Decree No. 24/2019/ND-CP amends and supplements certain Articles of Decree No. 19/2011/ND-CP dated March 21, 2011, of the Government detailing the implementation of certain provisions of the Law on Adoption.

DECREE DECREE

Provincial People's Committees set specific pricesto amend and supplement detailed information in the system, đArticle of Decree

Decision No. 19/2011/NĐ-CP dated March 21, 2011 of the Government

detailing the implementation of certain provisions of the Law on Adoption

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||| 19 ENVIRONMENTJune 2024;energy 6 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;15;

Pursuant to the Law on Adoption dated June 17, 2010;

At the proposal of the Minister of Justice;

1. Conditions for economic organizations conducting foreign exchange trading agency activities (excluding border country currency exchange activities). Decision No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain provisions of the Law on Adoption.

Article 1. Amending and supplementing some articles of Decision No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain provisions of the Law on Adoption

"1. Implementation principles as prescribed in Article 4, Chapter I, Decree No. 27/2022/NĐ-CP."

"1. In cases of domestic adoption where a stepfather or stepmother adopts a stepchild of their spouse, or an uncle, aunt, cousin, or uncle adopts a nephew or niece; or in cases where abandoned children who have not been transferred to care facilities are adopted, the People's Committee of the commune where the adoptive parent resides or where the child to be adopted resides shall register the adoption. In cases where children from care facilities are adopted, the People's Committee of the commune where the care facility is located shall register the adoption."

2. Amending and supplementing Clause 1 of Article 3 as follows:

"1. Children with disabilities or suffering from serious illnesses, as specified in point d, Clause 2, Article 28 of the Law on Adoption, include children with cleft lip and palate; blind in one or both eyes; deaf-mute; clubfoot or clubhand; missing fingers or toes; infected with HIV; heart disease; absence of anus or genitalia; blood diseases; other disabilities requiring urgent or lifelong treatment."

Article 4. Supporting, receiving, managing, and using humanitarian aid at care facilities

The support, receipt, management, and use of humanitarian aid for the purpose of caring for, educating, and enhancing the capacity of staff working with children at care facilities shall be carried out in accordance with the provisions of Article 7 of the Law on Adoption, laws governing the receipt, management, and use of donations and grants for public and private care facilities, and the following specific provisions:
1. Individuals and organizations within and outside Vietnam provide humanitarian aid through programs, projects, non-project assistance, or donations to the Child Welfare Fund.
2. When providing humanitarian aid, individuals and organizations may not require care facilities to place children up for adoption; care facilities may not commit to placing children up for adoption due to having received humanitarian aid. If individuals and organizations provide monetary humanitarian aid, it must be done through the account of the care facility.
3. When providing and receiving humanitarian aid, in addition to complying with the provisions of Clauses 1 and 2 of this Article, foreign adoptive parents, foreign adoption organizations permitted to operate in Vietnam, and care facilities shall perform the following responsibilities:
a) Foreign adoptive parents inform foreign adoption organizations about humanitarian aid provided in Vietnam;
b) Every six months and annually, or upon request, foreign adoption organizations report to the Department of Adoption under the Ministry of Justice (hereinafter referred to as the Department of Adoption) on humanitarian aid provided by adoptive parents and organizations;

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

"Article 6. Review and find adoptive parents for children
c) Every six months and annually, or upon request, care facilities report on the receipt, use, and management of humanitarian aid in accordance with the law and report to the Department of Adoption on the receipt, management, and use of humanitarian aid provided by foreign adoptive parents and organizations permitted to operate in Vietnam."

1. In cases where abandoned children, orphaned children, or children without guardians are temporarily being cared for or substituted by individuals, families, or organizations in accordance with the law, the People's Committee of the commune shall review and assess monthly whether these children need to be adopted. If there are Vietnamese citizens residing in Vietnam willing to adopt the children, the People's Committee of the commune shall consider and resolve or guide the resolution of the adoption according to the law.

2. In cases where abandoned children, orphaned children, or children without guardians are placed in care facilities, the care facility shall assess whether these children need to be adopted. If there are Vietnamese citizens residing in Vietnam willing to adopt the children, the care facility shall hand over one set of the child's dossier to the adoptive parent to register the adoption.

3. The search for adoptive parents for children shall be conducted as follows:

If there are no Vietnamese citizens residing in Vietnam willing to adopt the children, the care facility shall prepare a dossier for the child including documents and materials as stipulated in points a and b, Clause 1, Article 32 of the Law on Adoption, and seek the opinion of the supervising authority. Within five working days from the date of receiving the complete dossier, the supervising authority shall send its opinion along with the child's dossier to the Department of Justice to announce the search for adoptive parents.
a) When receiving the child's dossier as stipulated in Clause 2 of this Article, if there are Vietnamese citizens residing in Vietnam registering their desire to adopt according to Article 16 of the Law on Adoption, the Department of Justice shall hand over one set of the child's dossier to the adoptive parent and introduce the adoptive parent to the People's Committee of the commune where the care facility is located to consider and resolve the adoption according to the law;

For children subject to the provisions of Clause 1, Article 3 of this Decree, the Department of Justice shall confirm that the child meets the conditions for being adopted and submit one set of the child's dossier, including the documents and materials as stipulated at Point a and Point b, Clause 1, Article 32 of the Adoption Law and Clause 3, Article 16 of this Decree to the Adoption Agency to find a specific adoptive parent who has suitable conditions for caring for and raising the child.

5. Amend and supplement Clause 2, Clause 3 of Article 10 as follows:

"2. Based on the Certificate of Adoption, upon the request of the adoptive parents and with the consent of the adopted child who is nine years old or older, the competent authority for household registration shall implement the change of the surname, middle name, and given name of the adopted child in accordance with civil law and household registration law. 3. The supplementation and modification of information about the father and mother in the Birth Registration Certificate of the adopted child shall be carried out in accordance with the regulations of the law on household registration."

"2. For children subject to the introduction procedure, the following documents must be provided:"
a) A document from the Department of Justice accompanied by documents and materials regarding the notification of finding substitute families within the country for the child in accordance with point c, Clause 2, Article 15 of the Adoption Law;

b) A confirmation document from the Adoption Department regarding the expiration of the notification period as prescribed in point d, Clause 2, Article 15 of the Adoption Law but no domestic person has adopted the child.

"3. At the adoption handover ceremony, the Department of Justice shall hand over one set of the child's dossier, including the documents specified in Clause 1, Article 32 of the Adoption Law and the document seeking the opinions of the biological parents or guardians and the opinion of the child who is nine years old or older regarding their agreement to the child being adopted; in cases where the child is living in a care facility, there must also be a document seeking the opinion of the Director of the care facility regarding the child being adopted."

7. Amending and supplementing Article 16 as follows:

"1. Before confirming that the child meets the conditions for being adopted abroad as stipulated in Clause 2, Article 33 of the Adoption Law, the Department of Justice shall review and assess the child's dossier and compare it with the regulations concerning the subjects and age of children eligible for adoption, including cases of specific adoption and cases requiring the introduction procedure."

For abandoned children being placed for adoption abroad, there must be a clear verification and conclusion document from the provincial police regarding the origin of the abandoned child and the inability to identify the biological parents.

In cases where abandoned children have been verified by the provincial police to have information about their biological parents and the Department of Justice can contact the biological parents, the Department of Justice shall seek the opinion of the biological parents before confirming that the child meets the conditions for being adopted.

In cases where it is not possible to contact the biological parents, the Department of Justice shall post a notice at its office within sixty days from the date of receiving the verification results, and simultaneously send a letter requesting the People's Committee of the last place of residence of the biological parents to post a notice at its office regarding the adoption of the child. The posting period is sixty days from the date the People's Committee receives the letter from the Department of Justice.

2. The confirmation that the child meets the conditions for being adopted must ensure that the child satisfies all requirements regarding age, eligibility for specific adoption, and eligibility for adoption through the introduction procedure; the dossier must include all valid documents.

In cases where children meet conditions for adoption, the Department of Justice must issue a confirmation document for each specific case.

3. After confirming that the child meets the conditions for being adopted abroad, the Department of Justice shall send to the Adoption Agency a confirmation document stating that the child meets the conditions for being adopted, a verification document from the provincial police for cases of abandoned children, a document seeking the opinions of the biological parents or guardians and the opinion of the child who is nine years old or older regarding their agreement to the child being adopted; in cases where the child is living in a care facility, there must also be a document seeking the opinion of the Director of the care facility regarding the child being adopted.

8. Amend and supplement Clause 3 Article 20 as follows:

"3. While reviewing the resolution of adoption matters as stipulated in Clause 2, Article 28 and Clause 2, Article 36 of the Adoption Law, the Adoption Agency may seek the opinions of psychological, medical, family, and social experts. If the child meets the conditions for being adopted abroad, the resolution of the child's adoption ensures compliance with the prescribed procedures and meets the best interests of the child, the Adoption Agency shall notify in writing the adoptive parent, the Central Authority on Adoption of the relevant foreign country, along with a report evaluating the child's eligibility for adoption abroad and a document seeking the opinions of the biological parents or guardians and the opinion of the child who is nine years old or older regarding their agreement to the child being adopted; in cases where the child is living in a care facility, there must also be a document seeking the opinion of the Director of the care facility regarding the child being adopted. In cases where the child does not meet the conditions for being adopted, the resolution of the child's adoption does not comply with the prescribed procedures and does not meet the best interests of the child, the Adoption Agency shall notify the Department of Justice."

"Article 30. Recording Adoption Matters Resolved by Competent Authorities of Foreign Countries in the Adoption Register

1. Adoption matters between Vietnamese citizens or between Vietnamese citizens and foreigners resolved by competent authorities of foreign countries shall be recorded in the Adoption Register in the following cases:"

a) The adoption has been resolved in accordance with the provisions of international treaties to which both Vietnam and the country where the adoption was resolved are parties;

b) The adoption has been resolved in accordance with the laws of the foreign country, except in cases violating fundamental principles of the law of the Socialist Republic of Vietnam.

2. Competence and procedures for recording adoptions resolved by competent authorities of foreign countries in the Adoption Register shall be implemented in accordance with the law on household registration.

For cases of adoption resolved according to Point a, Clause 1 of this Article, in addition to the documents specified in Clause 1, Article 49 of the Household Registration Law, the dossier must also include a certification document from the competent authority of the foreign country confirming that the adoption was conducted in accordance with international treaties.

3. The Adoption Agency shall publish on the Ministry of Justice's electronic portal a list of countries with cooperative relations with Vietnam under international treaties on adoption."

Article 2. Repeal and replace certain provisions of Decree No. 19/2011/NĐ-CP dated March 21, 2011, detailing the implementation of some articles of the Law on Adoption.

1. Replace the phrase "recognition of adoption registered with the competent authority of a foreign country" with "registration in the Adoption Register of adoptions resolved by the competent authority of a foreign country" in Clause 2, Article 1 and Section 6, Chapter II.

2. Delete the phrase "of the head of the foreign adoption organization as provided for in Point e and" in Clause 3, Article 5.

3. Repeal Clause 3, Article 3, Article 11, Point d and Point e, Clause 1, Article 31.

This Circular takes effect from December 25, 2025/.

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Decree.

Article 4. Implementation provisions

This Decree takes effect from April 25, 2019./.