Decision No. 38/2004/QĐ-TTg On financial assistance policies for families and individuals adopting orphaned and abandoned children

Pursuant to …;

Regarding Financial Assistance Policy for Families and Individuals Adopting Orphaned and Abandoned Children

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Law on Protection, Care, and Education of Children dated August 12, 1991;
Pursuant to the Law on Marriage and Family dated June 9, 2000;
Based on Decree No. 07/2000/NĐ-CP dated March 9, 2000 on Social Relief Policies;
Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

Pursuant to …;

Article 1. This Decision stipulates the financial assistance policy for families and individuals adopting abandoned children and orphaned children (hereinafter referred to collectively as orphaned children) who no longer have caregivers as prescribed by marriage and family laws, or who have caregivers as prescribed by marriage and family laws but lack the ability to care for them.

Article 2. Conditions for Adopting Orphaned Children

1. Conditions for individuals adopting orphaned children:

a) Having full capacity for civil acts;

b) Be at least twenty years old when adopting a child. In cases where an uncle, aunt, maternal uncle, maternal aunt, or cousin adopts their nephew or niece, they must be adults and at least ten years older than the child;

c) Have good moral character; implement well the policies and guidelines of the Party and state laws; not involved in social vices;

d) Have regular income or, even without regular income, still possess assets after deducting necessary living expenses;

đ) Have stable accommodation;

e) Not be a person currently restricted from certain parental rights over underage children or convicted but not yet rehabilitated according to the law;

g) Voluntarily adopt.

2. Conditions for families adopting orphaned children:

In cases where both husband and wife are present in the family, both must meet the conditions stipulated in Clause 1 of this Article.

Article 3. Consent of Guardians and Orphaned Children

1. The adoption of orphaned children must be agreed upon in writing by the guardian.

2. The adoption of orphaned children aged nine or older must be agreed upon by the child.

Article 4. Families and individuals adopting orphaned children must ensure that these children attend school, receive health care, are treated equally, and comply with guardianship requirements as prescribed by law; strictly prohibit abuse and overworking the children.

Article 5. Families and individuals adopting orphaned children, if meeting all conditions specified in this Decision, shall receive financial assistance with a minimum of 200,000 VND/month/orphaned child. Specifically, for families and individuals adopting orphaned children under eighteen months old, the minimum financial assistance is 270,000 VND/month/orphaned child.

Article 6. Cases Eligible for Financial Assistance Consideration

People currently caring for orphaned children as stipulated in Articles 47 and 48 of the Marriage and Family Law but lacking the ability to care for them.

Article 7. Responsibilities of Provincial and Municipal People's Committees directly under the Central Government, where families and individuals adopting orphaned children reside:

1. Organize, direct, guide, and inspect the implementation of this policy within their jurisdiction.

2. Annually prepare budget estimates for implementing this policy according to the State Budget Law.

3. Based on the actual situation of the locality, specify the specific level of financial assistance for the subjects stipulated in Articles 2 and 6 of this Decision within their jurisdiction, but not lower than the level of assistance stipulated in Article 5 of this Decision.

4. Examine, decide, or revoke decisions on financial assistance for subjects meeting or no longer meeting the conditions stipulated in Articles 2 and 6 of this Decision within their jurisdiction.

5. Take the lead and coordinate with the Vietnam Fatherland Front, Women's Union, Ho Chi Minh Communist Youth Union, Veterans' Association, and Farmers' Union to encourage and mobilize relatives of orphaned children, families, and individuals to adopt orphaned children if such adoption meets legal requirements.

6. During the period before finding adoptive parents, provide food, shelter, and facilitate integration into the community for orphaned children, ensuring they do not drop out of school or become vagrants; in particularly difficult cases, place the children in local social welfare institutions.

Article 8. The Ministry of Labor, Invalids, and Social Affairs leads and coordinates with the Ministry of Finance, Population, Family, and Children Commission, and relevant ministries and sectors to guide the implementation of this Decision.

Article 9. Funding for implementing this Decision is allocated from the social security budget in the annual state budget of provinces and municipalities directly under the central government as prescribed by the State Budget Law.

Article 10. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 11. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.