to arbitrarily erase, alter, or supplement the content already recorded in the Adoption Registration Book and adoption forms, causing distortion.

Article 8. Method of Closing the Book and Storing the Adoption Registration Book

1. The adoption registration year runs from January 1 to December 31 of that year. At the end of each registration year, a summary of all registered adoption events must be compiled. If the book is used for the following year, a summary of all registered adoption events for that year must also be compiled when the book is fully used.

After compiling the total number of registered adoption events according to the guidance provided in Clause 1 of this Article, the person responsible must record the total number of registered adoption events on one blank page adjacent to the book; the representative of the adoption registration authority must sign and stamp to confirm.

2. The adoption registration book must be stored and preserved for long-term use to meet the needs of the people and state management activities.

Adoption registrations at the People's Commune Council must be recorded in two books (dual registration), one book retained at the People's Commune Council where the adoption registration takes place, and one book transferred to the People's Committee of the district.

Adoption registrations at Vietnamese representative offices abroad must be recorded in two books (dual registration), one book retained at the Vietnamese representative office abroad where the adoption registration takes place, and one book transferred to the Ministry of Foreign Affairs.

For adoption registrations at the Provincial People's Council, the Department of Justice only records in one volume and retains it at the Department of Justice.

3. The People's Commune Councils, Departments of Justice, and Vietnamese representative offices abroad have the responsibility to store, preserve, and utilize the adoption registration book in accordance with the regulations on storage and adoption registration and management; they must implement measures to prevent typhoons, floods, fires, explosions, dampness, and pests to ensure the safety of archival materials.

Staff involved in adoption registration work need to carefully study the "Usage Guide" section in the Register Book for Adoption Registration to perform their duties fully, accurately, and consistently.

Article 9. Abolition of Forms and Registers for Adoption Registration in Relevant Legal Documents

Abolish the forms and registers for adoption registration issued together with the following legal documents:

1. Repeal 10 types of forms and 1 type of adoption registration book issued together with Decision No. 15/2003/QĐ-BTP dated February 12, 2003, by the Minister of Justice regarding the issuance of forms and household registers involving foreign elements, including: Decision on Adopting Vietnamese Children, code TP/HTNNg-2003-CN.5; Decision on Adopting Vietnamese Children (copy), code TP/HTNNg-2003-CN.5.a; Application for Permission to Establish an Overseas Adoption Office in Vietnam, code TP/HTNNg-2003-CN.6; Personal Record (of the person expected to head the overseas adoption office), code TP/HTNNg-2003-CN.7; Adoption Registration Book Involving Foreign Elements, code TP/HTNNg-2003-CN; Application for Adopting Vietnamese Children (for specific cases), code TP/HTNNg-2003-CN.1; Application for Adopting Vietnamese Children (for non-specific cases), code TP/HTNNg-2003-CN.1.a; Consent for Children to be Adopted (for children living in care facilities), code TP/HTNNg-2003-CN.2; Consent for Children to be Adopted (for children living in families), code TP/HTNNg-2003-CN.2.a; Periodic Report on the Development of Adopted Children, code TP/HTNNg-2003-CN.3; and Minutes of Handover of Adopted Children, code TP/HTNNg-2003-CN.4.

2. Repeal 8 types of forms and 1 type of adoption registration book issued together with Decision No. 01/2006/QĐ-BTP dated March 29, 2006, by the Minister of Justice regarding the issuance of household registers and forms, including: Agreement on Giving and Adopting Children, code STP/HT-2006-CN.1; Decision Recognizing Adoption (original), code STP/HT-2006-CN.2; Decision Recognizing Adoption (copy), code STP/HT-2006-CN.2.a; Decision Recognizing Adoption (original - re-registration), code STP/HT-2006-CN.3; Decision Recognizing Adoption (copy - re-registration), code STP/HT-2006-CN.3.a; Decision Recognizing Adoption (original - re-registration), code STP/HT-2006-CN.4; Decision Recognizing Adoption (copy - re-registration), code STP/HT-2006-CN.4.a; Application for Re-registering Adoption, code STP/HT-2006-CN.5; and Adoption Registration Book, code STP/HT-2006-CN.

3. Repeal 6 types of forms and 1 type of adoption registration book issued together with Decision No. 04/2007/QĐ-BTP dated June 13, 2007, by the Ministry of Justice regarding the issuance of 8 types of household registers and 38 types of forms for use at Vietnamese diplomatic and consular agencies abroad, including: Agreement on Giving and Adopting Children, code BTP-NG/HT-2007-CN.1; Decision Recognizing Adoption (original), code BTP-NG/HT-2007-CN.2; Decision Recognizing Adoption (copy), code BTP-NG/HT-2007-CN.2.a; Decision Recognizing Adoption (original - re-registration), code BTP-NG/HT-2007-CN.3; Decision Recognizing Adoption (copy - re-registration), code BTP-NG/HT-2007-CN.3.a; Application for Re-registering Adoption, code BTP-NG/HT-2007-CN.4; and Adoption Registration Book, code BTP-NG/HT-2007-CN.

4. Repeal 2 types of adoption forms issued under Circular No. 01/2008/TT-BTP dated June 2, 2008, by the Ministry of Justice guiding the implementation of certain provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005, of the Government on household registration and management, including: Application for Registering Adoption, code STP/HT-2008-TKNCN; Decision Recognizing Adoption (original), code STP/HT-2008-NCN.GC.

5. Repeal 3 types of adoption forms issued together with Joint Circular No. 11/2008/TTLT-BTP-BNG dated December 31, 2008, by the Ministry of Justice and the Ministry of Foreign Affairs guiding the implementation of the provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005, of the Government on household registration and management at Vietnamese diplomatic and consular agencies abroad, including: Decision Recognizing Adoption (original), code BTP-NG/HT-2008-CN.GC.I; Decision Recognizing Adoption (copy), code BTP-NG/HT-2008-CN.2.a.II; Decision Recognizing Adoption (copy - re-registration), code BTP-NG/HT-2008-CN.3.a.II.

Article 10. Effective Date

1. This Circular takes effect from August 15, 2011..

2. During the implementation process, if there are any difficulties or new issues arise, the Department of Justice and Vietnamese agencies abroad shall promptly send written reports to the Ministry of Justice for guidance.