Consolidated Document number 465/VBHN-BTP Regarding the issuance and guidance on recording, storing, and using adoption forms

CIRCULAR

REGARDING THE ISSUANCE AND GUIDELINES FOR RECORDING, STORING, AND USING FORMS FOR ADOPTION

Circular No. 12/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice on the issuance and guidelines for recording, storing, and using forms for adoption, which took effect from August 15, 2011, was amended and supplemented by:

Circular No. 24/2014/TT-BTP dated December 29, 2014 of the Minister of Justice amending and supplementing certain provisions of Circular No. 12/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice on the issuance and guidelines for recording, storing, and using forms for adoption, which took effect from February 11, 2015.

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

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

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

The Ministry of Justice issues and guides the recording, storage, and use of forms and registers related to adoption as follows[1]:

Article 1. Scope of Regulation

This Circular stipulates the issuance of various types of forms and registers for adoption; the subjects using these forms and registers, the authority to print and issue them, the method of recording forms and registers for adoption, and the method of locking and storing the adoption registration registers.

Article 2. Subjects Using Forms and Adoption Registration Registers

1. Vietnamese citizens and foreigners who have requests to resolve matters concerning adoption.

2. People's Committees of communes, wards, towns (hereinafter referred to as People's Committees at the commune level).

3. People's Committees of provinces and centrally governed cities (hereinafter referred to as People's Committees at the provincial level).

4. Departments of Justice.

5. The Ministry of Justice.

6. Vietnamese representative offices abroad.

7. Foreign adoption organizations applying for issuance, extension, or amendment of their operating licenses in Vietnam.

8. Other individuals or organizations related according to the Law on Adoption.

Article 3. Issuance of Forms and Adoption Registration Registers

1. Issuing 27 types of adoption forms with symbols as specified in the list below:

2. The types of forms prescribed in Clause 1 of this Article shall be designed for printing or photocopying on A4 paper according to the models attached to this Circular.

The use of forms must comply with the specifications, contents, and formats prescribed in this Circular.

Article 4. Authority to print and issue forms and Adoption Registration Books

1. The Department of Justice shall print and issue forms numbered from 01 to 02 in Section I of the list specified in Clause 1, Article 3 of this Circular. Form number 01 shall be printed in bound volumes of 100 pages and 200 pages.

2. The Ministry of Justice shall print and issue forms numbered from 03 to 04 in Section II of the list specified in Clause 1, Article 3 of this Circular.

3. Forms numbered from 02 to 04 in the list specified in Clause 1, Article 3 of this Circular shall be printed in color with decorative patterns.

4. On the Ministry of Justice’s electronic portal (www.moj.gov.vn), 23 forms numbered from 05 to 27 in Section III of the list specified in Clause 1, Article 3 of this Circular shall be posted for agencies, organizations, and individuals to access, print, and use free of charge. For localities that have not yet the conditions to use the internet, the Department of Justice or the Justice Office shall organize printing and distribution of these forms free of charge to meet the needs of their locality.

Article 5. Guidance on the use of some adoption forms

1. The Certificate of Adoption form, original marked TP/CN-2011/CN.01 and copy marked TP/CN-2011/CN.01.a, shall be used jointly for domestic adoption registration at the People's Committee of communes and representative offices of Vietnam abroad.

2[4]. The Minutes of Opinion of the Director of the Care Institution on Giving Children up for Adoption form, marked TP/CN-2014/CN.07.a, shall be used jointly for obtaining the opinion of the Director of the Care Institution on giving children up for domestic and foreign adoption.

Article 6. Method of Recording the Certificate of Adoption

1. The names of the adoptive father/mother and adopted child must be written in capital letters with full punctuation marks.

2. The section "Place of Adoption Registration" must clearly state the name of the People's Committee of commune/district/city directly under the central government for domestic adoption registration or the name of the representative office of Vietnam abroad if the adoption registration is conducted at the representative office of Vietnam abroad; the section "Date of Registration" must accurately record the date of adoption registration.

In the case of re-registering adoption according to Article 29 of Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing certain provisions of the Law on Adoption (hereinafter referred to as Decree No. 19/2011/NĐ-CP), the name of the registering authority and the date of re-registration of the adoption must be recorded.

3. The "Notes" section shall be recorded as follows:

a) In the case of re-registering adoption according to Article 29 of Decree No. 19/2011/NĐ-CP, it shall be noted "Re-registered".

b) In the case of registering actual adoption according to Article 25 of Decree No. 19/2011/NĐ-CP, it shall be noted "Actual adoption recognized from day... month... year..." which is the date when the actual adoption relationship between the parties arises.

c)[5] In the case of domestic adoption where the biological parents have agreed in writing with the adoptive parents regarding retaining certain rights and obligations towards the child after giving the child up for adoption according to Clause 4, Article 24 of the Law on Adoption, it must clearly state what rights and obligations the biological parents retain, and what rights and obligations the adoptive parents have among the rights and obligations of care, upbringing, maintenance, representation according to law, compensation for damage, management, and disposal of personal property of the child given up for adoption.

Article 7. Method of Recording the Adoption Registration Book

1. When registering adoption, the judicial civil servant at the People's Committee of the commune, the household registration officer of the Department of Justice, or the consular official (hereinafter referred to collectively as the person implementing) must personally record in the Adoption Registration Book and the adoption form; the recorded content must be accurate; handwriting must be clear, complete, without abbreviations, erasures; write with good quality ink, black color. For places that have applied information technology in household registration, the content needed to be recorded in the adoption forms can be printed through a computer.

2. The Adoption Registration Book must be recorded continuously page by page, without leaving blank pages, and must be stamped across the edges from the first page to the last page of the Book.

3. When starting a new book according to this Circular, the registration number must be recorded in chronological order, starting from number 01 to the end of December 31 of that year; if the year has not ended but the book is exhausted, another book must be used and continue with the next number of the previous book (see Example 1 below). If the year ends but the book is not exhausted, it may be used for the following year, but the first registration of the following year will start from number 01 (see Example 2 below).

4. The number recorded in the adoption form is the number recorded at the top of the page of the Adoption Registration Book together with the year of the adoption registration; the volume number is the volume number and the year of opening the Adoption Registration Book.

Example 1: The Adoption Registration Book of Ward X opened in 2011 and in 2011, Ward X used two volumes of the Adoption Registration Book. Mr. Nguyen Van A adopted Nguyen Hai Anh and was registered for adoption at the end of 2011 under serial number 300, volume number 02. Therefore, in the "number/volume number" section of the Adoption Certificate of Mr. Nguyen Van A and Nguyen Hai Anh, it must clearly state:

"Number: 300/2011."

Volume number: 02/2011".

Example 2: The Adoption Registration Book of Ward Y opened in 2011 and in 2011 only 25 cases were registered. The book still had pages left and continued to be used for 2012 without having to open a new book. Mr. Nguyen Van B adopted Nguyen Hai Ha and was the first case registered for adoption in 2012. Therefore, in the "number/volume number" section of the Adoption Certificate of Mr. Nguyen Van B and Nguyen Hai Ha, it must clearly state:

"Number: 01/2012."

Volume number: 01/2011".

5. The columns in the Adoption Registration Book and the adoption form must be recorded strictly according to the usage guide in the Adoption Registration Book and this Circular.

6. During registration, if there are errors due to recording in the Adoption Registration Book, the person implementing must directly strike out the erroneous part, not correct over the old writing, not erase to rewrite. The column noting changes in the Adoption Registration Book must clearly state the content of the correction; name and signature of the person who made the correction and date, month, year of the correction. The person implementing must stamp on the corrected portion. If there are errors due to recording in the adoption forms, then cancel that form and rewrite on another sheet.

It is strictly prohibited to arbitrarily erase, alter, or supplement the content already recorded in the Adoption Registration Book and adoption forms, causing distortion.

7[6]The person recording the book must clearly note whether the child adopted has normal health status or special needs in the Remarks column.

Article 8. Method of Closing and Storing the Register Book for Adoption Registration

1. The adoption registration year runs from January 1 to December 31 of that year. At the end of each registration year, a summary of all registered adoption events during that year must be compiled. If the Register Book is used for the following year, a summary of all registered adoption events for that year must also be compiled when the book is fully used.

After compiling the number of registered adoption events according to the guidance provided in Clause 1 of this Article, the person responsible shall record on one blank page immediately adjacent in the Register Book the total number of registered adoption events; the representative of the adoption registration authority shall sign and stamp to confirm.

2. The Register Book for Adoption Registration must be stored and preserved for long-term use to meet the needs of the people and state management activities.

Adoption registrations at the People's Commune Council must be recorded in two volumes (dual registration), one volume retained at the People's Commune Council where the adoption registration takes place, and one volume transferred to the People's District Council for storage.

Adoption registrations at Vietnamese Representative Offices abroad must be recorded in two volumes (dual registration), one volume retained at the Vietnamese Representative Office abroad where the adoption registration takes place, and one volume transferred to the Ministry of Foreign Affairs for storage.

For adoption registrations at the Provincial People's Council, the Department of Justice only records in one volume and retains it at the Department of Justice.

3. The People's Commune Councils, Departments of Justice, and Vietnamese Representative Offices abroad have the responsibility to store, preserve, and utilize the Register Book for Adoption Registration in accordance with the laws on archiving and adoption registration and management; they must implement measures to prevent typhoons, floods, fires, explosions, moisture, and pests to ensure the safety of archival materials.

Staff involved in adoption registration work need to carefully study the "Usage Guide" section in the Register Book for Adoption Registration to perform their duties fully, accurately, and consistently.

Article 9. Abolition of Forms and Registers for Adoption Registration in Relevant Legal Documents

Abolish the forms and registers for adoption registration issued together with the following legal documents:

1. Abolish ten types of forms and one type of Register for Adoption Registration issued together with Decision No. 15/2003/QĐ-BTP dated February 12, 2003 of the Minister of Justice regarding the issuance of forms and household registers involving foreign elements, including: Decision on Accepting Vietnamese Children as Adopted Children, code TP/HTNNg-2003-CN.5; Decision on Accepting Vietnamese Children as Adopted Children (copy), code TP/HTNNg-2003-CN.5.a; Application for Permission to Establish an Overseas Adoption Office in Vietnam, code TP/HTNNg-2003-CN.6; Personal Record (of the person expected to head the overseas adoption office), code TP/HTNNg-2003-CN.7; Register for Adoption Registration Involving Foreign Elements, code TP/HTNNg-2003-CN; Application for Accepting Vietnamese Children as Adopted Children (for specific cases), code TP/HTNNg-2003-CN.1; Application for Accepting Vietnamese Children as Adopted Children (for non-specific cases), code TP/HTNNg-2003-CN.1.a; Consent Form for Children to be Adopted (for children living in care facilities), code TP/HTNNg-2003-CN.2; Consent Form for Children to be Adopted (for children living in families), code TP/HTNNg-2003-CN.2.a; Periodic Report on the Development of Adopted Children, code TP/HTNNg-2003-CN.3; and Minutes of Handover of Adopted Children, code TP/HTNNg-2003-CN.4.

2. Abolish eight types of forms and one type of Register for Adoption Registration issued together with Decision No. 01/2006/QĐ-BTP dated March 29, 2006 of the Minister of Justice regarding the issuance of household registers and forms, including: Agreement on Giving and Receiving Adopted Children, code STP/HT-2006-CN.1; Decision Recognizing Adoption (original), code STP/HT-2006-CN.2; Decision Recognizing Adoption (copy), code STP/HT-2006-CN.2.a; Decision Recognizing Adoption (original - re-registration), code STP/HT-2006-CN.3; Decision Recognizing Adoption (copy - re-registration), code STP/HT-2006-CN.3.a; Decision Recognizing Adoption (original - re-registration), code STP/HT-2006-CN.4; Decision Recognizing Adoption (copy - re-registration), code STP/HT-2006-CN.4.a; Application for Re-registration of Adoption, code STP/HT-2006-CN.5; and Register for Adoption Registration, code STP/HT-2006-CN.

3. Abolish six types of forms and one type of Register for Adoption Registration issued together with Decision No. 04/2007/QĐ-BTP dated June 13, 2007 of the Ministry of Justice issuing eight types of household registers and thirty-eight types of household forms for use at Diplomatic and Consular Offices of Vietnam abroad, including: Agreement on Giving and Receiving Adopted Children, code BTP-NG/HT-2007-CN.1; Decision Recognizing Adoption (original), code BTP-NG/HT-2007-CN.2; Decision Recognizing Adoption (copy), code BTP-NG/HT-2007-CN.2.a; Decision Recognizing Adoption (original - re-registration), code BTP-NG/HT-2007-CN.3; Decision Recognizing Adoption (copy - re-registration), code BTP-NG/HT-2007-CN.3.a; Application for Re-registration of Adoption, code BTP-NG/HT-2007-CN.4; and Register for Adoption Registration, code BTP-NG/HT-2007-CN.

4. Abolish two types of adoption forms issued under Circular No. 01/2008/TT-BTP dated June 2, 2008 of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on registration and management of household registers, including: Application for Registration of Adoption, code STP/HT-2008-TKNCN; Decision Recognizing Adoption (original), code STP/HT-2008-NCN.GC.

5. Repeal three adoption-related forms issued together with Circular Joint Circular No. 11/2008/TTLT-BTP-BNG dated December 31, 2008, of the Ministry of Justice and the Ministry of Foreign Affairs guiding the implementation of Decree No. 158/2005/NĐ-CP dated December 27, 2005, of the Government on registration and management of household records at diplomatic missions and consular offices of Vietnam abroad, including: Decision recognizing adoption (original), code BTP-NG/HT-2008-CN.GC.I; Decision recognizing adoption (copy), code BTP-NG/HT-2008-CN.2.a.II; Decision recognizing adoption (copy - re-registration), code BTP-NG/HT-2008-CN.3.a.II.

Article 10. Effective Date

1. This Circular takes effect from August 15, 2011.

2. During the implementation process, if there are any difficulties or new issues arise, the Department of Justice and Vietnamese agencies abroad shall promptly send written reports to the Ministry of Justice for guidance.