Circular No. 15/2014/TT-BTP guides the search for substitute families abroad for children with disabilities, children suffering from serious illnesses, children aged five years and older, and siblings over two years old who need substitute families.

CIRCULAR

Guidelines for finding substitute families abroad for children with disabilities,

children suffering from serious illnesses, children aged five years or older, and two or more siblings.

are full siblings in need of substitute families.

__________________

CWHEREAS pursuant to the Law N |||Adoption on June 17, 2010;

Pursuant to Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain provisions of the Law on N |||Adoption;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Considering the proposal of the Director of the Department of Adoption,

The Minister of Justice issues this Circular guiding the process of finding substitute families abroad for children with disabilities, children suffering from serious illnesses, children aged five years or older, and two or more siblings who are in need of substitute families..

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

This Circular guides the process of finding substitute families abroad for children with disabilities, children suffering from serious illnesses, children aged five years or older, and two or more siblings who are in need of substitute families. (hereinafter referred to as children in need of special care)..

Article 2. Children with disabilities and children suffering from serious illnesses may be specifically adopted.

Children with disabilities and children suffering from serious illnesses may be specifically adopted. include children falling under one of the following cases:

1. Children disabilities and children suffering from serious illnesses are stipulating specified in Clause 1, Article 3 of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain provisions of the Law on Adoption.

2. Children with disabilities or children suffering from serious illnesses whose chances of being adopted are limited according to Clause 1, Article 3 of Decree No. 19/2011/NĐ-CP include: children with hepatitis B, C, syphilis, tuberculosis; children with only one ear, without an ear canal, or without an ear rim; children with nystagmus, cataracts, retinal detachment; children with amputated hands or feet, extra or missing fingers or toes, or fingers or toes fused together; children with hypothyroidism; children with esophageal atresia; children with anal stenosis or hypertrophy; children with eczema; children with asthma; children with brain diseases; children with Down syndrome; children with delayed psychomotor development, autism; children with epilepsy; children with undescended testicles; children with dystonia; children with other hernias.

3. Children suffering from lifelong diseases or other serious illnesses based on the opinion of specialized doctors regarding the types of diseases the children suffer from; children with disabilities that limit their chances of being adopted.

Chapter II

PROCEDURES FOR FINDING SUBSTITUTE FAMILIES ABROAD FOR CHILDREN IN NEED OF SPECIAL CARE

Article 3. Listing and preparing files for children in need of special care in need of substitute families.

 1. When receiving or during the care and upbringing of children, if it is found that the children fall within the scope defined in Article 2 of this Circular, children aged five years or older, or two or more siblings, the care facility immediately prepares a list of children along with their files and seeks the opinion of the Department of Labor, Invalids and Social Affairs before sending them to the Department of Justice.

2. Within seven working days from the date of receipt of the list along with the children's files, in need of special carethe Department of Justice sends them to the Department of Adoption, Ministry of Justice (hereinafter referred to as the Department of Adoption) so that the Department of Adoption can request foreign adoption offices to assist in conducting thorough health examinations, providing medical care, and finding substitute families abroad for the children.

3In the case where children with disabilities or children suffering from serious illnesses have Vietnamese citizens residing abroad or foreigners permanently residing abroad who wish to adopt them specifically as provided for in point d, Clause 2, Article 28 of the Law on Adoption, the Department of Justice shall guide the biological parents or guardians of the children to prepare the children's files and submit them to the Department of Justice.

 Article 4. Health care support and specialized health check-ups for children with special needs have special care needs in need of substitute families.

1. Overseas Adoption Offices shall notify the Adoption Agency about programs to provide health care support and specialized health check-ups for disabled children, children with serious illnesses, psychological counseling, and other necessary conditions for children aged five years or older or two or more siblings. The support program must clearly describe the ability to assist various types of diseases and disabilities of children, special needs of children aged five years or older, children belonging to sibling groups, the capabilities of responsible staff, preparations for adoptive parents, and measures to monitor the development of adopted children.

2. Upon receiving the List of children in need of special care When receiving a list of children

accompanied by files sent by the Department of Justice, based on the support programs of overseas adoption offices, the Adoption Agency shall request overseas adoption offices to support specialized health check-ups and health care for children; provide psychological counseling and prepare necessary conditions for older children or sibling groups to be adopted. in need of special care

1. During the period of supporting in-depth health examinations and medical care for disabled children, seriously ill children, psychological counseling, and preparing necessary conditions for children aged five years or older or two or more full siblings in need of substitute families. During the period of providing specialized health check-ups and health care support for disabled children, children with serious illnesses, psychological counseling, and preparing necessary conditions for children aged five years or older or two or more siblings,

upon the request of the Adoption Agency, overseas adoption offices shall conduct searches for willing and qualified families to adopt children.

Article 6. Children's dossier in need of special care seeking substitute families abroad

 Children's files in need of special care seeking substitute families abroad shall include documents prescribed in Article 32 of the Law on Adoption, Clause 1, Article 14 of Decree No. 19/2011/NĐ-CP, and must have documents proving the child's disability, illness, and special care needs. includes the documents prescribed in Article 32 of the Law on Adoption, Clause 1 of Article 14 of Decree No. 19/2011/NĐ-CP, and must include documents proving the children's disability status, illness, and special care needs.

Article 7. Seeking opinions from related persons and verifying the origin of children in need of special care seeking substitute families abroad

1. Within seven working days from the date of receipt of the file sent by the care facility, simultaneously with sending the file to the Adoption Agency as stipulated in Clause 2 3 of this Circular, the Department of Justice shall be responsible for checking the child's file, conducting interviews with the biological father, mother, or guardian regarding the child's adoption by foreigners as prescribed in Clause 1, Article 15 of Decree No. 19/2011/NĐ-CP, and requesting CMr. An provincial level verification of the origin of abandoned children. The verification request document of the Department of Justice must clearly state that the child in need of special care requires priority verification to ensure the best interests of the child.

2. Verification document of CMr. An provincial level to seize, The verification document must clearly conclude the origin of abandoned children, unable to identify the biological parents as prescribed in Clause 1, Article 16 of Decree No.. 19/2011/NĐ-CP

In cases where the biological parents of the child are identified, the verification document must clearly state their names and place of residence so that the Department of Justice can proceed with procedures to seek the opinion of the biological parents regarding the child's adoption by foreigners.

Article 8. Confirmation of Children Eligible for Adoption by Foreigners in need of special care 1. Within seven working days from the expiration date of the period for the birth parents or guardians to change their opinion on giving children up for adoption by foreigners as stipulated in Clause 2, Article 15 of Decree No. 19/2011/NĐ-CP, if the Department of Justice finds that the child meets the conditions to be adopted by a foreigner who is specifically designated to adopt them, it shall issue a document confirming the child's eligibility for adoption by a foreigner.

2. Before confirming a child's eligibility for adoption by a foreigner, if the health file of the child does not clearly reflect the child's disabilities or illnesses, the Department of Justice shall request the care facility, birth parents, or guardian to supplement the child's health file and seek the opinion of specialists regarding the types of disabilities or illnesses the child suffers from.

3. In cases where the child has been abandoned, the Department of Justice shall issue a document confirming the child's eligibility for adoption by a foreigner within seven working days from the date of receiving the verification document about the origin of the abandoned child from the Police.

4. After confirming a child's eligibility for adoption by a foreigner, the Department of Justice shall send a document along with the minutes of opinions on giving the child up for adoption and the verification document from the provincial Police to the National Adoption Agency. ||| 1. Documents to be archived for reviewing draft land price lists include:

In cases where a disabled child or a child suffering from a serious illness is specifically designated to be adopted according to Point d, Clause 2, Article 28 of the Law on Adoption, after confirming the child's eligibility for adoption by a foreigner, the Department of Justice shall submit the child's file to the National Adoption Agency. ||| Article 9. Documents of Foreigners Specifically Designated to Adopt Children

5. 1. The documents of foreigners specifically designated to adopt children include those specified in Clause 1, Article 31 of the Law on Adoption and Article 13 of Decree No. 19/2011/NĐ-CP.

2. The adoption application must clearly state that the adoptive parent is mentally prepared, financially capable, and has a family environment suitable for adopting a child, as well as a plan for caring for and raising the child. in need of special care 3. If the adoptive parent specifically designates a child over five years old or two or more siblings for adoption, the application must clearly outline plans for preparing the child psychologically, integrating the child into a new family, cultural, and social environment.

Article 10. Submission of Adoption Application for Children in need of special care 1. Vietnamese citizens residing abroad and foreigners permanently residing abroad who specifically designate disabled children or children suffering from serious illnesses as stipulated in Point d, Clause 2, Article 28 of the Law on Adoption shall submit their applications to the National Adoption Agency as prescribed in Clause 1, Article 17 of Decree No. 19/2011/NĐ-CP.

2. When finding a family willing to adopt a child according to Article 5 of this Circular, the Overseas Adoption Office shall submit the adoptive parent's application to the National Adoption Agency. in need of special care.

3. If the Overseas Adoption Office fails to submit the application as required under this provision, they must submit the adoptive parent's application to the National Adoption Agency for review and decision within thirty days from the date the child was confirmed eligible for adoption by a foreigner. In special cases, the submission deadline may be extended to sixty days.

4. For children who have received medical care support from the Overseas Adoption Office but the office cannot find a family willing to adopt them according to Clauses 2 and 3 of this provision, the National Adoption Agency shall request another Overseas Adoption Office to find a replacement family for the child. in need of special care 3. If the adoptive parent specifically designates a child over five years old or two or more siblings for adoption, the application must clearly outline plans for preparing the child psychologically, integrating the child into a new family, cultural, and social environment.

1. Vietnamese persons residing abroad, foreigners permanently residing abroad who wish to adopt a specific disabled child or seriously ill child as prescribed in point d, Clause 2, Article 28 of the Law on Adoption shall submit their application dossier to the Adoption Agency in accordance with Clause 1 of Article 17 of Decree No. 19/2011/NĐ-CP.

2. When finding a family willing to adopt a child in need of special care as a foster child in accordance with Article 5 of this Circular, the Overseas Adoption Office shall submit the dossier of the person adopting the child to the Adoption Agency.

3. If the Overseas Adoption Office has not submitted the dossier in accordance with Clause 2 of this Article, then within thirty days from the date the child is confirmed to meet the conditions to be adopted by a foreigner, the Overseas Adoption Office must submit the dossier of the person adopting the child for the Adoption Agency to consider and decide. In exceptional cases, the submission deadline may be extended up to sixty days.

4. For children who have been supported in healthcare by the Overseas Adoption Office but the Office cannot find a family to adopt the child in accordance with Clauses 2 and 3 of this Article, the Adoption Agency shall request another Overseas Adoption Office to find a replacement family for the child.

Article 11. Review of Foreigners' Applications to Adopt Specific Children in need of special care 3. If the adoptive parent specifically designates a child over five years old or two or more siblings for adoption, the application must clearly outline plans for preparing the child psychologically, integrating the child into a new family, cultural, and social environment.                

1. Within fifteen days from the date of receiving complete and valid files in accordance with Article 10 of this Circular, the Adoption Bureau shall conduct a review of the application file of foreigners adopting specific children for adoption. in need of special care to be adopted.

2. Based on the disabilities, illnesses, and special care needs of the children, the Adoption Bureau shall assess whether the family has the necessary conditions to meet the special care needs of the children to ensure that a suitable substitute family abroad can be found for the children.

Article 12. Notification of Results of Finding Substitute Families Abroad for Children in need of special care

1. Within seven working days from the date of approving the results of finding substitute families for children or from the date of receiving the child's file in accordance with Clause 5 of Article 8 of this Circular, the Adoption Bureau shall send a notification letter to the Central Adoption Authority of the relevant foreign country and the adoptive parent regarding the approval for the specific adoption of the child. in need of special care 2. Within thirty days from the date of receiving the notification letter from the Adoption Bureau, the adoptive parent or the foreign adoption office must submit to the Adoption Bureau the consent letter from the adoptive parents agreeing to adopt the child and the document from the competent authority of the relevant foreign country confirming that the child will enter and reside in that country. In cases where the child has a disability or a serious illness, the adoptive parent may have up to sixty days to seek medical advice before responding.

Article 13. Decision on Children's Adoption by Foreign Parents and Transfer of Adoption Files

1. Within seven working days from the date of receiving the document specified in Clause 2 of Article 12 of this Circular, the Adoption Bureau shall transfer the adoption file of the adoptive parent to the Department of Justice at the place where the child will reside permanently for submission to the Provincial People's Committee to issue a decision on adoption. in need of special care to be adopted by foreigners and organizations involved in the transfer of adoption

2. Within seven working days from the date of receiving the file transferred by the Adoption Bureau, the Department of Justice shall be responsible for submitting to the Provincial People's Committee a decision on the child's adoption by a foreign parent.

3. Within seven working days from the date of receiving the file submitted by the Department of Justice, the Provincial People's Committee shall decide on the child's adoption by a foreign parent.

4. Within seven working days from the date of the Provincial People's Committee's decision, the Department of Justice shall notify the adoptive parent to come to Vietnam to receive the adopted child.

The adoptive parent must be present in Vietnam to directly receive the adopted child within thirty days from the date of receiving the notification from the Department of Justice; in case of legitimate reasons, the above period may be extended, but not exceeding zero days. 6Revoke the decision on children's adoption by foreign parents

Article 14. 1. In cases where the Provincial People's Committee has issued a decision on children's adoption by foreign parents but the child has not yet left Vietnam, the adoptive parentmay submit a request to the Adoption Bureau to revoke the decision if the adoptive parent suddenly falls ill with a serious disease unable to continue raising the adopted child, or the adopted child suffers from a serious illness, the adoptive parents lack the conditions to raise the child, or for other legitimate reasons.

2. The Adoption Bureau shall notify the Department of Justice to report to the Provincial People's Committee for consideration and revocation of the decision.decides to allow the child to be adopted by a foreigner but the child has not yet left Vietnam, the person adopting the child Effectiveness

2014.may submit a request to the Adoption Bureau to revoke the decision if the adoptive parent suddenly falls ill with a serious disease unable to continue raising the adopted child, or the adopted child suffers from a serious illness, the adoptive parents lack the conditions to raise the child, or for other legitimate reasons..

Chapter III

IMPLEMENTING PROVISIONS

Article 15Article on Effective Date

This Circular takes effect from the date 05  month  7shall take effect in 2014.

Article 16. Responsibility for Implementation

1. Provincial/Municipal People's Committees directly under the Central Government, The Adoption Bureau, Provincial/Municipal Departments of Justice directly under the Central Government, foster care facilities, and foreign adoption offices in Vietnam shall be responsible for implementing this Circular.

2. In the course of implementation, if there are any difficulties or new matters arise, the Adoption Bureau shall be responsible for reporting to the Minister of Justice in a timely manner to provide guidance./.