Consolidated Document number 275/VBHN-BTP detailing the implementation of certain provisions of the Law on Adoption

DECREE

DETAILING IMPLEMENTATION OF CERTAIN ARTICLES OF THE ADOPTION LAW

Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing implementation of certain articles of the Adoption Law, effective from May 8, 2011, has been amended and supplemented by:

1. Decree No. 114/2016/NĐ-CP dated July 8, 2016 of the Government detailing registration fees for adoption, fees for issuing licenses to foreign adoption organizations, effective from January 1, 2017;

2. Decree No. 24/2019/NĐ-CP dated March 5, 2019 of the Government amending and supplementing certain articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing implementation of certain articles of the Adoption Law, effective from April 25, 2019;

3. Decree No. 06/2025/NĐ-CP dated January 8, 2025 of the Government amending and supplementing certain articles of decrees on adoption, effective from January 8, 2025.

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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^[1],

DECREE:

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree details the acceptance, management, and use of humanitarian support for the care, upbringing, and education of children with special circumstances under Article 7; the authority to collect, rates, exemptions, reduction, management, and use of costs for resolving international adoptions under Article 12; procedures for resolving domestic adoptions between Vietnamese citizens and citizens of neighboring countries residing in border areas under Article 42;^[2] and procedures for issuing, extending, and amending licenses for foreign adoption organizations operating in Vietnam under Article 43; procedures for registering domestic adoptions between Vietnamese citizens before January 1, 2011, which were not registered according to Article 50 of the Adoption Law. ^[3]2. This Decree guides the implementation of certain issues regarding authority, procedures, and processes for resolving domestic adoptions, adoptions at Vietnamese representative offices abroad (hereinafter referred to as Representative Offices), and intercountry adoptions under Articles 9, 15, 17, 18, 20, 21, 22, 28, 30, 31, 32, 33, 34, and 36 of the Adoption Law; re-registering adoptions and recording in the Adoption Register adoptions resolved by competent authorities in foreign countries.

Article 2. Authority to register adoptions^[4].

The authority to register adoptions shall be carried out in accordance with Article 9 of the Adoption Law and the specific provisions below:

For domestic adoptions, where a stepfather or stepmother adopts a stepchild of their spouse; or an aunt, uncle, or cousin adopts a niece or nephew, 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 abandoned children who have not yet been transferred to care facilities are adopted, the People's Committee of the commune where the abandonment was recorded shall register the adoption; in cases where children in care facilities are adopted, the People's Committee of the commune where the care facility is located shall register the adoption.

1.^[5] 2. For international adoptions, the People's Committee of the province or centrally governed municipality (hereinafter referred to as Provincial People's Committee) where the person to be adopted permanently resides shall decide to allow that person to be adopted; in cases where children in care facilities are adopted, the Provincial People's Committee where the care facility is located shall decide to allow those children to be adopted.

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

3. For adoptions between Vietnamese citizens temporarily residing abroad, the Representative Office where the person to be adopted or the adoptive parent is temporarily residing shall register the adoption; in cases where both parties are temporarily residing in a country without a Representative Office, the adoptive parent shall submit the adoption registration application to the most convenient Representative Office for them.

3. In cases of adoption between Vietnamese citizens temporarily residing abroad, the relevant authority representing the place of temporary residence of the adoptee or the adopter shall register the adoption; if both parties are temporarily residing in a country without such an authority, then the adopter shall submit the adoption registration application to the most convenient representative authority for them.

Article 3. Disabled children and children suffering from serious illnesses may be adopted specifically

1.^[6] Disabled children and children 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; children who are blind in one or both eyes; children who are deaf or mute; children with clubfoot or clubhand; children without fingers or toes; children infected with HIV; children with heart diseases; children without an anus or genitalia; children with blood diseases; and other disabled children or children suffering from other serious illnesses requiring urgent or lifelong treatment.

2.^[7] Children falling within the scope specified in Clause 1 of this Article, if adopted abroad, shall be exempted from the procedure for introducing children for adoption as stipulated in Clause 1, Article 36 of the Law on Adoption.

3.^[8](Repealed)

Article 4. Support, reception, management, and utilization of humanitarian aid at care facilities^[9]

The support, reception, management, and utilization of humanitarian aid aimed at caring for, educating, and nurturing children and enhancing the capacity of staff working with children at care facilities shall be carried out in accordance with Article 7 of the Law on Adoption, laws governing the receipt, management, and utilization of foreign aid and donations for public and private care facilities, and the following specific provisions:

1. Individuals and organizations inside and outside the country provide humanitarian aid through programs, projects, non-project grants, or donations to the Child Welfare Fund.

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

In cases where individuals and organizations provide humanitarian aid in the form of money, 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 and foreign adoption organizations permitted to operate in Vietnam, and care facilities shall have the following responsibilities:

a) Foreign adoptive parents shall inform foreign adoption organizations about the humanitarian aid provided in Vietnam;

b) Every six months and annually, or upon request, foreign adoption organizations shall report to the Ministry of Justice^[10] the amounts of humanitarian aid provided by adoptive parents and organizations;

c) Every six months and annually, or upon request, care facilities shall report on the receipt, use, and management of humanitarian aid in accordance with the law and report to the Ministry of Justice^[11] on the receipt, management, and utilization of humanitarian aid provided by foreign adoptive parents and organizations permitted to operate in Vietnam.

Article 5. Validity Period and Value of Documents^[12]

1. Health examination certificates, family circumstances confirmation documents, residence status, and economic condition certificates of domestic adoptive parents as stipulated in Article 17 of the Law on Adoption and health examination certificates as stipulated in point d, Clause 1, Article 21 of this Decree shall be valid if issued no more than six months prior to the submission of the application at the People's Committee of the commune.

2. Health status confirmation documents, psychological, family investigation reports, income and asset confirmation documents as stipulated in Clause 1, Article 31 of the Law on Adoption, health examination certificates, and documents regarding the characteristics, preferences, and notable habits of children as stipulated in Clause 1, Article 32 of the Law on Adoption shall be valid if issued, granted, or confirmed no more than twelve months prior to the submission of the application at the competent authority.

3. Criminal record certificates issued by foreign competent authorities for adoptive parents as stipulated in point g, Clause 1, Article 31 of the Law on Adoption and point b, Clause 1, Article 21 of this Decree, and individuals expected to head foreign adoption offices in Vietnam as stipulated in point g, Clause 1, Article 31 of this Decree shall be valid if issued no more than twelve months prior to the submission of the application at the competent authority.

4. Documents in the adoption application files of adoptive parents and children to be adopted, and application files for issuance, extension, or amendment of the operating license of foreign adoption organizations in Vietnam, which are established, issued, or confirmed by competent authorities, organizations, or individuals, if erased, altered, or contain false information, shall be invalid. The person who commits such acts of erasing, altering, or providing false information shall be subject to legal penalties.If there is an act of deleting, altering, or falsifying the content or information in declarations that are not true to reality, such acts shall have no legal effect.organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Any person who engages in acts of deleting, altering, or falsifying the content or declaring false information shall be subject to legal sanctions as prescribed by law..

Chapter II. SPECIFIC PROVISIONS ON CERTAIN PROCEDURES FOR HANDLING ADOPTION MATTERS

Section 1. DOMESTIC ADOPTION

Article 6. Review and identify potential adoptive parents for children ^[13]

1. In cases where abandoned children, orphaned children with both parents deceased, or children without guardianship are temporarily cared for by individuals, families, or organizations in accordance with the law, the People's Committee of the commune shall review and assess the need for these children to be adopted every six months. If there are Vietnamese citizens residing in Vietnam who wish to adopt the child, the People's Committee of the commune shall consider and resolve the adoption matter in accordance with the law, or guide the resolution process. If there are no Vietnamese citizens residing in Vietnam willing to adopt the child, the People's Committee of the commune shall prepare a document along with the child's file and send it to the Department of Justice to find potential adoptive parents as stipulated in Clause 3 of this Article, while simultaneously reporting to the People's Committee of the district for their knowledge.

2. In cases where abandoned children, orphaned children with both parents deceased, or children without guardianship reside in care facilities, the care facility shall evaluate the need for these children to be adopted, establish a child's file including documents and materials as prescribed in Clause 1, Article 18 of the Adoption Law, and seek opinions from the Department of Labor, Invalids, and Social Affairs if the facility falls under provincial management, or the People's Committee of the district if the facility falls under district management. Within five working days from the date of receiving the complete file, the Department of Labor, Invalids, and Social Affairs or the People's Committee of the district shall provide their opinion to the Department of Justice along with the child's file to announce the search for adoptive parents as stipulated in Clause 3 of this Article.

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

a) Upon receiving the child's file as prescribed in Clause 1 and Clause 2 of this Article, if there are Vietnamese citizens residing in Vietnam who have registered their desire to adopt a child in accordance with Article 16 of the Adoption Law, the Department of Justice shall verify the eligibility of the adoptive parent before providing one set of the child's file to the adoptive parent and introducing the adoptive parent to the People's Committee of the commune with jurisdiction over the adoption matter to consider and resolve the adoption in accordance with the law.

If there are no Vietnamese citizens residing in Vietnam who have registered their desire to adopt a child, the Department of Justice shall announce the search for adoptive parents in accordance with the method and time frame prescribed in Point c, Clause 2, Article 15 of the Adoption Law;

b) During the announcement period at the provincial level, if there are Vietnamese citizens residing in Vietnam who have registered their desire to adopt a child in accordance with Article 16 of the Adoption Law, the Department of Justice shall implement as prescribed in Point a of this Clause. After the announcement period has expired, if there are no Vietnamese citizens residing in Vietnam willing to adopt the child, the Department of Justice shall submit a list of children to the Ministry of Justice to announce the search for adoptive parents in accordance with the method and time frame prescribed in Point d, Clause 2, Article 15 of the Adoption Law;

c) During the national-level announcement period, if Vietnamese citizens residing in Vietnam have the willingness and meet the conditions to adopt a child, they should contact the Department of Justice to follow the procedures prescribed in Point a of this Clause.

At the end of the national-level announcement period, if there are no Vietnamese citizens residing in Vietnam willing to adopt the child, for children specified in Clause 2 of this Article, the Ministry of Justice shall notify the Department of Justice to confirm that the child meets the conditions for international adoption.

For children specified in Clause 1 of this Article, if there are no Vietnamese citizens residing in Vietnam willing to adopt the child, the Ministry of Justice shall notify the Department of Justice to request the People's Committee of the commune to establish a file to place the child in a care facility if the child cannot be provided with alternative appropriate care as prescribed by law. If the care facility evaluates the need for the child to be adopted and establishes a child's file as prescribed in Clause 2 of this Article, there is no need to repeat the domestic search for adoptive parents;

d) The content of the announcement seeking adoptive parents for children must ensure the right to privacy, personal confidentiality, and family confidentiality of the child as prescribed by law.

Article 7. Adoption File of the Adoptive Parent^[14]

The adoption file of the adoptive parent within the country shall be established in one set, including the documents prescribed in Article 17 of the Law on Adoption and shall be carried out as follows:

1. The adoptive parent submits the adoption file to the People's Committee of the commune where it has jurisdiction over the adoption matter through direct submission, sending the file via the postal system or submitting online in accordance with the provisions of the law on administrative procedures implemented in the electronic environment.

As for the Criminal Record Sheet prescribed in Clause 3 of Article 17 of the Law on Adoption, the adoptive parent shall submit Criminal Record Sheet No. 1.

2. In case the adoptive parent submits an electronic Criminal Record Sheet, the People's Committee of the commune where it has jurisdiction over the adoption matter can access information and data about personal background, marital status of the adoptive parent from the National Population Database, specialized databases, then the adoptive parent does not need to submit the paper version of the documents prescribed in Clauses 2, 3, and 4 of Article 17 of the Law on Adoption.

The search results shall be stored electronically or in paper form by the People's Committee of the commune, reflecting fully and accurately the information at the time of the search and attached to the adoptive parent's file.

3. As for the Confirmation Document of Family Circumstances, Place of Residence, and Economic Conditions of the Adoptive Parent prescribed in Clause 5 of Article 17 of the Law on Adoption: In case the adoptive parent has a place of usual residence different from their current place of residence, within two working days from the date of receiving the request of the adoptive parent, the People's Committee of the commune where the adoptive parent usually resides directly verifies within five working days or issues a document requesting the People's Committee of the commune where the adoptive parent currently resides to carry out verification and evaluation of family circumstances, place of residence, and economic conditions of the adoptive parent. Within five working days from the date of receipt of the request document,, the People's Committee of the commune where the adoptive parent currently resides carries out verification and evaluation according to the content of the Confirmation Document of Family Circumstances, Place of Residence, and Economic Conditions of the Adoptive Parent and issues a document notifying the evaluation results to the People's Committee of the commune where the adoptive parent usually resides.

Article 8. Responsibility for Soliciting Opinions of Related Parties on Adoption

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

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

a) In case of dispatching a judicial-civil registrar directly to solicit opinions, the People's Committee of the commune receiving the file shall issue a document requesting the People's Committee of the commune where the person to be adopted usually resides to dispatch its judicial-civil registrar to cooperate in soliciting opinions of related parties.

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

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

3. Soliciting opinions must be reflected in writing and comply with the requirements prescribed in Clause 2 of 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 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 must 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 stipulated in Articles 20 and 21 of the Law on Adoption, judicial officials - civil status 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 must fully advise related parties about the purpose of adoption; the rights and obligations arising between adoptive parents and adopted children after registering adoption; and the fact that biological parents will no longer have rights and obligations towards the child as prescribed 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 unclear comprehension of advised issues or influenced by psychological or health factors, agree to adoption but later wish to change their opinion, they must notify in writing the People's Committee of the commune where the adoption file is being processed within fifteen days from the date of solicitation. After this period, related parties may not change their opinion regarding the adoption of the child.

Article 10. Procedures for Registering Adoption

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

1.^[15] Within five working days from the end of the period for changing opinions as stipulated in Clause 3 of Article 9 of this Decree, the People's Committee of the commune shall proceed to register adoption and organize the transfer of the adopted child. The transfer of the adopted child shall take place at the office of the People's Committee of the commune where the adoption registration is made, in the presence of the adoptive parents, biological parents, guardians, or representatives of the care facility, and the person being adopted. If one of the adoptive parents or biological parents of the child cannot be present at the transfer due to objective reasons, they must authorize the other party.

The judicial official - civil status records in the Adoption Registration Book and delivers the Certificate of Domestic Adoption to the transferring and receiving parties. The electronic version of the Certificate of Domestic Adoption is sent to the individual's electronic data management repository or personal email. The transfer of the adopted child must be documented in a record, signed or thumb-printed by all parties and a representative of the People's Committee of the commune handling the adoption.

2.^[16] Based on the Certificate of Adoption, upon request of the adoptive parents and consent of the adopted child who is nine years old or older, the competent authority for civil status registration shall implement changes to the surname, middle name, and given name of the adopted child in accordance with civil law and civil status law.

3.^[17] Supplementing or changing information about parents in the Birth Registration Certificate of the adopted child shall be carried out in accordance with the law on civil status.

Article 10a. Reporting on the Development of Adopted Children^[18]

1. In cases where adoptive parents change their place of residence before the deadline for reporting on the development of adopted children has expired, the adoptive parents shall continue to report on the development of the adopted child to the People's Committee of the commune where they have moved until the reporting period ends as prescribed in Clause 1 of Article 23 of the Law on Adoption.

2. The People's Committee of the commune where the adoptive parent, moves to shall be responsible for checking and monitoring the implementation of adoption according to the provisions of Clause 2 of Article 23 of the Law on Adoption.

Section 2. ADOPTION OF FOREIGN CHILDREN

Article 11.^[19] (Repealed)

Article 12.^[20] (Repealed)

Article 13. Documents of the Adopter

The documents of Vietnamese persons residing abroad and foreign persons residing abroad who wish to adopt Vietnamese children must include the documents specified in Clause 1 of Article 31 of the Law on Adoption.

When submitting the documents to the Ministry of Justice,^[21]the specific adopter as defined 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 provide corresponding documents as follows:

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

2. Documents and materials to prove that the adopter is an aunt, uncle, cousin, or uncle of the person to be adopted.

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

4. Documents and materials to prove that the child to be adopted falls under one of the situations prescribed in Clause 1 of Article 3 of this Decree.

5.^[22] Confirmation letter from the Public Security Office of the commune where the adopter resides in Vietnam and other documents and materials proving that the adopter is a foreigner working or studying continuously in Vietnam for at least one year, calculated from the date of submission of documents to the Ministry of Justice.

Article 14. Documents of the Person to be Adopted

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

1. A summary of the characteristics, preferences, and habits of the child, truthfully recording information about the child's health, illness status (if any), preferences, and daily habits worth noting to facilitate the adopter in caring for, raising, and educating the child after adoption.

In cases where a stepparent adopts his or her spouse's or partner's child, this document is not required.

2.^[23] For children who are processed through referral procedures, the following documents must be provided:

a) A document from the Department of Justice accompanied by papers and materials regarding the notification of seeking alternative families within the country for the child as prescribed in Point c, Clause 2 of Article 15 of the Law on Adoption;

b) A confirmation document from the Ministry of Justice^[24] regarding the expiration of the notification period as prescribed in Point d, Clause 2 of Article 15 of the Law on Adoption but there is no domestic person willing to adopt the child.

3.^[25] At the adoption ceremony, the Department of Justice hands over one set of documents of the child to the adoptive parents including the documents specified in Clause 1 of Article 32 of the Law on Adoption and a document collecting the opinions of the biological parents or guardians and the opinion of the child aged nine years or older on agreeing to the child being adopted; in cases where the child lives in a care facility, a document collecting the opinion of the Director of the care facility on allowing the child to be adopted must also be provided.

Article 15. Examination of Documents and Solicitation of Opinions from Relevant Parties on Placing Children for Adoption Abroad

1.^[26] The Department of Justice shall examine the documents and dispatch civil servants to solicit opinions from relevant parties regarding placing children for adoption abroad in accordance with Clause 1 of Article 33 of the Law on Adoption.

In cases where the biological parents or guardians of the child reside in another locality, the Department of Justice responsible for handling the adoption matter shall dispatch a civil servant or send a written request to the Department of Justice where the biological parents or guardians reside to solicit their opinions on placing the child for adoption abroad. Within five working days from the date of receipt of the request from the Department of Justice handling the adoption matter, the Department of Justice where the biological parents or guardians reside shall proceed to solicit opinions on placing the child for adoption abroad in accordance with the law and send the solicited opinions in writing to the Department of Justice handling the adoption matter.

2. The examination 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, lack of clarity about the issues advised, or influenced by psychological or health factors, agree to place the child for adoption but later wish to change their opinion, they must notify the Department of Justice handling the adoption matter in writing within thirty days from the date of solicitation of opinions. After this period, relevant parties may not change their opinion on placing the child for adoption.

Article 16. Requirements for Confirming that Children Meet Conditions for Adoption Abroad^[27]

1.^[28] Prior to confirming that children meet conditions for adoption abroad as prescribed in Clause 2 of Article 33 of the Law on Adoption, the Department of Justice shall examine and assess the children's documents and compare them with the provisions concerning the subjects and age of children eligible for adoption, and the procedures required for referral, as well as the provisions set forth in Clause 2 of Article 28 of the Law on Adoption.

In cases where abandoned children are placed for adoption abroad, there must be a clear verification and conclusion document from the Provincial Police regarding the origin of the abandoned child, the inability to identify the biological parents, and the absence of any issues related to human trafficking. If the child's documents indicate that the biological parents reside in another locality, the Provincial Police handling the adoption matter shall directly verify or send a written request to the Provincial Police where the biological parents' residence information is recorded to conduct the verification.

In cases where abandoned children are 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 solicit the opinions of the biological parents before confirming that the child meets the conditions for adoption.

In cases where it is impossible to contact the biological parents, the Department of Justice shall post notices at its office for sixty days from the date of receipt of the verification results, and simultaneously send a written request to the People's Committee of the commune where the biological parents' residence information is recorded to post notices at the People's Committee office regarding the placement of the child for adoption. The posting period is sixty days from the date the People's Committee receives the request from the Department of Justice. Within five working days from the end of the posting period, the People's Committee shall send a written report to the Department of Justice informing about the posting results in the locality.

2. Confirmation that children meet the conditions for adoption must ensure that the children satisfy all requirements regarding age, specific subjects eligible for adoption, and procedures requiring referral; the documents must include all valid papers.

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

3.^[29] After confirming that children meet the conditions for being placed for adoption abroad, the Department of Justice shall submit to the Ministry of Justice a file including the documents specified in Clause 1 of Article 32 of the Law on Adoption, along with the confirmation document that the children meet the conditions for being placed for adoption abroad, the verification document from the Provincial Police for cases of abandoned children, the document expressing the opinions of the biological parents or guardians and the opinions of children aged nine years or older agreeing to be placed for adoption, and the document reflecting the opinion of the Director of the care facility regarding the placement of the child for adoption in cases where the child resides in a care facility.

Article 17. Procedures for submission and acceptance of adoption dossier by foreign adopters

The procedures for submission and acceptance of dossiers by overseas Vietnamese and foreigners residing abroad who wish to adopt Vietnamese children shall be carried out in accordance with the provisions of Clause 3, Article 31 of the Adoption Law and the specific provisions set forth below:

1.^[30] In cases where adoption is conducted in accordance with points a, b, c, and d of Clause 2, Article 28 of the Adoption Law, the adopter submits the dossier to the Ministry of Justice through direct submission or sending the dossier via postal service. If the adopter authorizes a person residing in Vietnam to submit the dossier on their behalf, a power of attorney must be provided. The power of attorney issued, certified, or confirmed by an authorized authority in a foreign country must be translated into Vietnamese; the legalization of this power of attorney shall be carried out in accordance with the relevant laws.

2.^[31] In cases where adoption of a child living at a care facility is concerned, the adopter who is a resident of a country that is a member of an international agreement on adoption with Vietnam shall submit the dossier to the Ministry of Justice through an adoption organization permitted to operate in Vietnam. The adoption organization may choose to submit the dossier directly to the Ministry of Justice or send the dossier via postal service.

In cases where the adopter resides in a country without an approved adoption organization operating in Vietnam, the adopter shall submit the dossier to the Ministry of Justice through the central adoption authority of the country where the adopter resides, or through the diplomatic or consular agency of that country in Vietnam.

3. The Ministry of Justice^[32] examines and accepts the dossier of the adopter based on the number of Vietnamese children meeting the conditions to be adopted abroad.

Article 18. Requirements for examination and verification of the dossier of foreign adopters

The examination of the dossier of overseas Vietnamese and foreigners 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:

1. After receiving the complete dossier from the adopter, the Ministry of Justice^[33] examines and verifies the dossier to determine:

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

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

2. During the verification process, if deemed necessary, the Ministry of Justice^[34] seeks opinions from experts in psychology, healthcare, family, and society to determine whether the adopter has the best conditions to care for, raise, and educate the adoptee.

3. The dossier of the adopter will be accepted if it meets the requirements stipulated in Clauses 1 and 2 of this Article; in cases where it is not accepted, the Ministry of Justice^[35] returns the dossier and provides the reasons in writing.

Article 19. Transfer of adopter's dossier to Provincial Department of Justice ^[36]

1. For cases specified in points a, b, and c of Clause 2, Article 28 of the Adoption Law, the Ministry of Justice transfers the dossier of the adopter to the Provincial Department of Justice for the Provincial Department of Justice to verify and check the dossier of the child to be adopted, seek opinions from related parties regarding the adoption resolution, and confirm that the child to be adopted meets the conditions to be adopted abroad.

2. In cases where the child lives at a care facility as defined in Clause 1, Article 3 of this Decree, after receiving the dossier of the child and the documents as prescribed in Clause 3, Article 16 of this Decree, the Ministry of Justice issues a document requesting foreign adoption offices in Vietnam to find individuals suitable for caring for and raising the child. After finding individuals suitable for caring for and raising the child, the Ministry of Justice resolves the adoption of the child abroad according to the methods and deadlines stipulated in Clauses 2 and 3, Article 36 of the Adoption Law and transfers the dossier of the adopter to the Provincial Department of Justice to complete the procedure.

3. In cases where the adoption of a child living at a care facility is resolved through referral procedures, the Ministry of Justice transfers the dossier of the adopter to the Provincial Department of Justice as prescribed in Clause 3, Article 34 of the Adoption Law to implement the referral of the child. The transfer of the dossier must be based on the number of children meeting the conditions to be adopted abroad and the number of dossiers of adopters already accepted, ensuring the selection of the most suitable family for the child.

Article 20. Requirements for Introducing Children for Overseas Adoption

The introduction of children for overseas adoption shall be carried out in accordance with Articles 35 and 36 of the Law on Adoption 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 at the provincial level for issuance of a circular on inter-departmental coordination regulations to advise and consult in the introduction of children for overseas adoption, ensuring strictness, objectivity, and suitability with the best interests of the children.

2\. After introducing children for overseas adoption, the Department of Justice shall report to the People's Committee at the provincial level for comments. In case the People's Committee at the provincial level agrees with the introduction of children for overseas adoption, within no more than five working days from the date of agreement by the People's Committee at the provincial level, the Department of Justice shall transfer one set of the child's dossier along with the written approval of the People's Committee at the provincial level to the Ministry of Justice.^[37] If the People's Committee at the provincial level disagrees with the introduction by the Department of Justice, it shall notify the reasons in writing so that the Department of Justice can re-introduce. If, three months from the date of disagreement by the Provincial People's Committee, the Department of Justice has not been able to introduce, the Department of Justice must return the dossier of the adoptive parent to the Ministry of Justice^[38] along with a written statement detailing the reasons.

3.^[39] While reviewing the results of handling overseas adoption according to Clause 2 of Article 28 and Clause 2 of Article 36 of the Law on Adoption, the Ministry of Justice shall seek opinions from experts in psychology, healthcare, family, and society when necessary. If the child meets the conditions for overseas adoption, the process of approving the child for overseas adoption shall comply strictly with the prescribed procedures and meet the best interests of the child. The Ministry of Justice shall notify in writing the adoptive parent, the Central Agency for Adoption in the country where the adoptive parent resides, and attach the following documents:

a\. Report on the assessment of the Vietnamese child meeting the conditions for overseas adoption;

b\. Birth certificate of the child;

c\. Decision on acceptance for children in care facilities;

d\. Health examination certificate of the child;

đ\. Written opinion of the birth parents or guardians, and the opinion of the child aged nine years or older regarding the adoption; written opinion of the Director of the care facility regarding the adoption for children living in care facilities.

In case the child does not meet the conditions for adoption, the process of approving the child for adoption does not comply with the prescribed procedures or does not meet the best interests of the child, the Ministry of Justice shall notify the Department of Justice.

Section 3. CROSS-BORDER ADOPTION IN BORDER AREAS

Article 21. Procedures for Handling 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\. Copy of Passport or equivalent document;

b\. Criminal record sheet;

c\. Certificate confirming that the adoptive parent meets the conditions for adoption under the laws of their country;

d\. Certificate of 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 made into two sets of dossiers. The adoptive parent must submit two sets of their own dossier and two sets of the child's dossier to the People's Committee at the commune level where the adopted child resides; each set of the child's dossier includes the documents stipulated in Article 18 of the Law on Adoption.

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

3\. Within fifteen days from the date of receiving complete valid dossiers, the People's Committee at the commune level shall examine the dossiers, seek opinions from relevant persons as stipulated in Article 9 of this Decree, and send a written document to the Department of Justice along with one set of the adoptive parent's dossier and one set of the child's dossier for consultation.

4\. Within ten days from the date of receipt of the written document from the People's Committee at the commune level, the Department of Justice shall review the adoption application dossier and respond in writing to the People's Committee at the commune level.

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

Article 22. Procedure for confirming that Vietnamese citizens residing in border areas meet the conditions to adopt children from neighboring countries residing in border areas, and registering the adoption in the Adoption Register at the competent authority of the neighboring country.^[40]

1. Vietnamese citizens residing in border areas who wish to adopt children from neighboring countries residing in border areas must satisfy the conditions stipulated in Article 14 of the Law on Adoption.

2. The application dossier for confirmation of meeting the adoption conditions must include the documents specified in Article 17 of the Law on Adoption and shall be prepared in one set.

3. The person adopting the child may submit the application dossier to the People's Committee of the district where they reside through direct submission. sending the file via the postal system or submitting online in accordance with the provisions of the law on administrative procedures implemented in the electronic environment.

The People's Committee of the district shall examine the dossier and confirm if the person meets the adoption conditions stipulated in Article 14 of the Law on Adoption. The document confirming the satisfaction of the conditions shall be delivered to the applicant via email, electronic data management system, postal service, or at the People's Committee of the district.

4. After registering the adoption with the competent authority of the neighboring country, the adopter must complete the procedure to record the adoption in the People's Committee of the district where they reside, in accordance with the law on household registration.

Section 4. ACTUAL ADOPTION WITHOUT REGISTRATION

Article 23. Registration of actual adoption

1. Actual adoption between Vietnamese citizens that occurred before January 1, 2011, which satisfies the conditions stipulated in Clause 1 of Article 50 of the Law on Adoption, may 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 reside.

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

Article 24. Dossier for registering actual adoption

1. The adopter must prepare an Application Form for registering actual adoption and submit it to the People's Committee of the commune where they reside. The form must clearly indicate the date, month, and year when the actual adoption relationship was established, and must be signed by at least two witnesses.

2. The following documents must accompany the Application Form:

a) A copy of the Identity Card and Household Registration Book of the adopter;

b) A copy of the Identity Card or Birth Certificate of the adopted child;

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

d) Other documents and materials to prove the actual adoption, if available.

Article 25. Procedure for registering actual adoption

1. Within fifteen days from the date of receiving a complete and valid dossier, the People's Committee of the commune shall dispatch a judicial officer - household registrar to cooperate with the police station to conduct inspections and verifications; if both the adopter and the adopted child are still alive, the parent-child relationship among the parties continues to exist, and the parties have been actually caring for, nurturing, and educating 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 adopter and the adopted child must be present. The judicial officer - household registrar shall record the adoption in the Adoption Register and issue the Adoption Certificate to the parties.

Section 5. ADOPTION BETWEEN VIETNAMESE CITIZENS TEMPORARILY RESIDING ABROAD

Article 26. Adoption Registration Documents

1.^[41] The adoption registrant's file consists of one set, including the documents stipulated in Article 17 of the Adoption Law.

As for the Criminal Record Sheet prescribed in Clause 3 of Article 17 of the Law on Adoption, the adoptive parent shall submit Criminal Record Sheet No. 1.

In cases where the adoption registrant submits an electronic criminal record form, Representative Office and the information on personal background and marital status of the adoption registrant can be retrieved from the National Population Database and specialized databases, the adoption registrant is not required to submit paper copies of the documents specified in Clauses 2, 3, and 4 of Article 17 of the Adoption Law.

The retrieval results are stored electronically or in paper form, reflecting fully and accurately the information at the time of retrieval and attached to the adoption registrant's file. Representative Office stored in electronic form or on paper, accurately reflecting all information at the time of inquiry and attached to the adoption applicant's file.

If the adoption registrant has resided abroad for six months or more, the criminal record form, health examination certificate, family circumstances confirmation document, residence status, and economic condition document may be issued by the competent authority of the country where the registrant resides.

2. The adoptee's file consists of one set, including the documents prescribed in Points a, b, c, and depending on the case, also includes the corresponding documents stipulated in Point d, Clause 1 of Article 18 of the Adoption Law. If the adoptee has resided abroad for six months or more, the health examination certificate and the corresponding documents stipulated in Point d, Clause 1 of Article 18 of the Adoption Law may be issued by the competent authority of the country where the adoptee resides.

Article 27. Procedures for Submitting Files and Registering Adoption with the Overseas Representative Office

1.^[42] The adoption registrant submits their own file and the adoptee's file to the overseas representative office as prescribed in Clause 3 of Article 2 of this Decree through direct submission. sending the file via the postal system or submitting online in accordance with the provisions of the law on administrative procedures implemented in the electronic environment.

2. Within ten days from the date of receiving complete and valid files, the overseas representative office reviews the files and solicits opinions from relevant parties regarding the adoption. The file review and opinion solicitation must comply with the requirements stipulated in Article 9 of this Decree.

3. If it is determined that all parties meet the conditions stipulated in Article 14 of the Adoption Law, within twenty days from the date of soliciting opinions from relevant parties, the overseas representative office registers the adoption.

When registering the adoption, the adoptive parents, birth parents, guardians, and adoptee must be present. The overseas representative office records the adoption in the Adoption Registration Book and issues the Adoption Certificate to the parties, simultaneously sending a notification letter to the Ministry of Justice^[43] and the Consular Service Department along with a copy of the Adoption Certificate.

4. In cases where the adoption file is unclear and requires verification by domestic authorities, the overseas representative office sends a document with a copy of the file to the Ministry of Justice^[44]and concurrently sends it to the Consular Service Department requesting verification.

Within thirty days from the date of receipt of the request document, the Ministry of Justice^[45] requests relevant domestic authorities to verify and respond to the overseas representative office.

In cases of refusal to register, the overseas representative office informs the adoption registrant of the reasons in writing.

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

Within three years from the date of adoption, adoptive parents shall be responsible for submitting periodic reports every six months to the representative agency where they reside regarding the health status, mental state, and integration of adopted children with their adoptive parents, family, and community; in cases where adoption continues to be implemented in Vietnam, the reporting on the development of adopted children during this period shall be carried out in accordance with Article 23 of the Law on Adoption.

Section 6. RE-REGISTRATION OF ADOPTION AND ENTRY INTO THE ADOPTION REGISTRY OF AN ADOPTION THAT HAS BEEN RESOLVED BY FOREIGN AUTHORITIES^[46]

Article 29. Re-registration of Adoption

1. In cases where adoption has been registered at competent state agencies in Vietnam but both the Household Register and the original adoption registration documents have been 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 requesting re-registration.

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 carry out the re-registration of adoption. The Department of Justice where the adoptive parents and the adopted child usually reside or where the adoption was previously registered shall carry out the re-registration of foreign-related adoption.

3.^[47] The person requesting re-registration of adoption may choose to submit the Application for Re-registration of Adoption through direct submission, sending via the postal system, or submitting online in accordance with the law on administrative procedures in the electronic environment. The application must include a declaration of truthfulness from the person requesting re-registration regarding the previous adoption registration and signatures of at least two witnesses. The People's Committee of the commune or the Department of Justice must clearly explain to the person requesting re-registration of adoption about the responsibilities and legal consequences of making false declarations. Within the scope of their authority to resolve, the People's Committee of the commune or the Department of Justice may refuse re-registration of adoption or propose the competent authority to revoke the result of re-registration of adoption if there is evidence that the contents of the declaration are not true.

Within five working days from the date of receiving all valid documents, the Chairman of the People's Committee of the commune shall sign the Certificate of Domestic Adoption. The original Certificate of Domestic Adoption shall be sent to the person requesting re-registration via the postal system or returned directly at the People's Committee of the commune. The electronic version of the Certificate of Domestic Adoption shall be sent to the personal data management database or personal email.

4.^[48] For cases of re-registration of foreign-related adoption, the Department of Justice shall report to the People's Committee of the province for decision so that the Department of Justice can proceed with subsequent procedures.

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

Article 30. Entry into the Adoption Registry of an Adoption That Has Been Resolved by Foreign Authorities

1. An adoption between Vietnamese citizens or between a Vietnamese citizen and a foreigner that has been resolved by foreign authorities shall be entered into the Adoption Registry in the following cases: ^[49]

a) The adoption has been resolved in accordance with the provisions of an international treaty to which Vietnam and the country where the adoption was resolved are both 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. The authority and procedures for entering into the Adoption Registry an adoption that has been resolved by foreign authorities shall be carried out in accordance with the law on household registration.

For cases of adoption resolved in accordance with point a of Clause 1 of this Article, in addition to the documents specified in Clause 1 of Article 49 of the Household Registration Law, the file must also contain a certificate from the competent authority of the foreign country confirming that the adoption has been carried out in accordance with the international treaty.

publish on the Ministry of Justice's electronic information portal a list of countries that have cooperative relations with Vietnam under international treaties on adoption.

3. The Ministry of Justice^[50] PROCEDURES FOR ISSUING, EXTENDING, AMENDING, REVOKING LICENSES FOR FOREIGN ADOPTION ORGANIZATIONS OPERATING IN VIETNAM

Chapter III. PROCEDURES FOR ISSUING, EXTENDING, AMENDING, REVOKING THE LICENSE FOR FOREIGN ADOPTION ORGANIZATIONS TO OPERATE IN VIETNAM

Article 31. Documents of foreign child adoption organizations applying for permission to operate in Vietnam

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

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

b) A copy of the Charter, Operating Regulations or establishment document of the foreign child adoption organization;

c) A copy of the permit issued by the competent authority of the country where the organization was established, allowing the organization to operate in the field of international child adoption in Vietnam;

d) Report on the operation situation in the field of international child adoption in the last three years, including financial income and expenditure related to international child adoption without violation of laws 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 child adoption in Vietnam, it must provide a report on its operation in Vietnam;

đ)^[51] (Repealed)

e)^[52] (Repealed)

g) Personal history statement^[53]criminal record certificate, copies of diplomas and certificates of professional qualifications of the person expected to head the foreign child adoption office in Vietnam, and the document of the organization approving such appointment.

2. The papers specified in Clause 1 of this Article shall be prepared in two sets and submitted to the Ministry of Justice.^[54].

Article 32. Standards for the Head of the Foreign Child Adoption Office in Vietnam

1. The Head of the Foreign Child Adoption Office in Vietnam must meet the following standards:

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 exiting or entering the country;

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

2. One person can only head one Foreign Child Adoption Office in Vietnam.

Article 33. Procedure for Issuing Permission for Foreign Child Adoption Organizations to Operate in Vietnam

1.^[55] Within sixty days from the date of receiving complete and valid documents, the Ministry of Justice will examine and assess the documents; interview to check and evaluate the qualifications of the person expected to head the foreign child adoption office in Vietnam; examine and assess the conditions and professional capabilities of the organization and its staff; request the Ministry of Public Security to give comments.

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

3.^[56] Within five working days from the date of receiving the written response from the Ministry of Public Security, the Ministry of Justice will consider and decide to issue the Operation Permit for Foreign Child Adoption in Vietnam (hereinafter referred to as the Permit) to the foreign child adoption organization and notify the Ministry of Public Security and the competent tax authority for coordination in management. In case of refusal to issue the Permit, the Ministry of Justice will notify the reasons in writing to the foreign child adoption organization.

4. The Permit 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. Extension of the Permit

1. Foreign adoption organizations that have been granted a Permit to operate in Vietnam, if they strictly comply with legal regulations, shall be eligible for Permit extension.

2.^[57] Within sixty days before the Permit expires, foreign adoption organizations must submit an application for extension to the Ministry of Justice, along with the Permit, a document issued by the competent authority of the country where the organization was established, allowing the organization to operate in the field of international adoption, and a report on their activities in Vietnam.

3.^[58] Within thirty days from the date of receiving all necessary documents, the Ministry of Justice will review the application; inspect the operations of the foreign adoption office in Vietnam; reassess the professional capacity of the foreign adoption organization if deemed necessary; and request the Ministry of Public Security for comments.

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

5.^[59] Within five working days from the date of receiving the written response from the Ministry of Public Security, the Ministry of Justice will consider and decide on the extension of the Permit, and notify the Ministry of Public Security and the competent tax authority for coordinated management. In case of refusal to extend the Permit, the Ministry of Justice will inform the foreign adoption organization in writing of the reasons.

Article 35. Amendment of the Permit^[60]

1. In cases where a foreign adoption organization changes its name or the location of its headquarters in the country where it was established, or changes the name or location of its foreign adoption office in Vietnam, the organization must submit a request to the Ministry of Justice to note the change.

Within five working days from the date of receiving the request for noting the change, the Ministry of Justice will record the change in the Permit and notify the Ministry of Public Security and the competent tax authority if there is a change in the name or location of the foreign adoption office in Vietnam for coordinated 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 Ministry of Justice, accompanied by the Permit 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 fifteen days from the date of receiving complete valid documents, the Ministry of Justice will review the application, request the Ministry of Public Security for comments, and attach 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 will 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 Ministry of Justice will consider and decide on allowing the change of the head of the foreign adoption office in Vietnam, and notify the Ministry of Public Security and the competent tax authority for coordinated management. In case of rejection of the person expected to head the foreign adoption office in Vietnam, the Ministry of Justice will inform the foreign adoption organization in writing of the reasons.

Article 36. Revocation of the Permit

1. A foreign adoption organization will have its Permit revoked for operating international adoption in Vietnam according to the provisions of Clause 3, Article 43 of the Adoption Law and the following specific provisions:

a) The foreign 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 foreign adoption organization requests to terminate operations in Vietnam before the term specified in the Permit issued by the Ministry of Justice;

d) The Permit expires without the organization requesting an extension or submitting an application but not being granted an extension;

đ) The Permit is revoked according to Vietnamese law.

2. A foreign adoption organization must return the Permit to the Ministry of Justice^[61] and settle all debts (if any) with relevant agencies, organizations, and individuals in Vietnam.

3. The Ministry of Justice^[62] notify the Ministry of Public Security, the competent tax authority, and the competent authority of the foreign country about the revocation of the Permit.

Article 37. Management of Foreign Adoption Organizations in Vietnam

1. Based on actual circumstances, after exchanging with the Central Agency 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 foreign 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 other ministries, sectors, and localities involved to manage foreign adoption offices in Vietnam.

Chapter IV. REGISTRATION FEES FOR ADOPTION, FEES FOR ISSUANCE, EXTENSION, AMENDMENT OF LICENSES OF FOREIGN ADOPTION ORGANIZATIONS, AND COSTS FOR RESOLVING FOREIGN ADOPTION

Article 38. Principles for Collection, Submission, Management, and Use

1.^[63] (Repealed)

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

3. All funds collected under paragraph 2 of this Article must be deposited into the account opened by the collection agency at the State Treasury for monitoring, management, and use in accordance with regulations.^[64] The collection agency is responsible for preparing annual revenue and expenditure budgets for approval by the competent authority and implementing settlement according to current regulations.

Chapter 2. COSTS FOR RESOLVING FOREIGN ADOPTION

Section 1^[65] (Repealed)

Section 2. COSTS FOR RESOLVING FOREIGN ADOPTION

Article 47. Amount of Collection, Collection Agencies for Resolving Foreign Adoption Costs

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

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

2. The Ministry of Justice is responsible for collecting costs for resolving foreign adoption.^[66] Article 48. Parties Subject to Payment, Exemption from Payment of Costs for Resolving Foreign Adoption

1. Foreigners not permanently residing in Vietnam must pay costs for resolving foreign adoption when they agree to adopt Vietnamese children introduced for adoption as stipulated in Clause 3, Article 36 of the Law on Adoption.

2. Foreigners not permanently residing in Vietnam who adopt children specified in Clause 1, Article 3 of this Decree are exempted from paying costs for resolving foreign adoption.

Article 49. Usage System for Costs for Resolving Foreign Adoption

1. The collection agency transfers ninety-five percent (95%) of the costs specified 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 costs specified in Clause 1, Article 47 of this Decree is used for nurturing, caring for, and educating children and improving material conditions and equipment serving the needs and interests of children;

b) Fifteen percent (15%) of the costs specified in Clause 1, Article 47 of this Decree is used to supplement staff salaries and enhance the capacity of childcare facility employees;

c) Five percent (5%) of the costs specified in Clause 1, Article 47 of this Decree is used for verifying the origin of children given up for adoption;

d) Five percent (5%) of the costs specified in Clause 1, Article 47 of this Decree is used for completing adoption procedures and transferring children.

Agencies and organizations using these costs are responsible for using them effectively and for their intended purposes, maintaining records, and annually reporting to the People's Committee of the province, while also submitting consolidated reports to the Department of Justice for reporting to the Ministry of Justice.

2. The collection agency retains five percent (5%) of the costs specified in Clause 1, Article 47 of this Decree for collecting and transferring costs; issuing receipts for payment; maintaining records and ensuring proper and effective use of these funds; compiling and publicly reporting annually on the situation of collection, submission, and use of costs for resolving foreign adoption nationwide in accordance with regulations and international practices.

1. Domestic adoption application files received by the People's Committee of the commune before January 1, 2011, which have not been resolved, 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.

Chapter V. IMPLEMENTING PROVISIONS ^[67]

Article 50. Transitional Provisions

2. Foreign adoption application files received by the Adoption Bureau before January 1, 2011, which have notified adoptive parents about children eligible for introduction as adoptees but have not yet been resolved, 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 obtained licenses to establish foreign adoption offices in Vietnam before January 1, 2011 may operate in Vietnam until September 30, 2011; if they wish to continue operating in Vietnam, they must meet the required conditions and obtain a license for foreign adoption operations in Vietnam according to the Adoption Law and this Decree.

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

Article 51. Abolish provisions on adoption in related Decrees

1. Abolish 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. Abolish Clause 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 some 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. Abolish Articles from Article 25 to Article 28 and other relevant provisions on procedures and formalities 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. Abolish 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./.

___________________________________

^[[1]] Decree No. 114/2016/NĐ-CP on adoption registration fees and fees for issuing licenses to foreign adoption organizations is based on the following grounds:

"On the basis of the Law on Organization of the Government dated June 19, 2015;

On the basis of the Adoption Law dated June 17, 2010;    

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Fees and Charges dated November 25, 2015;

At the proposal of the Minister of Finance;

Chapter 1. Scope of Regulation adoption registration fees, fees for issuing licenses to foreign adoption organizations.”

Decree No. 24/2019/NĐ-CP amending and supplementing certain articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain articles of the Adoption Law is based on the following grounds:

"On the basis of the Law on Organization of the Government dated June 19, 2015;

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;

At the proposal of the Minister of Justice;

The Government promulgates a Decree amending and supplementing certain articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain articles of the Adoption Law.”

Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of Decrees on adoption is based on the following grounds:

"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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;

At the proposal of the Minister of Justice;

The Government promulgates a Decree amending and supplementing certain articles of Decrees on adoption.”

^[[2]] The term "adoption registration fee" is abolished pursuant to Clause 2, Article 10 of Decree No. 114/2016/NĐ-CP on adoption registration fees and fees for issuing licenses to foreign adoption organizations, which took effect from January 1, 2017.

^[[3]] The term "collection rate, management and use of fees" is abolished pursuant to Clause 2, Article 10 of Decree No. 114/2016/NĐ-CP on adoption registration fees and fees for issuing licenses to foreign adoption organizations, which took effect from January 1, 2017.

^[[4]] The term "recognition of adoption registered at competent authorities of foreign countries" is replaced by the term "registration in the Adoption Registration Book of adoptions resolved by competent authorities of foreign countries" pursuant to Clause 1, Article 2 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain articles of the Adoption Law, which took effect from April 25, 2019.

^[[5]] This clause is amended pursuant to Clause 1, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain articles of the Adoption Law, which took effect from April 25, 2019.

^[[6]] This clause is amended and supplemented pursuant to Clause 2, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain articles of the Adoption Law, which took effect from April 25, 2019.

^[[7]] This clause is amended and supplemented pursuant to Clause 1, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of Decrees on adoption, which took effect from January 8, 2025.

^[[8]] This clause is abolished pursuant to Clause 3, Article 2 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing the implementation of certain articles of the Adoption Law, which took effect from April 25, 2019.

^[[9]] This provision is amended and supplemented pursuant to Clause 3, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[10]] The phrase "Department of Adoption under the Ministry of Justice (hereinafter referred to as the Department of Adoption)" is replaced by the phrase "Ministry of Justice" pursuant to Point c, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[11]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point d, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[12]] This provision is amended and supplemented pursuant to Clause 2, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[13]] This provision is amended and supplemented pursuant to Clause 4, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019, and is further amended and supplemented pursuant to Clause 3, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[14]] This provision is amended and supplemented pursuant to Clause 4, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[15]] This clause is amended and supplemented pursuant to Clause 5, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[16]] This clause is amended and supplemented pursuant to Clause 5, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[17]] This clause is amended and supplemented pursuant to Clause 5, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[18]] This provision is added pursuant to Clause 6, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[19]] This provision is repealed pursuant to Clause 3, Article 2 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[20]] This provision is repealed pursuant to Clause 2, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[21]^] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[22]] This clause is amended and supplemented pursuant to Clause 7, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[23]] This clause is amended pursuant to Clause 6, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[24]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point đ, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[25]] This clause is added pursuant to Clause 6, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019..

^[[26]] This clause is amended and supplemented pursuant to Clause 8, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[27]] This provision has been amended and supplemented pursuant to Clause 7, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[28]] This clause has been amended and supplemented pursuant to Point a, Clause 9, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[29]] This clause has been amended and supplemented pursuant to Point b, Clause 9, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[30]] This clause has been amended and supplemented pursuant to Clause 10, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[31]] This clause has been amended and supplemented pursuant to Clause 10, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[32]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[33]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[34]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[35]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[36]] This provision has been amended and supplemented pursuant to Clause 11, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[37]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[38]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[39]] This clause has been amended and supplemented pursuant to Clause 8, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019, and has been further amended and supplemented pursuant to Clause 12, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[40]] This provision has been amended and supplemented pursuant to Clause 13, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[41]] This clause has been amended and supplemented pursuant to Clause 14, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[42]] This clause has been amended and supplemented pursuant to Clause 15, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[43]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[44]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[45]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[46]] The phrase "recognition of adoption registered with the competent authority of a foreign country" has been replaced by the phrase "registration in the Adoption Register of adoption resolved by the competent authority of a foreign country" pursuant to Clause 1, Article 2 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019..

^[[47]] This clause has been amended and supplemented pursuant to Clause 16, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[48]] This clause has been amended and supplemented pursuant to Clause 16, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[49]] This provision has been amended pursuant to Clause 9, Article 1 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019..

^[[50]] The phrase "Adoption Department" has been replaced by the phrase "Ministry of Justice" pursuant to Point e, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[51]] This point has been repealed pursuant to Clause 3, Article 2 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[52]] This point has been repealed pursuant to Clause 3, Article 2 of Decree No. 24/2019/NĐ-CP amending and supplementing certain articles 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, which took effect from April 25, 2019.

^[[53]] The phrase "Personal Record" has been replaced by the phrase "Self-narrative Curriculum Vitae" pursuant to Point b, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[54]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[55]] This clause has been amended and supplemented pursuant to Point a, Clause 17, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[56]] This clause has been amended and supplemented pursuant to Point b, Clause 17, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[57]] This clause has been amended and supplemented pursuant to Point a, Clause 18, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[58]] This clause has been amended and supplemented pursuant to Point a, Clause 18, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[59]] This clause has been amended and supplemented pursuant to Point b, Clause 18, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[60]] This provision has been amended and supplemented pursuant to Clause 19, Article 1 of Decree No. 06/2025/NĐ-CP amending and supplementing certain provisions of decrees on adoption, which took effect from January 8, 2025.

^[[61]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[62]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[63]] This clause was abolished pursuant to Clause 2, Article 10 of Decree No. 114/2016/NĐ-CP stipulating registration fees for adoption and fees for issuing licenses for foreign adoption organizations, which took effect from January 1, 2017.

^[[64]^] The phrase "Clause 1 and" was abolished pursuant to Clause 2, Article 10 of Decree No. 114/2016/NĐ-CP stipulating registration fees for adoption and fees for issuing licenses for foreign adoption organizations, which took effect from January 1, 2017.

^[[65]] This section includes Articles 39, 40, 41, 42, 43, 44, 45, and 46, which were abolished pursuant to Clause 2, Article 10 of Decree No. 114/2016/NĐ-CP stipulating registration fees for adoption and fees for issuing licenses for foreign adoption organizations, which took effect from January 1, 2017.

^[[66]] The phrase "Department of Adoption" is replaced by the phrase "Ministry of Justice" pursuant to Point a, Clause 1, Article 2 of Decree No. 06/2025/NĐ-CP amending and supplementing certain articles of decrees on adoption, which took effect from January 8, 2025.

^[[67]^] Articles 9, 10, and 11 of Decree No. 114/2016/NĐ-CP stipulating registration fees for adoption and fees for issuing licenses for foreign adoption organizations, which took effect from January 1, 2017, are stipulated as follows:

“Article 9. Transitional Provisions

In cases where the person submitting the application to adopt a child has already paid the registration fee for domestic or international adoption, or where a foreign adoption organization has submitted an application for issuance, extension, or amendment of its license for operation in Vietnam before January 1, 2017, the collection, management, and use of such fees shall be carried out in accordance with the provisions of Decree No. 19/2011/NĐ-CP dated March 21, 2011, of the Government detailing certain provisions of the Law on Adoption.

Article 10. Effective Date

1. This Decree takes effect from January 1, 2017.

2. From the date this Decree takes effect, the phrases "registration fee for adoption," "collection rate, management and use system of the registration fee" at Clause 1, Article 1; the phrase "Clause 1 and" at Clause 3, Article 38; the provisions at Clause 1, Article 38 and Articles: 39, 40, 41, 42, 43, 44, 45, 46 of Decree No. 19/2011/NĐ-CP dated March 21, 2011, of the Government detailing certain provisions of the Law on Adoption shall cease to be effective.

Article 11. Implementation Organization

1. The Ministry of Finance shall guide the preparation of budgets, management, use, and settlement of state budget funds to ensure the implementation of adoption work and the issuance, extension, and amendment of licenses for foreign adoption organizations operating in Vietnam.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government, relevant organizations, and individuals shall be responsible for implementing this Decree. The people's committees of provinces and centrally governed cities, relevant organizations, and individuals are responsible for implementing this Decree.” 

Articles 3 and 4 of Decree No. 24/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2011/NĐ-CP dated March 21, 2011, of the Government detailing certain provisions of the Law on Adoption, which took effect from April 25, 2019, are stipulated as follows:

“This Circular takes effect from December 25, 2025/.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government, and relevant organizations and individuals shall be responsible for implementing this Decree.

Article 4. Implementation provisions

 This Decree takes effect from April 25, 2019.”

Article 3 of Decree No. 06/2025/NĐ-CP amending and supplementing certain provisions of decrees on adoption shall take effect from January 8, 2025, and is stipulated as follows:

"Article 3. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. For the dossier of the adoptive parent submitted to the Department of Justice in accordance with Clause 3, Article 22 of Decree No. 19/2011/NĐ-CP before this Decree takes effect, such dossier shall continue to be processed in accordance with the provisions of Decree No. 19/2011/NĐ-CP.

3. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree.”