Law on Adoption No. 52/2010/QH12

LAW
Adoption

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Adoption Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates principles, conditions for adoption; authority, procedures, and formalities for resolving adoption matters; rights and obligations of adoptive parents, adopted children, and biological parents; responsibilities of agencies and organizations in adoption.

Article 2. Purpose of Adoption

Adoption aims to establish a long-term, stable parent-child relationship between the adopter and the adopted child, for the best interests of the adopted child, ensuring that the adopted child is raised, cared for, and educated in a family environment.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Adoption is the establishment of a parent-child relationship between the adopter and the adopted child.

2. Adoptive Parents is the person who adopts a child after the adoption has been registered by a competent state agency.

3. Adopted children Adopted Child

4. is the person who is adopted after the adoption has been registered by a competent state agency. Domestic Adoption

5. is the adoption between Vietnamese citizens residing in Vietnam. International Element Adoption

6. is the adoption between Vietnamese citizens and foreigners, between foreigners residing in Vietnam, or between Vietnamese citizens where one party resides abroad. Orphan

7. is a child whose both biological parents have died or one of them has died and the other cannot be identified. Abandoned Child

8is a child whose biological parents cannot be identified. Original Family

9. is the family of those with blood relations. Substitute Family

10. is the family that takes a child as an adopted child. Care Institution

Article 4. Principles for Resolving Adoption Matters

1. When resolving adoption matters, respect for the right of the child to live in the original family must be observed.

2. Adoption must ensure the rights and legitimate interests of the adopted child and the adopter, voluntariness, equality, without discrimination based on gender, not contrary to law and social morality.

3. Only allow foreign persons to be adopted when a substitute family cannot be found domestically.

Article 5. Order of Priority in Selecting Substitute Families

1. The order of priority in selecting substitute families is implemented as follows:

a) Stepfather, stepmother, aunt, uncle, aunt, uncle of the adopted child;

b) Vietnamese citizens residing in the country;

c) Foreigners residing in Vietnam;

d) Vietnamese citizens residing abroad;

e) Foreigners residing abroad.

2. In cases where multiple people from the same priority level apply to adopt the same person, consideration and resolution will be given to the person with the best conditions for raising, caring for, and educating the adopted child.

Article 6. Protection of Adoption Rights and Rights to Be Adopted

The State protects adoption rights and rights to be adopted according to the provisions of this Law and other relevant laws.

Article 7. Encouragement of Humanitarian Support for Children in Special Circumstances

The State encourages organizations and individuals to provide humanitarian support for the care, upbringing, and education of children in special circumstances. Such humanitarian support shall not affect the process of adopting children.

The Government shall specify the procedures for receiving, managing, and using humanitarian support as provided for in this Article.

Article 8. Persons eligible to be adopted children

1. Children under 16 years old

2. Persons aged from 16 to under 18 years old if they fall into one of the following cases:

a) Being adopted by a stepfather or stepmother;

b) Being adopted by an aunt, uncle, paternal or maternal cousin.

3. A person may only be adopted by a single individual or by both spouses together.

4. The State encourages the adoption of orphaned children, abandoned children, and other children with special circumstances.

Article 9. Competence for registering adoption

1. The People's Committee of communes, towns, and wards (hereinafter referred to collectively as the People's Committee at the commune level) where the proposed adoptee or the adopter resides shall register domestic adoptions.

2. The People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as the People's Committee at the provincial level) where the proposed adoptee resides shall decide on intercountry adoptions; the Department of Justice of provinces and centrally governed cities shall register intercountry adoptions.

3. The representative offices of the Socialist Republic of Vietnam abroad shall register the adoption of Vietnamese citizens temporarily residing abroad.

Article 10. Competence to resolve requests to terminate adoption

The People's Court with jurisdiction shall resolve requests to terminate adoption according to the provisions of civil procedure law.

Article 11. Ensuring the right to know about origin

1. Adopted children have the right to know about their origin. No one may obstruct adopted children from knowing about their origin.

2. The State encourages and creates conditions for Vietnamese adopted children living abroad to visit their homeland.

Article 12. Fees for registering adoption, costs for resolving intercountry adoption

1. The adopter must pay the fee for registering adoption.

2. In addition to the registration fee for adoption prescribed in Clause 1 of this Article, foreign nationals who are not permanent residents in Vietnam adopting in Vietnam must pay a sum of money to offset part of the costs for resolving intercountry adoption, including expenses for nurturing, caring for, and educating children from the time they are proposed for adoption until the completion of the handover procedures, verifying the origin of the proposed adoptee, handing over the child, and reasonable remuneration for staff of the care facility.

3. The Government shall provide detailed regulations on the authority to collect, the amount of collection, exemptions, reductions, management, and utilization of fees for registering adoption and costs for resolving intercountry adoption as prescribed in Clauses 1 and 2 of this Article.

4. Apart from the registration fee for adoption and costs for resolving intercountry adoption as prescribed in Clauses 1 and 2 of this Article, organizations and individuals involved in intercountry adoption activities may not impose any additional charges.

Article 13. Prohibited acts

1. Exploiting adoption for profit, exploiting labor, sexual abuse; kidnapping, buying and selling children.

2. Falsifying documents to resolve adoption matters.

3. Discriminating between biological children and adopted children.

4. Exploiting adoption to violate population laws.

5. Exploiting the status of being an adopted child of a war invalid, person meritorious to the revolution, or member of an ethnic minority to enjoy preferential policies of the State.

6. Grandparents adopting grandchildren or siblings adopting each other.

7. Exploiting adoption to violate laws, customs, morals, and fine cultural traditions of the nation.

Chapter II

DOMESTIC ADOPTION

Article 14. Conditions for Adoptive Parents

1. An adoptive parent must meet the following conditions:

a) Having full capacity for civil acts;

b) Be at least twenty years older than the adoptee;

c) Have health, economic, and living conditions that ensure the care, upbringing, and education of the adoptee;

d) Possess good moral character.

2. The following individuals are not eligible to adopt:

a) Those whose rights as parents towards their underage children are currently restricted;

b) Those currently serving administrative sanctions at educational facilities or medical institutions;

c) Those currently serving a prison sentence;

d) Those who have not yet had their criminal record expunged for one of the following intentional offenses: infringing upon another person's life, health, dignity, or reputation; mistreating or abusing grandparents, parents, spouse, children, grandchildren, or those who have raised them; luring, forcing, or harboring minors to violate the law; buying, swapping, or appropriating children.

3. In cases where a stepfather adopts his wife's child, a stepmother adopts her husband's child, or an aunt, uncle, or cousin adopts their nephew or niece, the provisions set forth in points b and c of Clause 1 of this Article shall not apply.

Article 15. Responsibility for Finding Substitute Families for Children

1. When a child cannot be raised in their original family environment, relevant agencies, organizations, or individuals shall be responsible for finding substitute families for the child.

2. The process of finding substitute families for children is regulated as follows:

a) In cases where a child is abandoned, the People's Committee of the commune where the child was found shall be responsible for finding temporary caregivers for the child; if there is someone willing to adopt the child, the People's Committee of the commune where the child was found shall consider and resolve according to the law; if there is no one willing to adopt the child, a file shall be established to place the child in a care facility;

b) In cases where an orphaned child has no caregiver or a child with parents or relatives who are unable to raise them, the guardian, biological parents, or relatives shall report to the People's Committee of the commune where the child resides to find a substitute family for the child. The People's Committee of the commune shall support the care of the child and post notices at its office for sixty days to seek potential adopters; if there is an adopter within the country, the People's Committee of the commune shall consider and resolve the matter. After the sixty-day period, if there is no domestic adopter, the People's Committee of the commune shall establish a file to place the child in a care facility;

c) In cases where a child in a care facility needs a substitute family, the care facility shall prepare a list and send it to the Department of Justice. The Department of Justice shall be responsible for publishing the list three times consecutively in a newspaper or other mass media of the province;

Within sixty days from the date of publication, if there is a domestic adopter, they shall contact the People's Committee of the commune where the child resides to consider and resolve the matter; if the adoption is completed, the People's Committee of the commune shall report to the Department of Justice to remove the child from the list of children needing substitute families;

After the sixty-day period from the date of publication, if there is no domestic adopter, the Department of Justice shall send the list of children needing substitute families to the Ministry of Justice;

d) The Ministry of Justice shall be responsible for publishing on its electronic information website to find domestic adopters for children;

Within sixty days from the date of publication, if there is a domestic adopter, they shall contact the People's Committee of the commune where the child resides to consider and resolve the matter; if the adoption is completed, the People's Committee of the commune shall report to the Ministry of Justice to remove the child from the list of children needing substitute families;

After the sixty-day period from the date of publication, if there is no domestic adopter, the Ministry of Justice shall notify the Department of Justice.

Article 16. Registration of Adoption Needs

A Vietnamese citizen who wishes to adopt a child and meets the conditions stipulated in this Law but has not yet found a child to adopt shall register their adoption needs with the Department of Justice at the place where they usually reside; if there is a child to be introduced for adoption, the Department of Justice will introduce them to the People's Committee of the commune where the child usually resides for consideration and resolution.

Article 17. Documents of the Adoptive Parent

The documents of the adoptive parent include:

1. Application for adoption;

2. Copy of Passport, Identity Card, or other equivalent documents;

3. Criminal record sheet;

4. Certificate of marital status;

5. Health examination certificate issued by a health agency at the district level or higher; family circumstances certificate, residence condition certificate, and economic condition certificate issued by the People's Committee of the commune where the adoptive parent usually resides, except in cases provided for in Clause 3, Article 14 of this Law.

Article 18. Documents of the Child Introduced for Domestic Adoption

1. The documents of the child introduced for domestic adoption include:

a) Birth certificate;

b) Health examination certificate issued by a health agency at the district level or higher;

c) Two full-body photographs taken straight on within six months;

d) Confirmation record established by the People's Committee or Public Security Police Station of the commune where the abandoned child was found for abandoned children; death certificate of the father or mother or court decision declaring the father or mother deceased for orphaned children; court decision declaring the father or mother missing for the proposed adoptee whose father or mother is missing; court decision declaring the father or mother incapacitated for the proposed adoptee whose father or mother is incapacitated;

đ) Decision to accept the child at the care facility.

2. The birth parents or guardians prepare the documents of the child introduced for adoption living in a family; the care facility prepares the documents of the child introduced for adoption living in the care facility.

Article 19. Submission of Documents, Time Limit for Resolving Adoption Matters

1. The adoptive parent must submit their own documents and the documents of the child introduced for adoption to the People's Committee of the commune where the child introduced for adoption usually resides or where the adoptive parent usually resides.

2. The time limit for resolving adoption matters is thirty days, counted from the day the People's Committee of the commune receives all valid documents.

Article 20. Review of Documents, Solicitation of Opinions of Related Parties

The People's Committee of the commune receiving the documents is responsible for reviewing the documents; within ten days from the date of receipt of all valid documents, complete the process of soliciting opinions of the parties specified in Article 21 of this Law.

The solicitation of opinions must be recorded in writing and signed or fingerprinted by the person whose opinion is sought.

Article 21. Consent for Adoption

1. Adoption must have the consent of the birth parents of the person to be adopted; if the father or mother has died, disappeared, lost capacity, or cannot be identified, then the consent of the remaining parent is required; if both birth parents have died, disappeared, lost capacity, or cannot be identified, then the consent of the guardian is required; in the case of adopting a child aged nine years or older, the consent of the child is also required.

2. The person giving consent for adoption as stipulated in Clause 1 of this Article must be advised fully by the People's Committee of the commune receiving the documents about the purpose of adoption; rights and obligations between the adoptive parents and the adoptee; rights and obligations between the birth parents and the child after the child is adopted.

3. The consent must be entirely voluntary, truthful, without coercion, threats, or bribery, without personal gain, and not accompanied by demands for payment or other material benefits.

4. Birth parents may only give consent for their child to be adopted after the child has been born for at least fifteen days.

Article 22. Registration of Adoption

1. When the People's Committee at the commune level finds that the adoptive parent and the child to be adopted meet the conditions stipulated by this Law, it shall organize the registration of adoption, issue the Certificate of Adoption to the adoptive parents, birth parents, or guardians, or representatives of the care institutions, and record in the household registry within twenty days from the date of agreement of the persons specified in Article 21 of this Law.

2. In case the People's Committee at the commune level refuses to register, it must provide a written response to the adoptive parent, birth parents, or guardian, or representative of the care institution, and clearly state the reasons within ten days from the date of opinion of the persons specified in Article 21 of this Law.

3. The Certificate of Adoption shall be sent to the People's Committee at the commune level where the adoptive parent or the adopted child resides.

Article 23. Reporting on the Development of Adopted Children and Supervision of Adoption

1. Every six months within three years from the date of adoption, the adoptive parents have the responsibility to report to the People's Committee at the commune level where they reside about the health, physical condition, mental state, and integration of the adopted child with the adoptive parents, family, and community.

2. The People's Committee at the commune level where the adoptive parents reside has the responsibility to inspect and supervise the implementation of adoption.

Article 24. Consequences of Adoption

1. From the date of adoption, there shall be full rights and obligations between the adoptive parents and the adopted child as between parents and children; between the adopted child and other members of the adoptive parents' family, there shall also be rights and obligations towards each other as prescribed by laws on marriage and family, civil laws, and other relevant laws.

2. At the request of the adoptive parents, the competent state agency shall decide on changing the surname and name of the adopted child. Changing the surname and name of an adopted child who is nine years old or older requires their consent.

3. The ethnicity of an abandoned adopted child shall be determined according to the ethnicity of the adoptive father and mother.

4. Except for cases where the birth parents and adoptive parents have agreed otherwise, from the date of adoption, the birth parents no longer have the rights and obligations to care for, raise, support, represent legally, compensate for damages, manage, and dispose of personal property of the child given up for adoption.

Article 25. Grounds for Termination of Adoption

Adoption may be terminated in the following cases:

1. The adopted child has reached adulthood and the adoptive parents voluntarily terminate the adoption.

2. The adopted child is convicted of intentionally infringing upon the life, health, dignity, reputation of the adoptive parents; mistreating, torturing the adoptive parents, or the adopted child has committed acts of squandering the property of the adoptive parents.

3. The adoptive parents are convicted of intentionally infringing upon the life, health, dignity, reputation of the adopted child; mistreating, torturing the adopted child.

4. Violation of the provisions of Article 13 of this Law.

Article 26. Organizations and Individuals Entitled to Request Termination of Adoption

1. Adoptive parents.

2. An adopted child who has reached adulthood.

3. Birth parents or guardians of the adopted child.

4. The following agencies and organizations have the right to request termination of adoption when there is one of the grounds specified in Clauses 2, 3, and 4 of Article 25 of this Law:

a) Labor, Invalids, and Social Affairs Office;

b) Women's Union.

Article 27. Consequences of terminating adoption

1. The rights and obligations between adoptive parents and adopted children terminate from the date the court's decision to terminate the adoption becomes legally effective.

2. In cases where the adopted child is a minor or an adult who has lost capacity for civil acts and is unable to work, the court shall decide to entrust the care, upbringing, and education of that person to their biological parents or other organizations or individuals for the best interests of that person.

3. Where the adopted child is entrusted to their biological parents, the rights and obligations of the biological parents that were terminated according to Clause 4, Article 24 of this Law shall be restored.

4. If the adopted child has personal property, they shall recover such property; if the adopted child has contributed to the common property of the adoptive parents, they shall receive a corresponding share of the property based on the agreement with the adoptive parents; if no agreement can be reached, they may request the court to resolve it.

5. The adopted child has the right to reclaim their surname and name as before being adopted.

Chapter III

ADOPTION OF CHILDREN WITH FOREIGN ELEMENTS

Article 28. Cases of adoption involving foreign elements

1. Vietnamese persons residing abroad, foreigners permanently residing in countries that are members of international treaties on adoption with Vietnam, adopting Vietnamese children as adopted children.

2. Vietnamese persons residing abroad, foreigners permanently residing abroad may adopt specific individuals under the following circumstances:

a) Being the stepparent or stepmother of the person to be adopted;

b) Being the aunt, uncle, or cousin of the person to be adopted;

c) Having an adopted child who is a sibling of the child to be adopted;

d) Adopting disabled children, HIV/AIDS-infected children, or children suffering from other serious diseases;

đ) Being a foreigner working or studying in Vietnam for at least one year.

3. Vietnamese citizens permanently residing in Vietnam adopting foreign children as adopted children.

4. Foreigners permanently residing in Vietnam adopting children in Vietnam.

Article 29. Conditions for adoptive parents

1. Vietnamese persons residing abroad, foreigners permanently residing abroad adopting Vietnamese persons as adopted children must meet the conditions stipulated by the laws of the country where they reside and as provided for in Article 14 of this Law.

2. Vietnamese citizens adopting foreigners as adopted children must meet the conditions stipulated in Article 14 of this Law and the laws of the country where the person to be adopted resides.

Article 30. Legalization of consular documents and materials

Documents and materials in the file of the adoptive parent, the file of foreign adoption organizations established, issued, or confirmed by competent authorities of foreign countries must be legalized for use in Vietnam, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a member or under the principle of reciprocity.

Article 31. File of the adoptive parent

1. The file of Vietnamese persons residing abroad, foreigners permanently residing abroad adopting Vietnamese persons as adopted children must include the following documents and materials:

a) Application for adoption;

b) Copy of Passport or substitute document;

c) Document permitting adoption in Vietnam;

d) Psychological and family investigation report;

đ) Health status confirmation document;

e) Income and asset confirmation document;

g) Criminal record certificate;

h) Marriage status confirmation document;

i) Document proving the case falls within the specific adoption provisions set out in Clause 2, Article 28 of this Law.

2. The documents and materials specified in points b, c, d, đ, e, g, and h of Clause 1 of this Article must be established, issued, or confirmed by the competent authority of the country where the adoptive parent resides.

3. The file of the adoptive parent shall be prepared in two copies and submitted to the Ministry of Justice through the central agency responsible for adoption in the country where the adoptive parent resides; in cases of specific adoption as stipulated in Clause 2, Article 28 of this Law, the adoptive parent may directly submit the file to the Ministry of Justice.

Article 32. Documents of a person proposed to be adopted by a foreigner

1. The documents of a person proposed to be adopted by a foreigner shall include:

a) The papers and documents specified in Clause 1, Article 18 of this Law;

b) A document on the characteristics, preferences, and noteworthy habits of the child;

c) Evidence that the search for substitute families within the country for the child has been conducted according to Clause 2, Article 15 of this Law but was unsuccessful.

2. The documents specified in Clause 1 of this Article shall be prepared in three sets and submitted to the Department of Justice at the place where the person proposed to be adopted usually resides.

3. Birth parents or guardians prepare the documents of a person proposed to be adopted who lives with a family; a care facility prepares the documents of a child proposed to be adopted who lives in a care facility.

Article 33. Responsibility for examining, verifying documents and confirming that children meet the conditions to be adopted

1. The Department of Justice shall be responsible for examining the documents, soliciting opinions from those persons specified in Article 21 of this Law within twenty days from the date of receiving complete valid documents. Soliciting opinions must be recorded in writing and signed or fingerprinted by the person whose opinion is sought.

In cases where abandoned children need verification, the Department of Justice requests the provincial police or the central city police to verify; the police agency is responsible for verifying and replying in writing within thirty days from the date of receiving the request from the Department of Justice.

2. After examination and verification according to Clause 1 of this Article, if it is found that the child meets the conditions to be adopted by a foreigner, the Department of Justice shall confirm and send to the Ministry of Justice.

Article 34. Responsibility for examining and transferring documents of the adoptive parent

1. The Ministry of Justice shall be responsible for examining and processing the documents of the adoptive parent according to Clause 2 or Clause 3 of this Article within fifteen days from the date of receiving complete valid documents.

2. In cases where the specific adoptive parent is specified in Clause 2, Article 28 of this Law, the Ministry of Justice transfers the documents to the Department of Justice at the place where the person proposed to be adopted usually resides for submission to the provincial People's Committee for consideration and decision.

3. After the expiration of the announcement period for finding substitute families for the child as stipulated in Clause 2, Article 15 of this Law, if the child is not adopted by anyone in the country, the Ministry of Justice shall transfer the documents of the adoptive parent to the Department of Justice at the place where the child proposed to be adopted usually resides for consideration and introduction of the child to be adopted according to the procedure prescribed in Article 36 of this Law, except in cases specified in Clause 2 of this Article.

Article 35. Basis for introducing children to be adopted

Introducing children to be adopted by foreigners shall be carried out in the best interests of the child, taking into account the interests of the adoptive parent based on ensuring the following basic requirements:

1. Characteristics, preferences, and noteworthy habits of the child;

2. The child's ability to integrate and develop;

3. Economic conditions, family and social environment, and the wishes of the adoptive parent.

Article 36. Procedure for introducing children to be adopted

1. Within thirty days from the date of receiving the documents of the adoptive parent, the Department of Justice shall consider and introduce the child to be adopted based on ensuring the bases specified in Article 35 of this Law and report to the provincial People's Committee. Within ten days from the date of receiving the documents submitted by the Department of Justice, if the provincial People's Committee agrees, it shall notify the Department of Justice to proceed with the procedures to transfer the documents to the Ministry of Justice; if it does not agree, it shall reply in writing and specify the reasons.

Before the Department of Justice considers and introduces the child to be adopted by a foreigner, if there is someone in the country who adopts the child, that person shall contact the People's Committee of the commune where the child usually resides for consideration and resolution; if the adoption has been completed, the commune People's Committee shall report to the Department of Justice to terminate the introduction of the child to be adopted by a foreigner.

2. Within thirty days from the date of receiving the report on the results of introducing the child to be adopted, the Ministry of Justice shall examine the introduction of the child to be adopted, and if it is valid, it shall prepare an assessment of the Vietnamese child meeting the conditions to be adopted by a foreigner and notify the competent authority of the country where the adoptive parent usually resides.

3. Within fifteen days from the date of receiving the notification from the competent authority of the country where the adoptive parent usually resides about the adoptive parent's agreement with the child proposed to be adopted, confirming that the child will enter and reside in the country where the child is adopted, the Ministry of Justice shall notify the Department of Justice.

The adoptive parent may not have any contact with the birth parents, guardians, or care facilities of the child before receiving the notification of the introduction of the child to be adopted, except in cases specified in Clause 2, Article 28 of this Law.

4. If the adoptive parent refuses to accept the child proposed to be adopted without a legitimate reason, the process of handling the application for adoption by that person shall be terminated.

Article 37. Decision on foreign adoption and organization of adoption handover

1. After receiving the notification from the Ministry of Justice as stipulated in Clause 3, Article 36 of this Law, the Department of Justice shall submit to the People's Committee at the provincial level for a decision on foreign adoption of children.

Within fifteen days from the date of receipt of the dossier submitted by the Department of Justice, the People's Committee at the provincial level shall make a decision on foreign adoption of children.

2. Immediately upon issuance of the decision on foreign adoption of children by the People's Committee at the provincial level, the Department of Justice shall notify the adoptive parent(s) to come to Vietnam to receive the child. The adoptive parent(s) must be present in Vietnam to directly receive the child within sixty days from the date of receipt of the notification from the Department of Justice; in cases where one of the spouses requests adoption but cannot be present at the adoption handover ceremony due to objective reasons, they must grant authority to the other spouse; if there are valid reasons, the above period may be extended, but not exceeding ninety days. Upon expiration of the aforementioned period, if the adoptive parent(s) do not come to receive the child, the People's Committee at the provincial level shall revoke the decision on foreign adoption of children.

The Department of Justice shall register the adoption according to the provisions of the law on civil status registration and organize the adoption handover ceremony at the Department of Justice's office, with the presence of representatives of the Department of Justice, the adopted child, adoptive parents, representatives of the care facility for the child being adopted from the care facility or birth parents, guardians of the child for the child being adopted from the family.

The adoption handover must be recorded in a protocol, signed or thumb-printed by all parties and representatives of the Department of Justice.

4. After the adoption handover, the Department of Justice shall be responsible for sending the decision on foreign adoption of children made by the People's Committee at the provincial level, the adoption handover protocol, and simultaneously send it to the People's Committee at the commune level where the child given for foreign adoption resides.

5. The Ministry of Justice shall send the decision on foreign adoption of children to the Ministry of Foreign Affairs to notify the Vietnamese representative agency abroad about the child being adopted so that necessary measures can be taken to protect the child.

Article 38. Certification of Adoption

The Ministry of Justice shall certify the adoption proceedings have been carried out in accordance with the provisions of this Law and international conventions on adoption to which the Socialist Republic of Vietnam is a party, if requested by competent authorities or organizations abroad.

Article 39. Notification of Development of Adopted Child

Every six months within three years from the date of adoption handover, the adoptive parents shall be responsible for notifying the Ministry of Justice and the Vietnamese representative agency in the country where the adopted child resides about the health, physical condition, mental state, and integration of the adopted child with the adoptive parents, family, and community.

Article 40. Vietnamese Citizens Residing in Vietnam Accepting Foreign Children for Adoption

1. Vietnamese citizens accepting foreign children for adoption must prepare a dossier in accordance with Article 17 of this Law and submit it to the Ministry of Justice. The Ministry of Justice shall examine and issue a certificate confirming that the adoptive parent(s) meet the conditions for adoption under Vietnamese law within thirty days from the date of receipt of a complete and valid dossier. In case of necessity, the Ministry of Justice may request the Department of Justice at the place of residence of the person concerned to verify, in which case the time limit may be extended, but not exceeding sixty days.

2. After completing the procedures for accepting foreign children for adoption, Vietnamese citizens shall be responsible for registering the adoption at the Department of Justice and the People's Committee at the commune level where they reside.

Article 41. Foreign residents in Vietnam adopting children

1. The provisions of Articles 14, 15, 16, 17, 18, 21, 23, 24, 25, 26, and 27 of this Law shall apply to foreign residents in Vietnam adopting children in Vietnam.

2. The adoption dossier of the adopter and the child to be adopted shall be submitted to the Department of Justice where the child to be adopted resides. The Department of Justice shall be responsible for reviewing the dossier and soliciting opinions from those persons specified in Article 21 of this Law.

When it is determined that the adopter and the child to be adopted meet the conditions stipulated by this Law, the Department of Justice shall submit the matter for consideration and decision by the provincial People's Committee.

3. Within fifteen days from the date of receipt of the dossier submitted by the Department of Justice, the provincial People's Committee shall decide whether to allow foreign residents in Vietnam to adopt children; in case of refusal, the adopter must be notified in writing with reasons provided.

4. Immediately upon issuance of the decision by the provincial People's Committee, the Department of Justice shall register the adoption according to the law on civil status registration, organize the handover ceremony at the Department of Justice's office in the presence of representatives from the Department of Justice, the child to be adopted, adoptive parents, representatives from the care facility if the child is adopted from such a facility, or biological parents and guardians if the child is adopted from a family, and send the decision to the People's Committee of the commune where the adopter resides. If the adopter fails to receive the child without a valid reason, the provincial People's Committee shall revoke the decision allowing the foreign resident in Vietnam to adopt a child.

The adoption handover must be recorded in a protocol, signed or thumb-printed by all parties and representatives of the Department of Justice.

Article 42. Adoption in border areas

Based on the provisions of this Law and actual circumstances, the Government shall specify the procedures for resolving adoptions between Vietnamese citizens and citizens of neighboring countries residing in border areas.

Article 43. Foreign adoption organizations operating in Vietnam

1. A foreign adoption organization shall be granted permission to operate in Vietnam when it meets the following conditions:

a) Legally established and operating non-profitably in the field of adoption within the territory of a country that is a member of an international convention on adoption to which Vietnam is also a party;

b) Authorized by the competent authority on adoption in the country of establishment to operate in the field of adoption in Vietnam;

c) Having continuously operated in the field of international adoption for three years or more without violating the law and confirmed by the competent authority of that country;

d) Possessing a team of social workers and legal staff knowledgeable about Vietnamese laws, culture, society, and international laws on adoption;

đ) The representative of the organization in Vietnam meeting ethical and professional standards in the field of adoption.

2. Foreign adoption organizations operating in Vietnam shall have the following rights and obligations:

a) Advising adopters on economic and social conditions, family circumstances, social environment, needs, and preferences of Vietnamese children;

b) Acting on behalf of adopters to carry out procedures for resolving adoptions in Vietnam;

c) Assisting in finding substitute families for disabled children, HIV/AIDS-infected children, or children suffering from other serious illnesses;

d) Being provided with information, laws, and participating in training courses on adoption organized by the competent authorities of Vietnam;

đ) Renting premises and employing Vietnamese labor according to the law;

e) Adhering to the law and respecting Vietnamese customs and traditions;

g) Annually reporting on the development situation of Vietnamese children adopted to the Ministry of Justice;

h) Supporting adoptive parents in preserving the cultural identity of Vietnam for adopted children;

i) Paying fees for issuing, extending, amending, and renewing the permit to operate in Vietnam;

k) Reporting on their activities, being subject to inspection and audit by Vietnamese competent authorities according to the law.

3. Foreign adoption organizations shall have their permits revoked in Vietnam in the following cases:

a) No longer meeting the conditions stipulated in Clause 1 of this Article;

b) Violating the obligations set forth in point e of Clause 2 of this Article.

4. The Government shall specify detailed regulations on the collection, management, use of fees, and procedures for issuing, extending, amending, and revoking permits for foreign adoption organizations operating in Vietnam.

Chapter IV

RESPONSIBILITIES OF STATE AUTHORITIES REGARDING ADOPTION

Article 44. State Management Authority for Adoption

1. The Government shall uniformly manage state affairs concerning adoption.

2. The Ministry of Justice shall be responsible before the Government to implement state management over adoption.

3. Ministries and ministerial-level agencies within their respective tasks and authorities shall have the responsibility to coordinate with the Ministry of Justice to implement state management over adoption.

4. People's Committees at all levels within their respective tasks and authorities shall have the responsibility to implement state management over adoption in their localities.

Article 45. Responsibilities of the Ministry of Justice

1. To issue or submit to competent state agencies for issuance legal normative documents on adoption.

2. To issue and organize the uniform implementation of forms and records related to adoption; to grant, extend, amend, and revoke licenses for foreign adoption organizations operating in Vietnam.

3. To inspect, examine complaints and denunciations, and handle violations of laws on adoption within its authority.

4. To cooperate internationally on adoption matters.

5. To perform other tasks and exercise other powers as prescribed by this Law.

Article 46. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To guide and inspect the acceptance of children into care facilities and the adoption of children from such facilities, ensuring compliance with the legal provisions regarding eligible subjects.

2. To direct and guide the labor, invalids, and social affairs sector in managing, caring for, nurturing, and educating children, and taking preventive measures against child abandonment.

3. To inspect and monitor the acceptance, management, and utilization of support and donations from organizations and individuals for the purpose of protecting and caring for children.

Article 47. Responsibilities of the Ministry of Public Security

1. To direct the implementation of preventive measures, detection, investigation, and handling of violations of laws in the field of adoption.

2. To guide provincial and centrally-administered city police departments in verifying the origins of abandoned children who are adopted.

Article 48. Responsibilities of the Ministry of Foreign Affairs

1. To direct Vietnamese representative offices abroad to take necessary measures to protect Vietnamese children adopted abroad.

2. To guide Vietnamese representative offices abroad in registering adoptions in accordance with this Law.

Article 49. Responsibilities of People's Committees at All Levels

1. Provincial People's Committees shall have the following responsibilities:

a) To decide on inter-country adoptions in accordance with this Law;

b) To disseminate and popularize laws on adoption in their localities;

c) To report to the Ministry of Justice on the situation of resolving adoption cases and implementing laws on adoption in their localities;

d) To inspect, examine, resolve complaints and denunciations, and handle violations of laws in the field of adoption within their authority.

2. District People's Committees shall have the following responsibilities:

a) To resolve household registration matters related to adoption;

b) To disseminate and popularize laws on adoption in their localities;

c) To inspect and monitor the situation of adoption in their localities; to resolve complaints and denunciations and handle violations of laws in the field of adoption within their authority;

d) To report to the Provincial People's Committee on the situation of resolving adoption cases and implementing laws on adoption in their localities.

3. Commune People's Committees shall have the following responsibilities:

a) To register and monitor domestic adoptions, note inter-country adoptions;

b) To disseminate and popularize laws on adoption in their localities;

c) To resolve complaints and denunciations and handle violations of laws in the field of adoption within their authority;

d) To report to the District People's Committee on the situation of resolving adoption cases and implementing laws on adoption in their localities.

Chapter V

IMPLEMENTING PROVISIONS

Article 50. Transitional Provisions

1. Adoptions between Vietnamese citizens that occurred prior to the effective date of this Law and were not registered with competent state agencies shall be registered within five years from the effective date of this Law if they meet the following conditions:

a) The parties had the required conditions for adoption according to the law at the time the adoption relationship was established;

b) At the time this Law becomes effective, the parent-child relationship still exists and both parties are alive;

c) There is a relationship of care, nurturing, and education between adoptive parents and adopted children similar to that between biological parents and children.

2. After registration, the adoption relationship specified in Clause 1 of this Article shall have legal effect from the time the adoption relationship was established.

3. The Government shall provide detailed regulations on the procedures for registering adoptions as stipulated in this Article, ensuring convenience and suitability with the actual conditions of the people in various regions and areas.

Article 51. Abolish Chapter VIII, Article 105 and amend and supplement some articles of the Marriage and Family Law

1. Abolish Chapter VIII consisting of Articles from Article 67 to Article 78 and Article 105 of the Marriage and Family Law No. 22/2000/QH10.

2. Amend and supplement Article 109 of the Marriage and Family Law No. 22/2000/QH10 as follows:

"Article 109. Effective Date
1. The adoption of children shall be carried out in accordance with the Adoption Law.

2. …"

Article 52. Effective date

1. This Law takes effect from January 1, 2011.

2. The Government shall provide detailed regulations and guidance on implementing the provisions assigned in this Law; guide other necessary contents of this Law to meet the requirements of state management.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, seventh meeting on June 17, 2010.