Decision No. 142/2000/QĐ-TTg Issuing the Regulation on the Implementation of the Agreement on Adoption Cooperation between the Socialist Republic of Vietnam and the French Republic

Pursuant to …;

of d.1. Amount of taxable income in Vietnam:the Prime Minister CDecision No. 142/2000/QĐ-TTg dated December 11, 2000 promulgating the Implementation Regulation

of the Agreement on Cooperation in Adoption between the Socialist Republic of Vietnam

and the French Republic

_______________

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

On the basis of the Law on Enacting Legal Normative Documents dated November 12, 1996;

Pursuant to the Marriage and Family Law (No. 22/2000/QH10) dated June 9, 2000;

Pursuant to the Ordinance on Signing and Implementing International Treaties (No. 07/1998/PL-UBTVQH10) dated August 20, 1998 of the Standing Committee of the National Assembly and Decree No. 161/1999/NĐ-CP dated October 18, 1999 of the Government detailing certain provisions of the Ordinance on Signing and Implementing International Treaties;

Pursuant to Decision No. 120 QĐ/CTN dated July 14, 2000 of the President approving the Agreement on Cooperation in Adoption between the Socialist Republic of Vietnam and the French Republic;

At the proposal of the Minister of Justice, the Minister of Foreign Affairs, and the Minister of Public Security,

DECISION:

Article 1. This Decision promulgates the Implementation Regulation of the Agreement on Cooperation in Adoption between the Socialist Republic of Vietnam and the French Republic.

Article 2. This Decision takes effect fifteen days from the date of signature. Circular No. 2077/VPCP-PC dated May 15, 1999 of the Office of the Government announcing the Prime Minister's decision to temporarily suspend the acceptance of adoption applications from French citizens and those residing in France for adopting Vietnamese children ceases to be effective.

The Minister of Justice shall give priority to resolving pending adoption applications from French citizens and those residing in France due to the temporary suspension mentioned in Clause 1 of this Article.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decision.

REGULATIONS

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(Annexed to Decision No. 142/2000/QĐ-TTg dated December 11, 2000 of the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Application

This Regulation applies to the implementation of the Agreement on Cooperation in Adoption between the Socialist Republic of Vietnam and the French Republic (hereinafter referred to as the Agreement).

Article 2. Principles for resolving adoption and applying laws

1. Resolving adoption must ensure humanitarian purposes, the best interests of children, and respect for children's basic rights.

It is strictly prohibited to exploit the introduction and resolution of adoption for the purpose of buying and selling, profiteering, or other purposes contrary to the provisions of the law and social morality.

2. Resolving adoption applications from French citizens and foreigners residing in France, including those temporarily residing outside France (hereinafter referred to as the applicant), who wish to adopt Vietnamese children residing in Vietnam must comply with the provisions of the Agreement, this Regulation, and other relevant provisions of Vietnamese law.

In cases where the Agreement provides a different procedure and process for resolving adoption compared to Vietnamese law, the provisions of the Agreement shall apply.

Article 3. Children eligible for introduction as adoptees

Children introduced and resolved for adoption under this Regulation are those residing in legally established care facilities in provinces and centrally-administered cities.

In cases where children are orphaned or disabled, and the applicant has previously adopted a sibling of the child or for other humanitarian reasons approved by the Ministry of Justice, the applicant may request to adopt that specific child directly from their family.

Chapter II

PROCEDURE AND PROCESS FOR RESOLVING ADOPTION APPLICATIONS

Article 4. Adoption application dossier

1. The adoption application dossier must be prepared in accordance with the provisions of the Agreement. Documents in foreign languages within the adoption application dossier must be translated into Vietnamese and certified by the Vietnamese Embassy in France.

2. The adoption application dossier must be sent by the French International Adoption Agency to the Ministry of Justice through diplomatic channels. In cases where authorized by the French International Adoption Agency and approved by the Ministry of Justice, the transfer of the dossier can be carried out through French organizations permitted to operate in the field of adoption in Vietnam.

3. Based on the provisions of the Agreement and Vietnamese law on adoption, the Ministry of Justice will agree with the French International Adoption Agency on the types of documents required in the adoption application dossier.

Article 5. Receiving and processing adoption applications at the Ministry of Justice

Within seven days from the date of receipt of the adoption application dossier as stipulated in Clause 2 of Article 4 of this Regulation, the Ministry of Justice will review and examine the entire dossier. If it is determined that the dossier is complete and valid, the Ministry of Justice will issue a letter to the provincial People's Committee (hereinafter referred to as the provincial People's Committee) requesting the introduction of children for adoption; this letter will also be copied to the French International Adoption Agency.

In cases where the dossier is incomplete or invalid, the Ministry of Justice will request the French International Adoption Agency to supplement and perfect it.

Article 6. Procedure for introducing children from care facilities

1. Within forty-five days from the date of receipt of the letter requesting the introduction of children as stipulated in Article 5 of this Regulation, the provincial People's Committee is responsible for directing the Department of Justice to identify children suitable for the wishes of the applicant to respond to the Ministry of Justice. If there are children available for introduction, a reply letter accompanied by the child's dossier will be issued; if there are no children matching the applicant's wishes, an early response will be made to the Ministry of Justice to inform the applicant.

Children introduced for adoption must be living in legally established care facilities in the province or centrally-administered city, meeting the conditions for adoption as prescribed by law, having clear origins, and complete and valid dossiers.

2. The procedures for identifying children and preparing their dossiers are as follows:

a) Within twenty days from the date of receipt of the letter requesting from the Department of Justice, the care facility shall be responsible for identifying children to be introduced for adoption and preparing two sets of children's files according to the guidelines of the Ministry of Justice. In case there is a written authorization from the adoptive parent applicant, the organization of France that has been licensed to operate in the field of adoption in Vietnam may initially meet with the child, and if the head of the care facility agrees, the child may undergo additional health examinations; costs related to these additional health examinations shall be borne by the adoptive parent applicant.

b) Within ten days from the date of receipt of the letter introducing the child from the care facility and the child's file, the Department of Justice shall be responsible for reviewing and checking the entire file. If it is found that the child's file is complete and valid, the Department of Justice shall issue a report to the Chairman of the Provincial People's Committee to authorize the notification of the result to the Ministry of Justice, accompanied by one set of the child's file.

In cases where the child's file is incomplete, invalid, or if the origin of the child is unclear, the Department of Justice shall request the care facility to supplement, complete, or cooperate with the provincial police authority to investigate. The time limit specified in this point may be extended by no more than ten days.

Article 7. Procedure for introducing children from families

In cases where the adoptive parent applicant requests to adopt a specific child from a suitable family as stipulated in Article 3 of this Regulation, the Provincial People's Committee shall instruct the Department of Justice to guide the birth parents or guardians to prepare two sets of children's files according to the guidelines of the Ministry of Justice.

The review and check of the child's file and the notification of the result to the Ministry of Justice shall follow the provisions at point b, Clause 2, Article 6 of this Regulation.

The time limit for introducing children from families is thirty days from the date of receipt of the request letter from the Ministry of Justice as stipulated in Article 5 of this Regulation.

Article 8. Transfer of adoption application files to the Provincial People's Committee and notification to the adoptive parent applicant

1. Within seven days from the date of receipt of the introduction results and the child's file sent by the Department of Justice on behalf of the Chairman of the Provincial People's Committee, the Ministry of Justice shall review and recheck the child's file. If it is found that the file is complete and valid, and the child being introduced for adoption meets the conditions for adoption under the law, the Ministry of Justice shall issue a letter, accompanied by one set of the adoptive parent's file, to the Provincial People's Committee for resolution; this letter shall be copied to the International Adoption Agency of France.

2. Within seven days from the date of receipt of the adoptive parent's file sent by the Ministry of Justice, the Provincial People's Committee shall instruct the Department of Justice directly or through the French organization that has been licensed to operate in the field of adoption in Vietnam to notify the adoptive parent applicant in writing.

Article 9. Completion of adoption procedures at the Provincial People's Committee

1. Within ninety days from the date of receipt of the notification letter from the Department of Justice, the adoptive parent applicant must be present in Vietnam to complete the adoption procedures. In cases where the adoptive parent applicant cannot come to Vietnam within this period due to objective reasons, they may request an extension from the Department of Justice, but the total duration shall not exceed six months.

2. Within five days from the date the adoptive parent applicant appears at the Department of Justice, they must pay the registration fee for adoption as prescribed by law and sign the commitment statement regarding the development situation of the adopted child to supplement the adoption application file. The Department of Justice shall then complete the adoption file and submit it to the Chairman of the Provincial People's Committee for signing the decision to allow adoption.

Within seven days from the date of receipt of the report and adoption file sent by the Department of Justice, the Chairman of the Provincial People's Committee shall examine and sign the decision to allow adoption.

Within seven days from the date the Chairman of the Provincial People's Committee signs the decision to allow adoption, the Department of Justice shall organize the handover ceremony according to the law, handing over the original decision to allow adoption, the original record of the handover ceremony, and the household registration documents of the adopted child to the adoptive parents, following the guidelines of the Ministry of Justice.

Article 10. Notification of the decision to allow adoption

1. Within seven days from the date of the handover ceremony, the Department of Justice shall send a copy of the decision to allow adoption, the record of the handover ceremony, and the adoptive parents' commitment statement regarding the development situation of the adopted child to the Ministry of Justice to supplement the adoption application file, for archiving and monitoring. Simultaneously, the Department of Justice shall send a copy of the decision to allow adoption to the local People's Committee where the child was previously registered for birth to process the registration of adoption.

2. Quarterly, the Ministry of Justice shall compile a list of statistics on decisions to allow adoption resolved under this Agreement nationwide and decisions on adoption by French courts sent to the Ministry of Foreign Affairs to fulfill the tasks stipulated in Clause 2, Article 12 of this Regulation.

Chapter III

RESPONSIBILITIES OF AUTHORITIES AND MECHANISMS FOR COOPERATION

RESOLUTION OF APPLICATIONS FOR ADOPTION

Article 11. Responsibilities of the Ministry of Justice

The Ministry of Justice, as the central agency of Vietnam as stipulated in Article 2 of the Agreement, is responsible for serving as the focal point in implementing the provisions of the Agreement and has the following duties and powers:

1. Issuing guiding documents to implement the provisions of this Regulation;

2. Directing and guiding the Provincial People's Committees in resolving adoption application files for Vietnamese children;

3. Establishing and chairing the Inter-ministerial Working Group of Vietnam to participate in the Joint Working Group of Vietnam-France as stipulated in Article 20 of the Agreement;

4. Issuing licenses to French organizations that meet the conditions to operate in the field of adoption in Vietnam on a humanitarian, non-profit basis to carry out tasks authorized by the International Adoption Agency of France and assist adoptive parent applicants in completing adoption procedures; managing the activities of French organizations that have been licensed to operate in the field of adoption in Vietnam.

5. Ensure and be responsible for the adoption dossier of the adoptive applicant to comply fully with the provisions set out in Clause 3, Article 10 of the Agreement and this Regulation;

6. Annually report to the Prime Minister on the implementation status of the Agreement and this Regulation.

Article 12. Responsibilities of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice and other competent authorities of Vietnam in implementing the Agreement, and shall have the following duties and powers:
1. Handle foreign affairs issues arising during the implementation of the Agreement;

2. Direct the Vietnamese Embassy in France in introducing the contents of the Agreement, this Regulation, and related Vietnamese laws on adoption; guide the adoptive applicants to complete the adoption dossier for Vietnamese children; facilitate procedures for translating and authenticating the adoption dossier, as well as procedures for the adoptive applicants to enter Vietnam; closely cooperate with domestic agencies in protecting the legitimate rights and interests of Vietnamese children adopted in France.

Article 13. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

The Ministry of Public Security shall coordinate with the Ministry of Justice and other competent authorities of Vietnam in implementing the Agreement, and shall have the following duties and powers:

1. Direct provincial public security agencies, when requested, to closely coordinate with provincial Departments of Justice in reviewing dossiers and verifying the origins of children introduced for adoption; issue passports promptly and create favorable conditions for children who have been decided by the Chairman of the Provincial People's Committee to be adopted to exit Vietnam;

2. Implement preventive measures and combat actions against acts exploiting the introduction and resolution of adoption for the purpose of buying and selling, profiteering, and other violations of the law in the field of adoption;

3. Coordinate with the Ministry of Justice in managing French organizations that have been permitted to operate in the field of adoption in Vietnam;

4. Perform other tasks and powers in the field of international adoption according to the provisions of the law.

Article 14. Responsibilities of Ministries, ministerial-level agencies, and government agencies

Ministries, ministerial-level agencies, and agencies under the Government, within their respective functions and powers, shall be responsible for coordinating with the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security in implementing the Agreement and this Regulation.

Article 15. Responsibilities of the provincial people's committee

The People's Committee of the province where the child care facility introducing children for adoption is located or where the child seeking adoption resides is the competent authority to decide on the adoption of children according to Clause 1, Article 7 of the Agreement, and shall be responsible for implementing relevant provisions of the Agreement and shall have the following duties and powers:

1. Receive the adoption dossier of the adoptive applicant transferred by the Ministry of Justice, direct the Department of Justice to coordinate with the provincial public security agency and the child care facility to process the dossier, ensuring that the adoption of children is carried out in a humanitarian spirit, for the best interest of the children;

2. Designate a child care facility within the province or centrally-administered city that meets the conditions to introduce children for adoption;

3. Ensure and be responsible for the dossier of children introduced for adoption to comply fully with the provisions set out in Clause 1, Article 11 of the Agreement and this Regulation;

4. Decide on the adoption according to the provisions of Clause 1, Article 7 of the Agreement and direct the Department of Justice to organize the handover of the adopted child according to the law;

5. Manage the activities of French organizations that have been permitted to operate in the field of adoption in Vietnam within the province or centrally-administered city.

In performing the above duties and powers, the People's Committee of the province shall be responsible for implementing the guidance and direction on professional matters from the Ministry of Justice and relevant ministries and sectors.

Article 16Responsibilities of child care facilities

Child care facilities designated by the People's Committee of the province to introduce children for adoption shall have the following responsibilities:

1. Coordinate with the Department of Justice in introducing children who meet the conditions for adoption; periodically report to the Department of Labor, Invalids and Social Affairs and the agency that issued the decision to establish the child care facility on the situation of introducing children for adoption;

2. Ensure that children introduced for adoption meet all legal conditions for adoption, have clear origins, and complete and valid dossiers;

3. Create favorable conditions for adoptive parents and French organizations that have been permitted to operate in the field of adoption in Vietnam to contact with the children and perform necessary procedures for adopting the children according to the law.

Article 17. Responsibilities of the Inter-Ministerial Working Group

1. The Inter-Ministerial Working Group shall be established by the Decision of the Minister of Justice, consisting of representatives at the Deputy Director-General level from the Ministry of Justice, the Ministry of Public Security, the Ministry of Foreign Affairs, and other relevant agencies, with the Deputy Minister of Justice serving as the Head of the Group.

2. The Inter-Ministerial Working Group shall have the following powers and duties:

a) Coordinate the activities of relevant ministries and sectors in implementing the Agreement and resolving issues arising during the implementation of the Agreement and this Regulation;

b) Prepare annual reports on the implementation of the Agreement and this Regulation for the Minister of Justice to report to the Prime Minister;

c) Periodically inspect the implementation of the Agreement and this Regulation in localities;

d) Participate in the activities of the Joint Working Group of Vietnam and France and perform the tasks prescribed in Clause 2, Article 20 of the Agreement.

Article 18. Responsibilities of French organizations permitted to operate in the field of adoption in Vietnam

1. French organizations permitted to operate in the field of adoption in Vietnam shall have the following obligations and powers:

a) Strictly abide by Vietnamese laws and respect Vietnamese customs and traditions;

b) Operate within the scope and content specified in the Permit;

c) Urge and remind adoptive applicants to fulfill their commitment to report on the development of the adopted child;

d) Report in writing every six months to the Ministry of Justice on the organization's activities in Vietnam; and be responsible for reporting, providing documents, or explaining issues related to the organization's activities to the Ministry of Justice when requested.

e) By the end of the fiscal year, there must be a final report sent to the Ministry of Justice;

g) They are entitled to lease office premises and hire Vietnamese workers for the organization in accordance with Vietnamese laws.

2. The person appointed by the organization to represent it in Vietnam shall be responsible for all activities of that organization in Vietnam.

3. The Ministry of Justice shall stipulate the documentation and procedures for applying for a Permit to Operate in Vietnam for French adoption organizations.

Chapter IV

HANDLING VIOLATIONS

Article 19. Handling Violations

1. Any person who abuses their position or authority in handling matters related to children being adopted in violation of this Regulation and other relevant laws shall be subject to disciplinary action or criminal prosecution, depending on the nature and severity of the violation, as provided by law.

2. Any person who violates this Regulation and other relevant laws; who exploits the introduction and resolution of matters concerning children being adopted for purposes of exploiting labor, sexual abuse, trafficking in children, or other profit-seeking purposes shall be subject to administrative penalties or criminal prosecution, depending on the nature and severity of the violation, as provided by law.