Circular No. 21/2011/TT-BTP On the Management of Overseas Adoption Offices in Vietnam

CIRCULAR

Regarding the management of foreign adoption offices in Vietnam

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

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

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

The Ministry of Justice issues this Circular on the management of foreign adoption offices in Vietnam as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on implementing certain provisions of the Adoption Law and Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of some articles of the Adoption Law (hereinafter referred to as Decree No. 19/2011/NĐ-CP) regarding procedures for issuing, extending, and amending licenses for foreign organizations to operate international adoption in Vietnam; rights and obligations of foreign adoption offices in Vietnam; inspection, supervision, and handling of violations against foreign adoption offices in Vietnam.

Article 2. Foreign adoption organizations permitted to operate in Vietnam.

2. Foreign adoption organizations granted permission to operate in Vietnam shall operate under the form of foreign adoption offices.

Foreign adoption offices shall have separate bank accounts and seals in accordance with the law.

3. Foreign adoption organizations are responsible for all activities of foreign adoption offices in Vietnam.

Foreign adoption offices may participate in the implementation of procedures to resolve Vietnamese children's adoption by foreign parents according to the Adoption Law, Decree No. 19/2011/NĐ-CP, and this Circular.

Chapter II
GUIDANCE ON CERTAIN PROCEDURES FOR ISSUING, EXTENDING, AND AMENDING

LICENSES FOR FOREIGN ADOPTION ACTIVITIES

Article 4. Regarding the application dossier for issuance, extension, and amendment of the business license

1. The application dossier of foreign adoption organizations for issuing, extending, or amending licenses for operating foreign adoption activities in Vietnam must comply with the provisions of Articles 31, 34, and 35 of Decree No. 19/2011/NĐ-CP and the following guidelines:

a) A certified copy of the license of the foreign adoption organization as stipulated at point c, Clause 1, Article 31 of Decree No. 19/2011/NĐ-CP must be a certified copy clearly indicating that the organization operates in the field of foreign adoption in Vietnam or international adoption;

b) In cases where the foreign adoption organization has been operating in the field of foreign adoption in Vietnam, the report on its operational situation in Vietnam as stipulated at point d, Clause 1, Article 31 and Clause 2, Article 34 of Decree No. 19/2011/NĐ-CP must be signed and stamped by the head of the foreign adoption organization.

Article 5. Procedures for Issuance, Extension, and Amendment of Business License

1. The procedure for issuing, extending, and amending licenses for operating foreign adoption activities in Vietnam by foreign adoption organizations is carried out in accordance with the provisions of Articles 33, 34, and 35 of Decree No. 19/2011/NĐ-CP and the following guidelines:

b) In cases where the foreign adoption organization is authorized by the competent authority of the foreign country to operate in Vietnam for a shorter period than the maximum period prescribed in Clause 4, Article 33 of Decree No. 19/2011/NĐ-CP, the license for operating foreign adoption activities in Vietnam will only be issued or extended for the duration of the license granted by the competent authority of the foreign country to the foreign adoption organization.

2. Foreign adoption organizations that actively support finding substitute families for disabled children, HIV-infected children, and other seriously ill children and meet all legal requirements shall be given priority in considering the issuance of licenses for operating foreign adoption activities in Vietnam.

Chapter III
RIGHTS AND OBLIGATIONS OF FOREIGN ADOPTION OFFICES

Article 6. Acting on behalf of adoptive parents to handle adoption procedures in Vietnam

a) Completing the dossier of the adoptive parent according to Vietnamese law;

b) Submit the dossier of the adoptive parent to the Adoption Bureau and pay the registration fee for foreign adoption as prescribed;

c) Supplement documents and papers in the dossier of the adoptive parent as required by the Adoption Bureau;

d) Send photos and information about the child to the adoptive parent after obtaining approval from the competent authority in Vietnam to introduce the child for adoption;

đ) Take the child introduced for adoption to undergo health checks or examinations with the consent of the head of the childcare facility;

g) Paying the costs for processing foreign adoption according to regulations;

h) Supporting the adoptive parent in immigration, travel, residence, and translation procedures when they come to Vietnam to complete the adoption procedures;

k) Supporting the adoptive parent in the adoption handover ceremony;

2. The foreign adoption office shall not represent the adoptive parents legally.

1. Foreign adoption offices that have special programs to find substitute families for children with disabilities, children infected with HIV, or children suffering from other serious illnesses must submit detailed documents of such programs to the Adoption Agency, including descriptions of the capabilities of responsible staff, preparations for adoptive parents, and post-adoption monitoring measures.

2. In providing support for finding substitute families for children with disabilities, children infected with HIV, or children suffering from other serious illnesses as stipulated in point c, Clause 2, Article 43 of the Law on Adoption, foreign adoption offices may carry out activities specified from point a to point e and from point h to point l of Clause 1, Article 6 of this Circular, and the following activities:

a) Proactively select and notify the Adoption Agency of a list of prospective adoptive parents who are willing and qualified to adopt children with disabilities, children infected with HIV, or children suffering from other serious illnesses.

b) Assist in health checks, medical examinations, testing, or additional assessments to complete the health records of children and provide care for children with disabilities, children infected with HIV, or children suffering from other serious illnesses at the request of the Adoption Agency.

c) Provide comprehensive and detailed information about the health records of children with disabilities, children infected with HIV, or children suffering from other serious illnesses to prospective adoptive parents so they can consider their ability to adopt the child after receiving written approval from the Adoption Agency.

Article 8. Leasing premises, using Vietnamese labor

Foreign adoption organizations may lease premises and employ Vietnamese workers at foreign adoption offices in Vietnam according to point đ, Clause 2, Article 43 of the Law on Adoption and the following guidelines:

1. Foreign adoption organizations must submit to the Adoption Agency a notification letter containing the address of the office, telephone number, fax number, postal address of the foreign adoption office in Vietnam, and one copy of the lease agreement (if applicable).

2. In cases where Vietnamese workers are employed at foreign adoption offices in Vietnam, foreign adoption organizations must sign labor contracts in accordance with Vietnamese law and submit to the Adoption Agency a notification letter containing the list of employees working at the office, contact addresses, and one copy of the labor contract. Employees working at foreign adoption offices must have appropriate professional qualifications, relevant work experience, and good moral character.

Article 9. Obligation to report on the development status of children

a) Before October 31st each year, foreign adoption offices must submit to the Adoption Agency a consolidated report on the development status of Vietnamese children supported for adoption abroad by that foreign adoption office. The consolidated report must be completed in accordance with Model 1 attached to this Circular, fully and truthfully reflecting all information regarding the development status of children.

b) The consolidated report on the development status of Vietnamese children must be signed by the head of the foreign adoption organization, stamped, and translated into Vietnamese. The translation must be certified according to Vietnamese law before submission to the Adoption Agency.

4. Strict compliance with the obligation to report on the development status of Vietnamese children adopted abroad is considered one of the bases for the Adoption Agency to accept applications for adopting Vietnamese children through foreign adoption organizations.

2. Strict compliance with the obligation to report on the operational status of foreign adoption offices is considered one of the bases for considering the extension of the operating permit for foreign adoption organizations in Vietnam.

Chapter IV
INSPECTION, AUDIT, AND VIOLATION HANDLING

FOR FOREIGN ADOPTION OFFICES

Article 11. Inspection Authority

2. In cases where necessary or upon request from relevant ministries or agencies, the Ministry of Justice shall establish an inter-ministerial team to inspect foreign adoption offices in Vietnam.

Article 12. Content of Inspection

a) Compliance with the non-profit principle of foreign adoption offices: financial income and expenditure situations and bookkeeping systems of foreign adoption offices in Vietnam;

b) Compliance with the operating license for foreign adoption activities issued by the Ministry of Justice;

c) Results of facilitating children's adoption through the support of foreign adoption offices;

d) Compliance with regulations, guidelines, and directives related to the professional operations of foreign adoption offices;

e) Fulfillment of reporting obligations as stipulated in Articles 9 and 10 of this Circular;

2. The inspection of personnel of foreign adoption offices includes:

a) Compliance with the qualifications of the head of foreign adoption offices as stipulated in Article 32 of Decree No. 19/2011/NĐ-CP;

b) Execution of labor contracts and compliance with the qualifications of staff of foreign adoption offices as stipulated in Clause 2 of Article 8 of this Circular;

c) Other issues related to the organizational structure of personnel of foreign adoption offices in Vietnam.

3. Inspection of compliance with legal provisions regarding office leasing (if applicable).

Article 13. Procedure for Conducting Inspections

1. Inspections of foreign adoption offices in Vietnam shall be conducted annually or at random.

2. For annual inspections, the Adoption Agency must notify foreign adoption offices at least five working days in advance of the inspection time, composition, content, plan, and location; in case of surprise inspections, at least one working day's notice must be given.

3. When conducting inspections, a record must be made of the inspection contents; the record must have the signature of the head of the inspection team and the head of the foreign adoption office. In cases where the inspection results show violations by the foreign adoption office that need to be addressed promptly, the head of the inspection team shall immediately propose to the competent authority to apply temporary preventive measures to mitigate the consequences of the violation and propose handling measures for the foreign adoption office.

Article 14. Oversight of Activities of Foreign Adoption Offices

1. The Inspectorate of the Ministry of Justice shall conduct oversight of all foreign adoption offices in Vietnam.

2. The procedures and formalities for overseeing the activities of foreign adoption offices shall be carried out in accordance with the law on oversight.

Article 15. Rewards and Handling of Violations

The Director of the Adoption Bureau implements commendation systems for foreign adoption offices or reports to the Minister of Justice for commendation according to regulations.

2. Foreign adoption offices, their heads, and employees who violate this Circular and other Vietnamese laws in the field of intercountry adoption may, depending on the nature and degree of the violation, be subject to administrative penalties or criminal liability as provided by law.

Chapter V
IMPLEMENTING PROVISIONS

Article 16. Abolition of Relevant Legal Normative Documents

The Decision No. 09/2006/QĐ-BTP dated November 30, 2006, issued by the Minister of Justice regarding the Regulation on Managing Foreign Adoption Offices in Vietnam is hereby abolished.

Article 17. Effective Date

This Circular takes effect from January 5, 2012.

1. The Adoption Bureau organizes the implementation of this Circular and coordinates with functional units of the Ministry of Public Security, the Ministry of Foreign Affairs, and provincial Departments of Justice to manage foreign adoption offices in Vietnam.

2. During the implementation process, if there are difficulties or new issues arise, the Adoption Bureau has the responsibility to report to the Minister of Justice for timely guidance./.