DECREE NO. 19/2011/ND-CP DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON ADOPTION

DECREE

Detailed Implementation of Certain Provisions of the Law on Adoption

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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;

Considering the proposal of the Minister of Justice.

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

2. This Decree guides the implementation of certain issues regarding the authority, procedures, and formalities for resolving domestic adoptions, adoptions at Vietnamese representative offices abroad (hereinafter referred to as Representative Offices), and intercountry adoptions pursuant to Articles 9, 15, 17, 18, 20, 21, 22, 28, 30, 31, 32, 33, 34, and 36 of the Law on Adoption; re-registration of adoptions and recognition of adoptions registered with competent authorities of foreign countries.

Article 2. Authority for Registration of Adoptions

The authority for registration of adoptions shall be carried out in accordance with Article 9 of the Law on Adoption and the specific provisions set forth below:

1. For domestic adoptions, the People's Committee of communes, wards, or towns (hereinafter referred to as the People's Committee of the commune) where the adoptee resides shall carry out the registration of the adoption.

In cases where a stepfather or stepmother adopts a child of their spouse; an aunt, uncle, or cousin adopts a niece or nephew, or there is an agreement between the adopter and the biological parents or guardian of the adoptee, then the People's Committee of the commune where the adopter resides shall carry out the registration of the adoption.

In cases where an abandoned child who has not been transferred to a care facility is adopted, the People's Committee of the commune where the record confirming the abandonment of the child was established shall carry out the registration of the adoption; in cases where a child from a care facility is adopted, the People's Committee of the commune where the care facility is located shall carry out the registration of the adoption.

2. For international adoptions, the People's Committee of provinces or centrally administered cities (hereinafter referred to as the People's Committee of the province) where the adoptee resides shall decide to allow the person to be adopted; in cases where a child from a care facility is adopted, the People's Committee of the province where the care facility is located shall decide to allow the child to be adopted.

The Department of Justice shall register international adoptions after receiving the decision of the People's Committee of the province.

3. For adoptions between Vietnamese citizens temporarily residing abroad, the Representative Office where the adoptee or the adopter is temporarily residing shall carry out the registration of the adoption; in cases where both parties are temporarily residing in a country without a Representative Office, the adopter shall submit the adoption registration application to the most convenient Representative Office for them.

Article 3. Children with disabilities and children suffering from serious illnesses may be adopted specifically

1. Children with disabilities and children suffering from serious illnesses who may be specifically adopted according to point d, Clause 2, Article 28 of the Law on Adoption include children with cleft lip and palate; children blind in one or both eyes; deaf and mute children; children with clubfoot or clubhand; children without fingers or hands; children infected with HIV; children with heart diseases; children with umbilical hernia, groin hernia, abdominal hernia; children without anus or genital organs; children with blood diseases; children with lifelong treatable diseases; children with other disabilities or serious illnesses that limit their chances of being adopted.

3. In cases where there is insufficient evidence to determine that a child falls within the scope of the provisions of Clause 1 of this Article, the Child Adoption Agency under the Ministry of Justice (hereinafter referred to as the Child Adoption Agency) shall seek the opinion of the competent authority as provided for in the Law on Persons with Disabilities for children with disabilities or medical experts for children suffering from serious illnesses.

Article 4. Acceptance, management, and utilization of humanitarian assistance for the care, support, and education of children in special circumstances

Humanitarian assistance for the care, support, and education of children in special circumstances shall be implemented according to the provisions of Article 7 of the Law on Adoption and the specific provisions below:

1. Individuals and organizations inside and outside Vietnam are encouraged to provide humanitarian assistance for the care, support, and education of children in special circumstances in Vietnam through community-based child protection, care, and nurturing programs; funding the Child Welfare Fund or other forms as prescribed by Vietnamese law.

When providing humanitarian assistance, individuals and organizations shall not require child care facilities to place children up for adoption; child care facilities shall not commit to placing children up for adoption due to having received humanitarian assistance.

2. The Ministry of Labor, Invalids, and Social Affairs shall guide, direct, and inspect the acceptance, management, and utilization of humanitarian assistance for the care, support, and education of children in special circumstances.

3. Foreign adoption organizations permitted to operate in Vietnam shall not directly support designated child care facilities for children to be adopted abroad.

1. Criminal history certificates, health examination certificates, family situation confirmation documents, residence status confirmation documents, economic condition confirmation documents of domestic adoptive parents as stipulated in Article 17 of the Law on Adoption and documents specified in point b, point d, Clause 1, Article 21 of this Decree shall be valid for use if issued not more than six months prior to the date of submission of the application at the People's Committee of the commune.

2. Criminal history certificates, health status confirmation documents, psychological investigation reports, family investigation reports, income and asset confirmation documents of foreign adoptive parents as stipulated in Article 31 of the Law on Adoption shall be valid for use if issued not more than twelve months prior to the date of submission of the application at the Child Adoption Agency.

3. Criminal history certificates of the head of foreign adoption organizations as stipulated in point e and of the person expected to head the foreign adoption office in Vietnam as stipulated in point g, Clause 1, Article 31 of this Decree shall be valid for use if issued not more than six months prior to the date of submission of the application at the Child Adoption Agency.

Chapter II
SPECIFIC PROVISIONS ON CERTAIN PROCEDURES FOR RESOLVING ADOPTION MATTERS

Section 1
DOMESTIC ADOPTION

1. In cases where children residing at care facilities need substitute families and are not children with disabilities or suffering from serious illnesses, the care facility shall establish files and lists of such children (hereinafter referred to as List 1) and seek opinions from the Department of Labor, Invalids, and Social Affairs before submitting them to the Department of Justice for the purpose of announcing the search for substitute families within the provincial jurisdiction, in accordance with point c, Clause 2, Article 15 of the Law on Adoption.

2. In cases where children have disabilities, suffer from serious illnesses, or are five years old or older, or there are two or more siblings needing substitute families, the care facility shall establish separate files and lists (hereinafter referred to as List 2) and seek opinions from the Department of Labor, Invalids, and Social Affairs before submitting them to the Department of Justice.

If the child meets the conditions for adoption, the Department of Justice shall confirm this in accordance with Clause 1 and Clause 2, Article 16 of this Decree and send the file along with List 2 to the National Adoption Agency to notify the designated adoptive parent.

3. In cases where children residing at care facilities are adopted by Vietnamese citizens permanently residing within the country, the care facility shall be responsible for providing one set of the child's file to the adoptive parent and removing the child's name from the list established under Clause 1 or Clause 2 of this Article.

The file of the domestic adoptive parent shall be established in one set, including the documents prescribed in Article 17 of the Law on Adoption. In cases where the adoptive parent and the person to be adopted do not fall under the provisions of Clause 3, Article 14 of the Law on Adoption and do not reside in the same commune, the verification of family circumstances, place of residence, and economic conditions of the adoptive parent shall be carried out as follows:

1. In cases where the adoptive parent submits the adoption registration file to the People's Committee of the commune where the person to be adopted resides, the document regarding the family circumstances, place of residence, and economic conditions of the adoptive parent shall be confirmed by the People's Committee of the commune where the adoptive parent resides.

2. In cases where the adoptive parent submits the adoption registration file to the People's Committee of the commune where they reside but not where the person to be adopted resides, the verification of family circumstances, place of residence, and economic conditions of the adoptive parent shall be conducted as follows:

Article 8. Responsibilities for Soliciting Opinions of Related Parties Regarding Adoption

1. Soliciting opinions of related parties regarding adoption shall be carried out in accordance with Article 20 of the Law on Adoption and shall be directly implemented by the judicial and civil registrar of the People's Committee of the commune where the person to be adopted resides.

2. In cases where the adoptive parent submits the adoption registration file to the People's Committee of the commune where they reside but not where the person to be adopted resides, soliciting opinions of related parties regarding adoption shall be carried out as follows:

a) In cases where a judicial and civil registrar is dispatched to solicit opinions, the People's Committee of the commune receiving the file shall issue a letter requesting the People's Committee of the commune where the person to be adopted resides to dispatch their judicial and civil registrar to cooperate in soliciting opinions of related parties.

b) In cases where it is not possible to dispatch a judicial and civil registrar to solicit opinions, the People's Committee of the commune receiving the file shall issue a letter requesting the People's Committee of the commune where the person to be adopted resides to solicit opinions of related parties.

Within ten days from the date of receipt of the request from the People's Committee of the commune receiving the file, the People's Committee of the commune where the person to be adopted resides shall dispatch their judicial and civil registrar to directly solicit opinions of related parties and send the results to the People's Committee that made the request.

3. Soliciting opinions must be documented in writing and comply with the requirements stipulated in Clause 2, Article 9 of this Decree.

Article 9. Requirements for reviewing files and soliciting opinions from related parties

1. When reviewing files, judicial officials - civil status officers must study and understand the thoughts, wishes, and circumstances of related parties. In cases where the adopted child has biological parents, the judicial official - civil status officer shall check whether the biological parents have agreed with the adoptive parents to retain their rights and obligations towards the child and the manner of exercising such rights and obligations after adoption.

2. When soliciting opinions from related parties as provided for in Articles 20 and 21 of the Law on Adoption, the judicial official - civil status officer must advise to ensure that children continue to be cared for, nurtured, and educated in accordance with the actual conditions and capabilities of the family.

In cases where adoption is the last resort for the best interests of the child, the judicial official - civil status officer must fully advise related parties about the purpose of adoption; the rights and obligations arising between adoptive parents and adopted children after registration of adoption; and the fact that biological parents will no longer have rights and obligations towards the child as stipulated in Clause 4, Article 24 of the Law on Adoption, unless there is a different agreement between the biological and adoptive parents.

3. In cases where related parties, due to insufficient understanding or being influenced by psychological or health factors, agree to adoption but later wish to change their opinion, they must notify in writing to the People's Committee of the commune where the adoption file is being processed within fifteen days from the date of solicitation of opinions. After this period, related parties may not change their opinion regarding the adoption of the child.

The procedures for registering adoption are carried out in accordance with Article 22 of the Law on Adoption and the specific provisions below:

2. In cases where the adopted child is abandoned and the section on parents in the Birth Certificate and Birth Registration Book kept by the People's Committee of the commune remains blank, based on the Certificate of Adoption, the judicial official - civil status officer supplements the information of the adoptive parents in the section on parents in the Birth Certificate and Birth Registration Book of the adopted child; in the note column of the Birth Registration Book, it must clearly state that they are adoptive parents.

3. In cases where there is an agreement between biological and adoptive parents, and the consent of the adopted child aged nine years or older to change the section on parents in the Birth Certificate and Birth Registration Book of the adopted child; then the People's Committee of the commune where the birth was registered shall re-register the birth of the adopted child and recover the old Birth Certificate; in the note column of the Birth Registration Book, it must clearly state that they are adoptive parents.

Section 2
ADOPTION FROM FOREIGN COUNTRIES

Article 11. Institutions for placing children for intercountry adoption

1. An institution for placing children for intercountry adoption is an institution established and operating legally in Vietnam; having sufficient conditions to care for, raise, and educate children in accordance with the law; having a staff team meeting the standards of ethics and expertise in the field of caring for, raising, and educating children and understanding the field of intercountry adoption; designated by the provincial People's Committee to place Vietnamese children for intercountry adoption.

2. The Department of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the Department of Justice and the agencies or organizations that establish the institutions to inspect, evaluate, and report to the provincial People's Committee for consideration and designation of institutions for placing children for intercountry adoption in accordance with Clause 1 of this Article.

3. The Department of Justice shall notify the Adoption Bureau of the list of institutions for placing children for intercountry adoption designated by the provincial People's Committee for monitoring and managing.

The Consular Service Department under the Ministry of Foreign Affairs (hereinafter referred to as the Consular Service Department) is responsible for establishing, updating, and notifying the Adoption Bureau of the list of countries exempting apostille for documents according to international treaties to which Vietnam is a member or based on the principle of reciprocity provided for in Article 30 of the Law on Adoption.

The documents of Vietnamese persons residing abroad or foreign nationals permanently residing abroad who wish to adopt Vietnamese children must include the papers prescribed in Clause 1 of Article 31 of the Law on Adoption.

When submitting the documents to the Adoption Bureau, the specific adoptive parent as stipulated in Clause 2 of Article 28 of the Law on Adoption must submit one set of documents of the person to be adopted and, depending on the case, must also have the corresponding papers as follows:

1. A copy of the marriage certificate of the stepparent with the birth mother or father of the person to be adopted.

2. Papers and documents to prove that the adoptive parent is the aunt, uncle, or cousin of the person to be adopted.

3. A copy of the decision of the competent authority in Vietnam allowing that person to adopt a Vietnamese child and papers and documents to prove that the adopted child is a sibling of the child to be adopted.

4. Papers and documents to prove that the child to be adopted falls within one of the cases prescribed in Clause 1 of Article 3 of this Decree.

Article 14. Documents of the person to be adopted

The documents of the person to be adopted must include the papers established in accordance with Article 32 of the Law on Adoption and the following specific provisions:

1. A summary of the characteristics, preferences, and habits of the child must truthfully record information about the health status and diseases (if any) of the child, notable daily preferences and habits of the child to facilitate the adoptive parent in caring for, raising, and educating the child after adoption.

In the case where a stepparent adopts their spouse's or partner's child, this document is not required.

2. For children in List 1, the following documents must be included:

a) A document from the Department of Justice accompanied by papers and documents regarding the notification of seeking a substitute family in Vietnam for the child in accordance with point c, Clause 2, Article 15 of the Law on Adoption;

b) A confirmation document from the Adoption Bureau regarding the expiration of the notification period in accordance with point d, Clause 2, Article 15 of the Law on Adoption but there is no person in Vietnam willing to adopt the child.

Article 15. Review of Documents and Solicitation of Opinions from Relevant Parties Regarding the Adoption of Children Abroad

2. The review of documents and solicitation of opinions must comply with the requirements stipulated in Clauses 1 and 2 of Article 9 of this Decree.

In cases where relevant parties, due to insufficient understanding, unclear comprehension of the advised issues, or being influenced by psychological or health factors, agree to the adoption of children but later wish to change their opinion, they must notify the Department of Justice in writing within thirty days from the date of solicitation. After this period, relevant parties may not change their opinion regarding the adoption of children.

Article 16. Requirements for Confirming that Children Meet the Conditions to be Adopted Abroad

For abandoned children who are to be adopted abroad, there must be a clear verification and conclusion document issued by the provincial police regarding the origin of the abandoned child and the inability to identify the biological parents.

2. The confirmation that children meet the conditions to be adopted must ensure that the children satisfy all requirements regarding age, specific designation, and referral procedures; the documents must include all valid papers.

Article 17. Procedures for Submitting and Accepting Adoption Applications from Foreign Nationals

The procedures for submitting and accepting adoption applications from overseas Vietnamese citizens and foreign nationals residing abroad who wish to adopt Vietnamese children shall be carried out in accordance with Clause 3 of Article 31 of the Law on Adoption and the following specific provisions:

Article 18. Requirements for the examination and appraisal of adoption files by foreign adoptive parents

The examination of the file of overseas Vietnamese residents and foreign nationals residing abroad who wish to adopt Vietnamese children shall be carried out in accordance with the provisions of Clause 1, Article 34 of the Adoption Law and the specific provisions set forth below:

a) Whether the adoptive parent has been guaranteed by the competent authority of the country where they reside that they meet the conditions for adoption under the laws of that country;

b) Whether the adoptive parent meets the conditions for adoption under Vietnamese law.

The Adoption Bureau shall transfer the adoption file of foreign adoptive parents to the Department of Justice in accordance with the provisions of Clause 3, Article 34 of the Adoption Law. The transfer of the file must be based on the number of children meeting the conditions for international adoption and the number of adoption files of adoptive parents that have been approved.

Article 20. Requirements for introducing children for international adoption

The introduction of children for international adoption shall be carried out in accordance with the provisions of Articles 35 and 36 of the Adoption Law and the specific provisions set forth below:

1. Based on the actual situation of the locality, the Department of Justice shall submit to the People's Committee of the province for issuance of inter-departmental coordination regulations to advise and consult on the introduction of children for international adoption, ensuring strictness, objectivity, and suitability with the needs and best interests of the children.

Section 3
CROSS-BORDER ADOPTION IN BORDER REGIONS

Article 21. Procedure for Resolving Cases of Foreign Nationals Residing in Border Areas of Neighboring Countries Adopting Vietnamese Children

1. Foreign nationals residing in border areas of neighboring countries who wish to adopt Vietnamese children permanently residing in Vietnam's border areas must submit an application along with the following documents issued by the competent authority of the neighboring country:

a) A copy of the Passport or equivalent document;

b) A criminal record certificate;

c) A document confirming that the adoptive parent meets the conditions for adoption as stipulated by the laws of that country;

d) A document confirming marital status;

đ) Health examination certificate;

e) Two recent full-body photographs, size 9 cm x 12 cm or 10 cm x 15 cm.

2. The documents specified in Clause 1 of this Article must be translated into Vietnamese and prepared in two sets of files. The adoptive parent must submit two sets of their own files together with two sets of the child’s files to the People's Committee of the commune where the adopted child resides; each set of the child's files shall include the documents prescribed in Article 18 of the Adoption Law.

When submitting the files, the adoptive parent must present the Passport or equivalent document for verification and pay the registration fee for adoption at the People's Committee of the commune according to Clause 1 of Article 40 of this Decree.

3. Within fifteen days from the date of receiving complete and valid files, the People's Committee of the commune shall examine the files, seek opinions from relevant persons as prescribed in Article 9 of this Decree, and send a document to the Department of Justice along with one set of the adoptive parent's files and one set of the child's files requesting an opinion.

4. Within ten days from the date of receiving the document from the People's Committee of the commune, the Department of Justice shall review the adoption application and respond in writing to the People's Committee of the commune.

5. Within five working days from the date of receiving the approval document from the Department of Justice, the People's Committee of the commune shall register the adoption and proceed with the handover of the child according to the procedures prescribed in Article 10 of this Decree; if the Department of Justice does not approve, the People's Committee of the commune shall respond in writing and specify the reasons to the adoptive parent.

1. Vietnamese citizens permanently residing in border areas who wish to adopt children of neighboring countries residing in border areas of neighboring countries must meet the conditions stipulated in Article 14 of the Adoption Law and the conditions prescribed by the laws of the neighboring country.

2. The adoption application file must include the documents prescribed in Article 17 of the Adoption Law and other documents required by the laws of the neighboring country; the number of files to be prepared shall comply with the laws of the neighboring country.

3. After completing the file, the adoptive parent shall submit the file to the Department of Justice. The Department of Justice shall examine the file and confirm if the person meets the conditions for adoption as stipulated in Article 14 of the Adoption Law.

4. After registering the adoption with the competent authority of the neighboring country, the adoptive parent must process the record of the adoption at the People's Committee of the commune where they reside.

Section 4
ACTUAL ADOPTION WITHOUT REGISTRATION

1. An actual adoption that has arisen between Vietnamese citizens before January 1, 2011, if it meets the conditions stipulated in Clause 1 of Article 50 of the Law on Adoption, shall be registered from January 1, 2011 to December 31, 2015 at the People's Committee of the commune where the adoptive parents and the adopted child are habitually resident.

2. The provisions of Clause 1 of this Article also apply to cases where Vietnamese citizens residing in border areas have received children from neighboring countries residing in border areas as adopted children before January 1, 2011 without registering with competent state agencies.

1. The person adopting must complete the Application for Registration of Actual Adoption and submit it to the People's Committee of the commune where they are habitually resident. The application must clearly state the date, month, and year when the actual adoption relationship arose, and must be signed by at least two witnesses.

2. The following documents must accompany the application:

c) A copy of the Marriage Certificate of the person adopting, if applicable;

d) Other documents or materials to prove the adoption, if applicable.

1. Within fifteen days from the date of receiving complete and valid documents, the People's Committee of the commune shall dispatch a judicial officer - civil registrar to cooperate with the police station to conduct verification and investigation; if both the adoptive parent and the adopted child are still alive, the parent-child relationship among the parties continues to exist, and the parties actually care for, nurture, and educate each other like parents and children, then the People's Committee of the commune shall register the adoption.

2. When registering the adoption, both the adoptive parent and the adopted child must be present. The judicial officer - civil registrar shall record in the Adoption Registration Book and issue the Adoption Certificate to the parties.

Section 5
ADOPTION BETWEEN VIETNAMESE CITIZENS TEMPORARILY RESIDING ABROAD

Article 26. Documents for Registration of Adoption

2. The documents of the person being adopted shall be prepared in one set, consisting of the papers specified in points a, b, and c of Article 18, Clause 1 of the Law on Adoption, and depending on the case, additional documents as prescribed in point d of Clause 1 of Article 18 of the Law on Adoption may also be required. In cases where the person being adopted resides abroad for six months or more, the health certificate and corresponding documents as prescribed in point d of Clause 1 of Article 18 of the Law on Adoption may be issued by the competent authority of the country where the person resides.

Article 27. Procedures for Submitting Applications and Registering Adoption at Overseas Representative Offices

2. Within ten days from the date of receiving complete and valid applications, the Overseas Representative Office shall examine the applications and seek opinions from relevant parties regarding the adoption. The examination of applications and solicitation of opinions from relevant parties must comply with the requirements stipulated in Article 9 of this Decree.

When registering the adoption, the adoptive parents, birth parents, guardians, and the adopted child must be present. The Overseas Representative Office shall record the adoption in the Adoption Registration Book and issue the Adoption Certificate to the parties, while simultaneously sending a notification letter to the National Adoption Agency and the Consular Department along with a copy of the Adoption Certificate.

Within thirty days from the date of receipt of the request document, the National Adoption Agency shall request relevant domestic authorities to review and verify and respond to the Overseas Representative Office.

In cases of refusal to register, the Overseas Representative Office shall notify the adopter in writing of the reasons.

Article 28. Reporting on the Development of Adopted Children and Monitoring Adoptions

Within three years from the date of handing over the adopted child, the adoptive parents are responsible for submitting periodic reports every six months to the Overseas Representative Office where they reside regarding the health, mental state, and integration of the adopted child with the adoptive parents, family, and community; if the adoption continues in Vietnam, the reporting on the development of the adopted child during this period shall be carried out in accordance with Article 23 of the Law on Adoption.

Chapter 6
RE-REGISTERING THE ADOPTION AND ACKNOWLEDGING THE ADOPTION REGISTERED WITH THE AUTHORIZED FOREIGN BODY ADOPING A REGISTERED STEPCHILD IN A FOREIGN COUNTRYOF A FOREIGN STATE

Article 29. Re-registering the Adoption

1. If the adoption has been registered with the competent authority of Vietnam but both the Household Registry and the original adoption registration documents are lost or damaged and cannot be used, re-registration may be conducted if both the adoptive parents and the adopted child are still alive at the time of the re-registration request.

2. The People's Committee of the commune where the adoptive parents and the adopted child usually reside or where the adoption was previously registered shall handle the re-registration of the adoption. The Department of Justice where the adoptive parents and the adopted child usually reside or where the adoption was previously registered shall handle the re-registration of the adoption involving foreign elements.

For cases of re-registering the adoption involving foreign elements, the Director of the Department of Justice shall submit to the Provincial People's Committee for approval to issue a Decision allowing Vietnamese children to be adopted abroad to the person requesting re-registration.

5. In the notes section of the original documents specified in Clause 4 of this Article and the Adoption Registration Book, it must clearly state that it is a re-registration.

Article 30. Recording of Adoption Registered with Foreign Competent Authorities

1. The registration of Vietnamese citizens adopting Vietnamese or foreign children that has been registered with foreign competent authorities shall be recognized in Vietnam and recorded in the Adoption Register, except in cases violating the provisions of Article 13 of the Law on Adoption.

2. The recording in the Adoption Register shall be carried out at the Department of Justice where the adoptive parents and adopted child are domiciled.

3. The person requesting the recording of adoption must present to the Department of Justice the original documents registering the adoption issued by the foreign competent authority.

4. The Department of Justice records the adoption in the Adoption Register and issues to the party a Certificate confirming the recording of the adoption.

Chapter III
PROCEDURES FOR ISSUANCE, EXTENSION, AMENDMENT, AND REVOCATION OF LICENSES ACTIVITIES OF FOREIGN ADOPTION ORGANIZATIONSIN VIETNAM

Article 31. Documents for Foreign Adoption Organizations Requesting Permission to Operate in Vietnam

1. The documents of foreign adoption organizations requesting permission to operate in Vietnam must include the following papers:

a) Application of the foreign adoption organization for permission to operate in Vietnam;

b) Copy of the Charter, Operating Regulations, or establishment document of the foreign adoption organization;

c) Copy of the license issued by the competent authority of the country where the organization was established, allowing the organization to operate in the field of international adoption in Vietnam;

d) Report on the operation situation in the field of international adoption in the last three years, including financial income and expenditure related to international adoption, not violating the law and confirmed by the competent authority of the country where the organization was established; if the organization has already operated in the field of international adoption in Vietnam, it must provide a report on its operation in Vietnam;

đ) Report evaluating the understanding of social workers and legal staff working at the foreign adoption organization regarding Vietnamese laws, culture, society, and international laws on adoption;

e) Personal history, criminal record certificate, copy of academic degrees and certificates of professional qualifications of the head of the foreign adoption organization;

Article 32. Qualifications of the Head of the Foreign Adoption Office in Vietnam

1. The head of the foreign adoption office in Vietnam must meet the following qualifications:

a) Being a Vietnamese citizen or a foreign citizen; if a Vietnamese citizen, they must not be a civil servant or public official as defined by law;

b) Having good moral character;

c) Not having a criminal record, not being prohibited from leaving or entering the country;

d) Understanding Vietnamese laws, culture, and society related to adoption and international laws on adoption.

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

Article 33. Procedure for Issuing Licenses to Foreign Adoption Organizations Operating in Vietnam

2. Within thirty days from the date of receiving the request from the Ministry of Justice, the Ministry of Public Security shall respond in writing to the Ministry of Justice.

4. The License is valid nationwide for a maximum period of five years from the date of issuance and may be renewed multiple times, with each renewal period not exceeding five years.

Article 34. Renewal of the License

1. A foreign adoption organization that has been issued a License to operate in Vietnam, if strictly adhering to legal regulations, shall be eligible for License renewal.

4. Within fifteen days from the date of receiving the request letter from the Ministry of Justice, the Ministry of Public Security shall respond in writing to the Ministry of Justice.

1. In cases where a foreign adoption organization changes its name, the location of its headquarters in the country of establishment, or the location of its foreign adoption office in Vietnam, the organization must submit a request to the Adoption Agency to note the change.

Within five working days from the date of receiving the request for noting the change, the Adoption Agency shall report to the Minister of Justice to record the change in the License; notify the Ministry of Public Security and the competent tax authority for coordination in management.

2. In cases where there is a change in the head of the foreign adoption office in Vietnam, the foreign adoption organization must submit a request to the Adoption Agency, accompanied by the License and two sets of documents of the person expected to head the foreign adoption office in Vietnam as stipulated in point g, Clause 1, Article 31 of this Decree.

Within five working days from the date of receiving complete and valid documents, the Adoption Agency shall review the application, report to the Minister of Justice requesting the Ministry of Public Security to provide comments, accompanied by one set of documents of the person expected to head the foreign adoption office in Vietnam.

Within fifteen days from the date of receiving the request from the Ministry of Justice, the Ministry of Public Security shall respond in writing to the Ministry of Justice.

Within five working days from the date of receiving the written response from the Ministry of Public Security, the Adoption Agency shall report to the Minister of Justice to approve the change in the head of the foreign adoption office in Vietnam and notify the Ministry of Public Security and the competent tax authority for coordination in management; in case of non-acceptance of the person expected to head the foreign adoption office in Vietnam, the Adoption Agency shall notify the reasons in writing to the foreign adoption organization.

Article 36. Revocation of the Permit

1. An overseas adoption organization shall have its permit to operate overseas adoption in Vietnam revoked according to Clause 3, Article 43 of the Adoption Law and the specific provisions below:

a) The overseas adoption organization has ceased operations in the country where it was established;

b) The competent authority of the foreign country does not allow the organization to continue operating in Vietnam;

c) The overseas adoption organization requests to terminate its operations in Vietnam before the term specified in the permit issued by the Ministry of Justice;

d) The permit for operation in Vietnam has expired and the organization did not request an extension or submitted a request but it was not granted;

đ) The permit is revoked according to Vietnamese law.

Article 37. Management of Overseas Adoption Organizations in Vietnam

1. Based on actual circumstances, after exchanging with the Central Authority on International Adoption of relevant countries, the Ministry of Justice shall coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs to determine the number of overseas adoption organizations permitted to operate in Vietnam.

2. The Ministry of Justice shall take the lead and coordinate with the Ministry of Public Security and related ministries, sectors, and localities to manage the offices of overseas adoption organizations in Vietnam.

Chapter IV
REGISTRATION FEES FOR ADOPTION, FEES FOR ISSUANCE, EXTENSION, AND AMENDMENT OF THE PERMIT OF OVERSEAS ADOPTION ORGANIZATIONS, COSTS FOR RESOLVING FOREIGN ADOPTION PERMIT OF OVERSEAS ADOPTION ORGANIZATIONS, COSTS FOR RESOLVING FOREIGN ADOPTIONCOSTS FOR RESOLVING FOREIGN ADOPTION

Article 38. Principles of Collection, Submission, Management, and Usage

2. Costs for resolving foreign adoption are amounts that foreigners who are not habitual residents in Vietnam must pay when adopting children in Vietnam to offset part of the costs for resolving foreign adoption.

The collecting agency is responsible for preparing annual revenue and expenditure budgets to submit to the competent authority for approval and implementing settlement according to current regulations.

Section 1
REGISTRATION FEES FOR ADOPTION, FEES FOR ISSUANCE, EXTENSION, AND AMENDMENT OF THE PERMIT OF OVERSEAS ADOPTION ORGANIZATIONS

The registration fees for adoption stipulated in Clause 1, Article 12 of the Adoption Law include domestic adoption registration fees, foreign adoption registration fees, and adoption registration fees at representative offices.

The fee levels for registration of adoption are set as follows:

1. Domestic adoption registration fee is four hundred thousand dong (400,000 dong) per case.

2. Foreign adoption registration fee is nine million dong (9,000,000 dong) per case.

3. Adoption registration fee at representative offices is three million dong (3,000,000 dong) per case. This fee level is converted into US dollars or the currency of the host country.

1. The People's Committee at the commune level shall collect the adoption registration fee for domestic adoptions.

2. The Adoption Agency shall collect the adoption registration fee for foreign adoptions.

3. The representative office shall collect the adoption registration fee for adoptions at the representative office.

1. Vietnamese citizens permanently residing in Vietnam must pay the adoption registration fee for domestic adoptions as stipulated in Clause 1, Article 40 of this Decree when submitting the adoption registration application to the People's Committee at the commune level. 

2. Vietnamese citizens residing abroad and foreigners not permanently residing in Vietnam must pay the adoption registration fee for foreign adoptions as stipulated in Clause 2, Article 40 of this Decree when submitting the adoption application to the Adoption Agency.

3. Vietnamese citizens temporarily residing abroad must pay the adoption registration fee as stipulated in Clause 3, Article 40 of this Decree when submitting the adoption application to the representative office.

1. The adoption registration fee for domestic adoptions shall be waived for cases where a stepfather or stepmother adopts their spouse’s child; an uncle, aunt, cousin, or brother-in-law adopts their nephew or niece; adopting children as specified in Clause 1, Article 3 of this Decree; and adopting children in remote areas.

2. The adoption registration fee for foreign adoptions shall be reduced by 50% for cases where a stepfather or stepmother adopts their spouse’s child; an uncle, aunt, cousin, or brother-in-law adopts their nephew or niece.

For cases where two or more siblings are adopted, the adoption registration fee for foreign adoptions shall be reduced by 50% starting from the second child onwards.

3. The adoption registration fee shall be waived for actual adoption registrations as stipulated in Article 23, re-registration of adoptions as stipulated in Article 29, and recognition and recording of adoptions registered abroad as stipulated in Article 30 of this Decree.

1. The People's Committee at the commune level and the representative office may use the adoption registration fee to support inspection and review of applications; directly seek opinions from relevant parties regarding adoption; monitor and report on the situation of adoption and other activities as prescribed by law.

2. The Adoption Agency may use 50% of the adoption registration fee for foreign adoptions as stipulated in Clause 2, Article 40 of this Decree for the following purposes:

a) Inspect and review the application of the adoptive parent, obtain opinions from psychological, medical, family, and social experts to comprehensively assess the adoptive parent's conditions;

b) Transfer the application of the adoptive parent to the Department of Justice;

c) Communicate, send documents, and exchange correspondence with foreign authorities to resolve adoption matters;

d) Print and distribute forms, documents, and registers related to adoption;

đ) Collect, process, compile statistics, and report data on international adoptions;

e) Collect, monitor, compile, and evaluate reports on the development of children adopted abroad;

g) Purchase office supplies, office materials, and necessary equipment directly related to processing adoption applications;

h) Purchase and repair assets and equipment directly serving the collection of fees;

i) Pay individuals directly responsible for collecting fees, including salaries, wages, allowances, and contributions as prescribed based on salary, excluding expenses for civil servants receiving state budget salaries according to regulations.

3. The Department of Justice may use 50% of the adoption registration fee for foreign adoptions as stipulated in Clause 2, Article 40 of this Decree for the following purposes:

a) Inspect and review the application of children being adopted;

b) Obtain opinions from relevant parties regarding the adoption of children;

c) Introduce children for adoption by foreigners; obtain opinions from psychological, medical, family, and social experts to introduce children for adoption;

d) Transfer the introduction application of children for adoption to the Ministry of Justice to notify the adoptive parent;

đ) Collect, process, compile statistics, and report data on international adoptions;

e) Purchase office supplies, office materials, and necessary equipment directly related to processing adoptions.

1. The amounts of fees for issuing, extending, and amending licenses for foreign adoption organizations operating in Vietnam shall be as follows:

a) Fee for issuing a license is sixty-five million Vietnamese dong (65,000,000 VND) per license;

b) Fee for extending a license is thirty-five million Vietnamese dong (35,000,000 VND) per extension;

c) Fee for amending a license is two million Vietnamese dong (2,000,000 VND) per amendment.

2. The Adoption Agency shall collect the fees when foreign adoption organizations submit applications for issuance, extension, or amendment of their licenses to operate in Vietnam.

The fees for issuing, extending, and amending licenses for foreign adoption organizations operating in Vietnam shall be used for the following purposes:

1. Receiving, inspecting, and evaluating the applications of foreign adoption organizations for issuance, extension, or amendment of their licenses to operate in Vietnam.

2. Interviewing, inspecting, and assessing the qualifications and professional experience of individuals proposed to head the foreign adoption offices in Vietnam.

3. Inspecting the conditions, status, and legal capacity of foreign adoption organizations in the countries where they were established.

4. Monitoring, managing, and organizing training sessions for foreign adoption offices in Vietnam.

5. Tracking reports and directly inspecting the development situation of Vietnamese children adopted abroad.

Section 2
FEES FOR RESOLVING FOREIGN ADOPTIONS

Article 47. Amounts of Fees for Resolving Foreign Adoptions and the Collecting Authority

1. The amount of fees for resolving foreign adoptions is fifty million Vietnamese dong (50,000,000 VND) per case.

This amount does not include service, travel, accommodation costs, and other actual expenses incurred directly by the adoptive parent, including the cost of transporting the child abroad after being approved for adoption.

Article 48. Persons Subject to Payment and Exemption from Payment of Fees for Resolving Foreign Adoptions

1. Foreign nationals who are not permanent residents in Vietnam must pay the fees for resolving foreign adoptions when they agree to adopt Vietnamese children introduced for adoption according to Clause 3, Article 36 of the Adoption Law.

2. Foreign nationals who are not permanent residents in Vietnam adopting children specified in Clause 1, Article 3 of this Decree are exempted from paying the fees for resolving foreign adoptions.

Article 49. Usage of Fees for Resolving Foreign Adoptions

1. The collecting authority shall transfer ninety-five percent (95%) of the fee amount stipulated in Clause 1, Article 47 of this Decree to the provincial budget for allocation and use to improve the quality of services for protecting and caring for children locally, including:

a) Seventy percent (70%) of the fee amount stipulated in Clause 1, Article 47 of this Decree shall be used for nurturing, caring for, educating children, and improving material conditions and equipment serving the needs and interests of children;

b) Fifteen percent (15%) of the fee amount stipulated in Clause 1, Article 47 of this Decree shall be used to supplement salaries and enhance the capabilities of staff at care facilities;

c) Five percent (5%) of the fee amount stipulated in Clause 1, Article 47 of this Decree shall be used for verifying the origins of children given up for adoption;

d) Five percent (5%) of the fee amount stipulated in Clause 1, Article 47 of this Decree shall be used for completing adoption procedures and transferring children.

Authorities and organizations using the funds are responsible for utilizing them effectively and for their intended purpose, maintaining records, and annually reporting to the Provincial People's Committee while sending consolidated reports to the Department of Justice for submission to the Ministry of Justice.

2. The collecting authority may retain five percent (5%) of the fee amount stipulated in Clause 1, Article 47 of this Decree to cover the costs of collecting and transferring fees; issuing receipts for payment; maintaining records and ensuring proper and effective use of these funds; compiling and publicly reporting annually on the collection, payment, and usage of fees for resolving foreign adoptions nationwide in accordance with regulations and international practices.

Chapter V
IMPLEMENTING PROVISIONS

Article 50. Transitional Provisions  

1. Applications for domestic adoption received by the People's Commune People's Committee before January 1, 2011, and not yet resolved shall continue to be processed according to the provisions of the Marriage and Family Law 2000, Government Decree No. 158/2005/NĐ-CP dated December 27, 2005 on management and registration of household registers, and related documents.

2. Applications for foreign adoption received by the Adoption Agency and notified to adoptive parents about children eligible for adoption before January 1, 2011, and not yet resolved shall continue to be processed according to the provisions of Government Decree No. 68/2002/NĐ-CP dated July 10, 2002 detailing and guiding the implementation of certain articles of the Marriage and Family Law concerning family relations involving foreign elements, Government Decree No. 69/2006/NĐ-CP dated July 21, 2006 amending and supplementing certain articles of Government Decree No. 68/2002/NĐ-CP dated July 10, 2002 detailing and guiding the implementation of certain articles of the Marriage and Family Law concerning family relations involving foreign elements, and related documents.

3. Foreign adoption organizations that have been granted permission to establish foreign adoption offices in Vietnam before January 1, 2011, may continue to operate until September 30, 2011; if they wish to continue operations, they must meet the required conditions and obtain a license for foreign adoption activities in Vietnam according to the Adoption Law and this Decree.

Article 51. Repeal provisions on adoption in related Decrees

1. Repeal Chapter IV "Adoption" from Article 35 to Article 64, Article 71 and other relevant provisions on international adoption in Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing and guiding the implementation of certain articles of the Marriage and Family Law regarding marriage and family relations with foreign elements.

2. Repeal Clauses 8, 9, 10, 11, 12, 13 of Article 2 and other relevant provisions on international adoption in 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 and guiding the implementation of certain articles of the Marriage and Family Law regarding marriage and family relations with foreign elements.

3. Repeal Articles from Article 25 to Article 28 and other relevant provisions on procedures for registering adoption in Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on management and registration of household records.

4. Repeal Chapter IV "Registration of Adoption" from Article 15 to Article 17 in Decree No. 32/2002/NĐ-CP dated March 27, 2002 of the Government on the application of the Marriage and Family Law to ethnic minorities.

Article 52. Effective date

1. This Decree takes effect from May 8, 2011.

2. The Ministry of Justice shall organize the implementation of this Decree./.