Consolidated Document number 951/VBHN-BTP detailing the implementation of certain provisions of the Law on Adoption

MINISTRY OF JUSTICE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 951/VBHN-BTP	Hanoi, March 21, 2019

DECREE

DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON ADOPTION

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

1. Decree No. 114/2016/NĐ-CP dated July 8, 2016 of the Government stipulating fees for adoption registration and fees for issuing licenses to foreign adoption organizations, which took effect 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 provisions of the Law on Adoption, which took effect from April 25, 2019;

Based on the Law on the Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Justice[1],

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree details the procedures for receiving, managing, and using humanitarian support for nurturing, caring for, and educating children with special circumstances under Article 7; the authority to collect, the amount of collection, exemptions, reductions, management, and use of costs for resolving international adoptions under Article 12; the procedures for resolving domestic adoptions between Vietnamese citizens and citizens of neighboring countries residing in border areas under Article 42; and the procedures for issuing, extending, and amending licenses for foreign adoption organizations operating in Vietnam under Article 43; and the procedures for registering domestic adoptions between Vietnamese citizens before January 1, 2011, that were not registered in accordance with Article 50 of the Law on Adoption.

2. This Decree guides the implementation of certain issues regarding the authority, procedures, and formalities for resolving domestic adoptions, adoptions at Vietnamese agencies abroad (hereinafter referred to as "Agency"), and intercountry adoptions under Articles 9, 15, 17, 18, 20, 21, 22, 28, 30, 31, 32, 33, 34, and 36 of the Law on Adoption; re-registering adoptions and recording adoptions resolved by competent authorities of foreign countries in the Adoption Registration Book.

Article 2. Authority for Registering Adoptions

The authority for registering adoptions shall be implemented in accordance with Article 9 of the Law on Adoption and the specific provisions below:

1. 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 adopter resides or where the adoptee 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 record of the child being abandoned was made 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.

2. For international adoptions, the People's Committee of the province or centrally administered city (hereinafter referred to as "People's Committee of the province") where the adoptee usually resides shall decide to allow the person to be adopted; in cases where children in care facilities are adopted, the People's Committee of the province where the care facility is located shall decide to allow the child to be adopted.

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

3. For adoptions between Vietnamese citizens temporarily residing abroad, the Agency where the adoptee or the adopter is temporarily residing shall register the adoption; in cases where both parties are temporarily residing in a country without an Agency, the adopter shall submit the adoption registration application to the most convenient Agency for them.

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

1. Disabled children and children with serious illnesses who may be adopted specifically under Point d, Clause 2, Article 28 of the Law on Adoption include children with cleft lip and palate; children blind in one or both eyes; deaf and mute children; children with clubfoot or clubhand; children without fingers or hands; children infected with HIV; children with heart diseases; children without an anus or genitalia; children with blood diseases; other disabled children or children with other serious illnesses requiring urgent or lifelong treatment.

2. Children falling within the scope of Clause 1 of this Article, if adopted abroad, shall be exempt from the procedure to notify the search for substitute families as stipulated in Points c and d, Clause 2, Article 15 and the procedure to introduce children for adoption as stipulated in Clause 1, Article 36 of the Law on Adoption.

3.[7] (Repealed)

Article 4. Support, reception, management, and utilization of humanitarian aid at care facilities

[8]

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

1. CIndividuals and organizations inside and outside Vietnam 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 have children adopted; care facilities shall not commit to having children adopted due to receiving humanitarian aid.

In case individuals and organizations when providing humanitarian aid in cash, it must be done through the account of the care facility.

3. When providing and receiving humanitarian aid, in addition to complying with the provisions of Clauses 1 and 2 of this Article, foreign adoptive parents, foreign adoption organizations licensed to operate in Vietnam, and care facilities shall have the following responsibilities:

a) Foreign adoptive parents of individuals registered in accordance with the law continues to be updated into the information report to foreign adoption organizations about humanitarian aid provided in Vietnam;

b) Every six months and annually or upon request, foreign adoption organizations shall report to the Adoption Bureau under the Ministry of Justice (hereinafter referred to as the Adoption Bureau) the about the humanitarian aid provided by adoptive parents and the organization;

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 Adoption Bureau on the receipt, management, and utilization of humanitarian aid provided by foreign adoptive parents and foreign adoption organizations licensed to operate in Vietnam.

Article 5. Validity Period of Documents

1. The Certificate of Criminal Record, health examination certificate, family circumstances confirmation document, residence status document, economic condition document of domestic adoptive parents as stipulated in Article 17 of the Law on Adoption and the documents specified in Points b and d, Clause 1, Article 21 of this Decree shall be valid for use if issued not more than six months prior to the date of submission of the dossier to the People's Committee of the commune.

2. The Certificate of Criminal Record, health status confirmation document, psychological investigation report, family investigation report, income and asset confirmation document of foreign adoptive parents as stipulated in Article 31 of the Law on Adoption shall be valid for use if issued not more than twelve months prior to the date of submission of the dossier to the Adoption Bureau.

3. The Certificate of Criminal Record of the proposed head of a foreign adoption office in Vietnam as stipulated in Point g, Clause 1, Article 31 of this Decree shall be valid for use if issued not more than six months prior to the date of submission of the dossier to the Adoption Bureau.

Chapter II

SPECIFIC PROVISIONS ON CERTAIN PROCEDURES FOR RESOLVING ADOPTION MATTERS

Section 1. DOMESTIC ADOPTION

Article 6. Review and identify potential adoptive parents for children

[10]

1. In cases where abandoned children, orphaned children with both parents deceased, or children without a place to stay are temporarily being 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 each month. If there is a Vietnamese citizen residing within the country who wishes to adopt the child, the People's Committee of the commune shall consider and resolve the adoption matter or guide the resolution process in accordance with the law.

2. In cases where abandoned children, orphaned children with both parents deceased, or children without a place to stay are taken in to live at a care facility, the care facility shall evaluate the need for these children to be adopted. If there is a Vietnamese citizen residing within the country who wishes to adopt the child, the care facility shall provide one set of the child's dossier to the adoptive parent to complete the adoption registration process.

If there is no Vietnamese citizen residing within the country willing to adopt the child, the care facility shall prepare a dossier for the child including the documents and materials specified in points a and b of Clause 1, Article 32 of the Adoption Law, and seek the opinion of the supervising authority. Within five working days from the date of receiving the complete dossier, the supervising authority shall provide its opinion to the Department of Justice along with the child's dossier to announce the search for adoptive parents.

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

a) When receiving the child's dossier as stipulated in Clause 2 of this Article, if there is a Vietnamese citizen residing within the country who registers their desire to adopt according to Article 16 of the Adoption Law, the Department of Justice shall provide one set of the child's dossier to the adoptive parent and introduce the adoptive parent to the People's Committee of the commune where the care facility is located to consider and resolve the adoption matter in accordance with the law;

b) In cases where there is no Vietnamese citizen residing within the country registering their desire to adopt, for children not falling under the provisions of Clause 1, Article 3 of the Decree, the Department of Justice shall announce the search for adoptive parents for the child. After the announcement period as stipulated in point c, Clause 2, Article 15 of the Adoption Law has expired, if there is still no Vietnamese citizen residing within the country willing to adopt the child, the Department of Justice shall send one set of the child's dossier including the documents and materials specified in Clause 1, Article 32 of the Adoption Law to the Adoption Bureau to announce the search for adoptive parents as stipulated in point d, Clause 2, Article 15 of the Adoption Law.

AGAINST For children falling under the provisions of Clause 1, Article 3 of the Decree, the Department of Justice shall confirm that the child meets the conditions to be given up for adoption and send one set of the child's dossier including the documents and materials specified in points a and b of Clause 1, Article 32 of the Adoption Law and Clause 3, Article 16 of the Decree to the Adoption Bureau to find a specific adoptive parent with suitable conditions for caring for and raising the child.

Article 7. Dossier of the Adoptive Parent

The dossier of the domestic adoptive parent is established in one set, consisting of the documents specified in Article 17 of the Adoption Law. In cases where the adoptive parent and the child to be adopted do not fall under the provisions of Clause 3, Article 14 of the Adoption Law and do not reside in the same commune, the verification of the adoptive parent's family circumstances, living situation, and economic conditions shall be carried out as follows:

1. In cases where the adoptive parent submits the adoption registration dossier to the People's Committee of the commune where the child to be adopted resides, the document regarding the adoptive parent's family circumstances, living situation, and economic conditions shall be confirmed by the People's Committee of the commune where the adoptive parent resides.

2. In cases where the adoptive parent submits the adoption registration dossier to the People's Committee of the commune where they reside, the judicial officer shall verify the adoptive parent's family circumstances, living situation, and economic conditions.

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

1. Soliciting opinions from related parties on adoption shall be carried out in accordance with Article 20 of the Law on Adoption and shall be directly implemented by the judicial and household registration officials of the People's Committee of the commune where the adoptee resides.

2. In cases where the adopter submits the adoption registration application to the People's Committee of the commune where they reside but not where the adoptee resides, the solicitation of opinions from related parties on adoption shall be conducted as follows:

a) Where it is possible to dispatch a judicial and household registration official directly to solicit opinions, the People's Committee of the commune receiving the application shall issue a written request to the People's Committee of the commune where the adoptee resides to dispatch their judicial and household registration official to cooperate in soliciting opinions from related parties.

b) Where it is not possible to dispatch a judicial and household registration official directly to solicit opinions, the People's Committee of the commune receiving the application shall issue a written request to the People's Committee of the commune where the adoptee resides to solicit opinions from related parties.

Within ten days from the date of receipt of the request from the People's Committee of the commune receiving the application, the People's Committee of the commune where the adoptee resides shall dispatch its judicial and household registration official to directly solicit opinions from related parties and send the results to the requesting People's Committee.

3. The solicitation of opinions must be documented in writing and comply with the requirements stipulated in Clause 2 of Article 9 of this Decree.

Article 9. Requirements for Reviewing Applications and Soliciting Opinions from Related Parties

1. When reviewing applications, judicial and household registration officials must study and understand the thoughts, wishes, and circumstances of related parties. If the adoptee has biological parents, the judicial and household registration official must verify whether the biological parents have agreed with the adoptive parents to retain rights and obligations towards the child and the manner of exercising such rights and obligations after the adoption.

2. When soliciting opinions from related parties as prescribed in Articles 20 and 21 of the Law on Adoption, judicial and household registration officials must advise to ensure that children continue to be cared for, nurtured, and educated in a manner appropriate to the actual conditions and capabilities of the family.

In cases where adoption is the last resort for the best interests of the child, judicial and household registration officials must fully advise related parties about the purpose of adoption; the rights and obligations arising between adoptive parents and adopted children after registering the adoption; and the fact that biological parents will no longer have rights and obligations towards the child as stipulated in Clause 4 of 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, unclear comprehension of the advised issues, or influenced by psychological or health factors, agree to the adoption of a child and subsequently wish to change their opinion, within fifteen days from the date of soliciting opinions, related parties must notify in writing the People's Committee of the commune currently processing the adoption application. 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 shall be carried out in accordance with Article 22 of the Adoption Law and the specific provisions below:

1. The registration of adoption shall be conducted at the People's Committee office of the commune. When registering adoption, the adoptive parents, biological parents, guardians, or representatives of the care institution, and the person to be adopted must be present. The judicial officer shall record in the Adoption Registration Book and issue the Adoption Certificate to the parties involved.

2.[11] Based on the Adoption Certificate, upon request of the adoptive parents and with the consent of the adopted child who is nine years old or older, the competent authority for household registration shall implement the change of surname, middle name, and given name of the adopted child in accordance with civil law and household registration law.

3.[12] The supplementation and modification of information about father or mother in the birth certificate of the adopted child shall be carried out in accordance with the law on household registration.

Section 2. ADOPTION OF FOREIGN CHILDREN

Article 11.

[13]

(Repealed)

Article 12. Notification of list of countries exempt from legalization of public documents

The Consular Department under the Ministry of Foreign Affairs (hereinafter referred to as the Consular Department) shall be responsible for establishing, updating, and notifying the Adoption Department of the list of countries exempt from the legalization of public documents according to international treaties to which Vietnam is a member or based on the principle of reciprocity stipulated in Article 30 of the Adoption Law.

Article 13. Documents of the person adopting a child

The documents of Vietnamese persons residing abroad and foreign persons permanently residing abroad adopting Vietnamese children must include the documents prescribed in Clause 1 of Article 31 of the Adoption Law.

When submitting the application to the Adoption Department, the person adopting a child as specified in Clause 2 of Article 28 of the Adoption Law must submit one set of the child’s adoption documents and, depending on the case, must also provide the following documents:

1. A copy of the marriage certificate between the stepfather or stepmother and the biological mother or father of the child to be adopted.

2. Documents and materials to prove that the person adopting a child is an aunt, uncle, cousin, or other close relative of the child to be adopted.

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

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

5. Confirmation letter from the People's Committee or Police Station of the commune where the residence is located in Vietnam and other documents and materials to prove that the person adopting a child is a foreigner working or studying continuously in Vietnam for at least one year, calculated from the date of submission of the application to the Adoption Department.

Article 14. Documents of the person to be adopted

The documents of the person to be adopted must include the documents established in accordance with Article 32 of the Adoption Law and the specific provisions below:

1. A summary of the characteristics, preferences, and habits of the child must truthfully record information about the health status and any illnesses of the child, notable daily preferences and habits to facilitate the adoptive parent in caring for, raising, and educating the child after adoption.

In the case where a stepfather or stepmother adopts their spouse's child, this document is not required.

2.[14] For children who are adopted through referral procedures, the following documents must be provided:

a) A document from the Department of Justice accompanied by documents and materials regarding the notification of finding substitute families within the country for the child in accordance with point c, Clause 2, Article 15 of the Adoption Law;

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

3.[15] At the adoption ceremony, the Department of Justice hands over one set of the child's documents including those prescribed in Clause 1 of Article 32 of the Adoption Law and a document seeking the opinions of the biological parents or guardian and the opinion of the child who is nine years old or older regarding their agreement to be adopted; if the child is living in a care facility, there must be a document seeking the opinion of the Director of the care facility regarding the adoption of the child.

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

1. The Department of Justice shall review the documents and directly solicit opinions from relevant parties regarding placing children for adoption abroad in accordance with Clause 1 of Article 33 of the Law on Adoption.

2. The review 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 upon, or influenced by psychological or health factors, agree to place a child for adoption but later wish to change their opinion, they must notify the Department of Justice in writing within thirty days from the date of solicitation. 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

[16]

1. 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 appraise the children's documents and compare them with regulations concerning the subjects, age of children eligible for adoption, specific named adoption cases, and cases requiring referral procedures.

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

If an abandoned child has been verified by the provincial police to have information about the father or mother and the Department of Justice can contact the biological parents, the Department of Justice shall seek the opinion of the biological parents before confirming that the child meets the conditions for adoption.

If it is impossible to contact the biological parents, the Department of Justice shall post notice at its office for sixty days from the date of receiving the verification results, and simultaneously request the People's Committee of the last place of residence of the biological parents to post notice 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.

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

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

3. After confirming that children meet conditions for being placed for adoption abroad, the Department of Justice shall send to the National Adoption Agency the confirmation document that the children meet conditions for being placed for adoption, the verification document from the provincial police for cases of abandoned children, the opinion document of the biological parents or guardians, and the opinion of the child aged nine years or older agreeing to be placed for adoption; if the child is living in a care facility, there must also be a document soliciting the opinion of the Director of the care facility regarding the placement of the child for adoption.

Article 17. Procedures for Submitting and Accepting Adoption Application Files of Foreign Adoptive Parents

The procedures for submitting and accepting adoption application files of overseas Vietnamese and foreign nationals residing abroad who wish to adopt Vietnamese children shall be carried out in accordance with the provisions of Clause 3, Article 31 of the Law on Adoption and the specific provisions set forth below:

1. In cases of specific adoption, the adoptive parent directly submits the application file to the Adoption Bureau. If there is a valid reason preventing direct submission to the Adoption Bureau, the adoptive parent may authorize a family member or close relative permanently residing in Vietnam to submit the application file to the Adoption Bureau in writing, or send the application file to the Adoption Bureau via registered mail.

2. In cases of non-specific adoption, the adoptive parent residing in a country that is a party to an international agreement on adoption cooperation with Vietnam shall submit the application file to the Adoption Bureau through an adoption organization authorized to operate in Vietnam from their country; if their country does not have such an authorized organization, the adoptive parent shall submit the application file to the Adoption Bureau through the diplomatic mission or consular office of their country in Vietnam.

3. The Adoption Bureau will review and accept the application files of adoptive parents based on the number of Vietnamese children meeting the conditions to be adopted abroad.

Article 18. Requirements for Examining and Evaluating Adoption Application Files of Foreign Adoptive Parents

The examination of adoption application files of overseas Vietnamese and foreign nationals residing abroad who wish to adopt Vietnamese children shall be carried out in accordance with the provisions of Clause 1, Article 34 of the Law on Adoption and the specific provisions set forth below:

1. After receiving all the application files from the adoptive parent, the Adoption Bureau will examine and evaluate the files to determine:

a) Whether the adoptive parent 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 adoptive parent meets the conditions for adoption under Vietnamese law.

2. During the evaluation process, if necessary, the Adoption Bureau may seek opinions from experts in psychology, healthcare, family, and society to determine whether the adoptive parent has the best conditions to care for, nurture, and educate the adoptive child.

3. The adoption application file of the adoptive parent will be approved if it meets the requirements stipulated in Clauses 1 and 2 of this Article; in case of disapproval, the Adoption Bureau will return the file and provide the reasons in writing.

Article 19. Requirements for Transferring Adoption Application Files of Foreign Adoptive Parents to the Department of Justice for Introducing Children for Adoption

The Adoption Bureau will transfer the adoption application files of foreign adoptive parents to the Department of Justice in accordance with the provisions of Clause 3, Article 34 of the Law on Adoption. The transfer of files must be based on the number of children meeting the conditions to be adopted abroad and the number of application files of adoptive parents that have been approved.

Article 20. Requirements for Introducing Children for Overseas Adoption

The introduction of children for overseas adoption shall be carried out in accordance with the provisions of 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 will submit to the People's Committee at the provincial level for issuance of inter-ministerial coordination regulations to advise and consult on the introduction of children for overseas adoption, ensuring strictness, objectivity, and suitability with the needs and best interests of the children.

2. After introducing children for adoption, the Department of Justice will report to the People's Committee at the provincial level for comments. If the People's Committee at the provincial level agrees with the introduction of children for adoption, within five working days from the date of the People's Committee's approval, the Department of Justice will transfer one set of the child's application file along with the approval document of the People's Committee to the Adoption Bureau. If the People's Committee disagrees with the introduction by the Department of Justice, it will notify the reasons in writing so that the Department of Justice can re-introduce the children. If the Department of Justice cannot introduce the children within three months from the date of the provincial People's Committee's disagreement, it must return the adoptive parent's application file to the Adoption Bureau along with a document stating the reasons.

3. While checking the results of handling adoption matters as stipulated in Clause 2, Article 28 and Clause 2, Article 36 of the Law on Adoption, the Adoption Bureau may seek opinions from experts in psychology, healthcare, family, and society. If the child meets the conditions to be adopted abroad, the decision to allow the child to be adopted abroad will ensure compliance with the prescribed procedures and meet the best interests of the child, the Adoption Bureau will notify the adoptive parent, the relevant central agency of the foreign country on adoption, along with a report evaluating the child's eligibility for overseas adoption and a document seeking the consent of the biological parents or guardians and the opinion of the child aged nine years or older regarding the adoption; if the child lives in a care facility, there must be a document seeking the opinion of the Director of the care facility regarding the adoption of the child. If the child does not meet the conditions to be adopted, the decision to allow the child to be adopted does not comply with the prescribed procedures and does not meet the best interests of the child, the Adoption Bureau will notify the Department of Justice.

Section 3. ADOPTION OF FOREIGN CHILDREN IN BORDER AREAS

Article 21. Procedures for Foreign Nationals Residing in Border Areas of Neighboring Countries to Adopt 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) A copy of the Passport or equivalent document;

b) Criminal record sheet;

c) A document confirming that the adoptive parent meets the conditions for adoption as stipulated by the laws of that country;

d) A document confirming 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 prepared in two sets of files. The adoptive parent must submit two sets of their own files together with two sets of the child’s files to the People's Committee of the commune where the adopted child resides; each set of the child's files includes the documents prescribed in Article 18 of the Adoption Law.

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

3. Within fifteen days from the date of receiving complete valid files, the People's Committee of the commune will examine the files, seek opinions from relevant persons as prescribed in Article 9 of this Decree, and send a letter to the Department of Justice along with one set of the adoptive parent's files and one set of the child's files requesting an opinion.

4. Within ten days from the date of receiving the letter from the People's Committee of the commune, the Department of Justice will review the adoption application and respond in writing to the People's Committee of the commune.

5. Within five working days from the date of receiving the approval letter from the Department of Justice, the People's Committee of the commune will register the adoption and proceed with the handover of the child according to the procedures prescribed in Article 10 of this Decree; if the Department of Justice does not approve, the People's Committee of the commune will respond in writing and clearly state the reasons to the adoptive parent.

Article 22. Procedures for Vietnamese Citizens Residing in Border Areas to Adopt Children of Neighboring Countries

1. Vietnamese citizens residing in border areas who wish to adopt children of neighboring countries residing in border areas of those countries must meet all conditions as stipulated in Article 14 of the Adoption Law and the conditions prescribed by the laws of the neighboring country.

2. The adoption application file must include the documents prescribed in Article 17 of the Adoption Law and other documents required by the laws of the neighboring country; the number of sets of files shall be established according to the laws of the neighboring country.

3. After completing the file, the adoptive parent submits the file to the Department of Justice. The Department of Justice will examine the file and confirm if the person meets the conditions for adoption as stipulated in Article 14 of the Adoption Law.

4. After registering the adoption with the competent authority of the neighboring country, the adoptive parent must process the registration of the adoption at the People's Committee of the commune where they reside.

Section 4. ACTUAL ADOPTION WITHOUT REGISTRATION

Article 23. Registration of Actual Adoption

1. The actual adoption that has arisen between Vietnamese citizens before January 1, 2011, if meeting the conditions stipulated in Clause 1 of Article 50 of the Law on Adoption, shall 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 are habitually resident.

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

Article 24. Documents for Registration of Actual Adoption

1. The person receiving the adopted child must complete the Application for Registration of Actual Adoption and submit it to the People's Committee of the commune where they are habitually resident. In the Application, the date, month, and year when the actual adoption relationship arose must be clearly stated, and signed by at least two witnesses.

2. Accompanying the Application must be the following documents:

a) A copy of the Identity Card and Household Register of the person receiving the adopted child;

b) A copy of the Identity Card or Birth Certificate of the person being received as an adopted child;

c) A copy of the Marriage Certificate of the person receiving the adopted child, if applicable;

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

Article 25. Procedure for Registration of Actual Adoption

1. Within fifteen days from the date of receipt of complete and valid documents, the People's Committee of the commune will assign a judicial officer - civil registrar to cooperate with the police station to conduct inspections and verifications; if both the adoptive parent and the adopted child are still alive, the parent-child relationship among the parties continues to exist, and the parties actually care for, nurture, and educate each other like parents and children, then the People's Committee of the commune will register the adoption.

2. When registering the adoption, both the adoptive parent and the adopted child must be present. The judicial officer - civil registrar will record in the Adoption Registration Book and issue the Adoption Certificate to the parties.

Section 5. ADOPTION BETWEEN VIETNAMESE CITIZENS TEMPORARILY RESIDING ABROAD

Article 26. Documents for Registration of Adoption

1. The documents of the person receiving the adopted child are established in one set, including the documents prescribed in Article 17 of the Law on Adoption. In cases where the person receiving the adopted child has resided abroad for six months or more, the criminal record, health certificate, family situation confirmation document, residence condition, and economic status document may be issued by the competent authority of the country where the person resides.

2. The documents of the person being received as an adopted child are established in one set, including the documents specified in points a, b, and c, and depending on the specific case, additional documents as prescribed in point d, Clause 1 of Article 18 of the Law on Adoption may be required. In cases where the person being received as an adopted child has resided abroad for six months or more, the health certificate and corresponding documents as prescribed in point d, Clause 1 of Article 18 of the Law on Adoption may be issued by the competent authority of the country where the person resides.

Article 27. Procedures for Submitting Applications and Registering Adoption at Overseas Representative Offices

1. The adopter shall directly submit their application and the application of the person to be adopted to the Overseas Representative Office in accordance with Clause 3 of Article 2 of this Decree.

2. Within ten days from the date of receiving complete and valid applications, the Overseas Representative Office shall examine the applications and seek opinions from relevant parties regarding the adoption. The examination of applications and seeking opinions from relevant parties must comply with the requirements stipulated in Article 9 of this Decree.

3. If it is determined that all parties meet the conditions prescribed in Article 14 of the Adoption Law, within twenty days from the date of obtaining opinions from relevant parties, the Overseas Representative Office shall register the adoption.

When registering the adoption, the adoptive parents, birth parents, guardians, and the person to be adopted must be present. The Overseas Representative Office shall record the adoption in the Adoption Registration Book and issue the Adoption Certificate to the parties, while simultaneously sending a notification letter to the Adoption Department and Consular Department along with a copy of the Adoption Certificate.

4. In cases where the adoption application is unclear and requires verification by domestic authorities, the Overseas Representative Office shall send a document with a copy of the application to the Adoption Department, concurrently sending it to the Consular Department, requesting verification.

Within thirty days from the date of receipt of the request document, the Adoption Department shall request related domestic authorities to review and verify and respond to the Overseas Representative Office.

In cases of refusal to register, the Overseas Representative Office shall notify the adopter in writing of the reasons.

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

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

Section 6. RE-REGISTRATION OF ADOPTIONS AND RECORDING IN THE ADOPTION REGISTRATION BOOK OF ADOPTIONS RESOLVED BY FOREIGN AUTHORITIES[18]

Article 29. Re-registration of Adoptions

1. In cases where the adoption has been registered with competent Vietnamese authorities but both the Household Registry and the original adoption registration documents are lost or damaged and unusable, re-registration may be conducted if both the adoptive parents and the adopted child are still alive at the time of the re-registration request.

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 the 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 the adoption involving foreign elements.

3. The person requesting re-registration of the adoption must submit an Application for Re-registration of Adoption. In cases where the re-registration request is made at a People's Committee of a commune or Department of Justice that is not the place where the adoption was previously registered, the application must include a commitment from the person requesting re-registration regarding the truthfulness of the previous adoption registration and signatures of at least two witnesses.

4. Within five working days from the date of receiving complete and valid documents, the Chairman of the People's Committee of the commune shall sign and issue one original Adoption Certificate to the person requesting re-registration.

For cases of re-registering adoptions involving foreign elements, the Director of the Department of Justice shall submit to the Provincial People's Committee for issuance of a Decision allowing Vietnamese children to be adopted abroad to be issued to the person requesting re-registration.

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

Article 30. Recording of Adoption in the Adoption Register for adoptions resolved by competent authorities of foreign countries

[19]

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

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

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

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

For cases of adoption resolved in accordance with the provisions of point a, 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 include a certification document from the competent authority of the foreign country confirming that the adoption has been carried out in compliance with the international treaty.

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

Chapter III

PROCEDURES FOR ISSUING, EXTENDING, AMENDING, AND REVOKING LICENSES FOR FOREIGN ADOPTION ORGANIZATIONS OPERATING IN VIETNAM

Article 31. Documents of foreign adoption organizations applying for a license to operate in Vietnam

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

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

b) Copy of the Charter, Operating Regulations, or establishment document of the foreign adoption organization;

c) 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 foreign adoption in Vietnam;

d) Report on the operation in the field of international adoption over the last three years, including financial income and expenditure related to international adoption, not violating the law, and confirmed by the competent authority of the country where the organization was established; if the organization has already operated in the field of foreign adoption in Vietnam, it must provide a report on its operations in Vietnam;

đ)[20] (Repealed)

e)[21] (Repealed)

g) Personal history, criminal record certificate, copy of academic degrees and certificates of professional qualifications of the person proposed to head the foreign adoption office in Vietnam, and a document from the organization approving their appointment as the head of the foreign adoption office in Vietnam.

2. The documents specified in Clause 1 of this Article must be prepared in two sets and submitted to the Adoption Bureau.

Article 32. Criteria for the Head of Foreign Adoption Offices in Vietnam

1. The head of a foreign adoption office in Vietnam must meet the following criteria:

a) Must be 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) Must have good moral character;

c) Must not have a criminal record, and must not be prohibited from exiting or entering the country;

d) Must understand Vietnamese law, culture, and society related to adoption and international law on adoption.

2. One person may only head one foreign adoption office in Vietnam.

Article 33. Procedure for Issuing Licenses to Foreign Adoption Organizations Operating in Vietnam

1. Within sixty days from the date of receiving complete and valid documents, the Adoption Agency shall examine and appraise the application; interview to assess the qualifications of the person expected to head the foreign adoption office in Vietnam; check and evaluate the conditions and professional capacity of the organization and its staff; report to the Minister of Justice requesting the Ministry of Public Security to provide comments.

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

3. Within five working days from the date of receiving the written response from the Ministry of Public Security, the Adoption Agency shall complete the file, report to the Minister of Justice to decide on issuing the License for Foreign Adoption Activities in Vietnam (hereinafter referred to as the License) to the foreign 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 License, the Adoption Agency shall notify the reasons in writing to the foreign adoption organization.

4. The License 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. Renewal of the License

1. A foreign adoption organization that has been issued a License to operate in Vietnam, if strictly adhering to legal regulations, shall be eligible for License renewal.

2. At least sixty days before the expiration of the License, the foreign adoption organization must submit a renewal application to the Adoption Agency, along with the License and a report on activities in Vietnam.

3. Within thirty days from the date of receiving complete documents, the Adoption Agency shall review the application; inspect the operations of the foreign adoption office in Vietnam; re-evaluate the professional capacity of the foreign adoption organization if necessary; report to the Minister of Justice requesting the Ministry of Public Security to provide comments.

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

5. Within five working days from the date of receiving the written response from the Ministry of Public Security, the Adoption Agency shall complete the file, report to the Minister of Justice to decide on renewing the License and notify the Ministry of Public Security and the competent tax authority for coordination in management; in case of refusal to renew the License, the Adoption Agency shall notify the reasons in writing to the foreign adoption organization.

Article 35. Amendment of the License

1. In cases where a foreign adoption organization changes its name, the location of its headquarters in the country of establishment, or the location of its foreign adoption office in Vietnam, the organization must submit a request to the Adoption Agency to note the change.

Within five working days from the date of receiving the request for noting the change, the Adoption Agency shall report to the Minister of Justice to record the change in the License; notify the Ministry of Public Security and the competent tax authority for coordination in 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 Adoption Agency, accompanied by the License 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 five working days from the date of receiving complete and valid documents, the Adoption Agency shall review the application, report to the Minister of Justice requesting the Ministry of Public Security to provide comments, accompanied by 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 shall 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 Adoption Agency shall report to the Minister of Justice to approve the change in the head of the foreign adoption office in Vietnam and notify the Ministry of Public Security and the competent tax authority for coordination in management; in case of non-acceptance of the person expected to head the foreign adoption office in Vietnam, the Adoption Agency shall notify the reasons in writing to the foreign adoption organization.

Article 36. Revocation of Permit

1. An overseas adoption organization shall have its permit revoked to operate overseas adoption in Vietnam according to Clause 3 of Article 43 of the Adoption Law and the specific provisions below:

a) The overseas 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 overseas 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 while the organization does not request an extension or submits a request but it is not granted;

đ) The permit is revoked according to Vietnamese law.

2. The overseas adoption organization must return the permit to the Adoption Agency and settle all debts (if any) with relevant agencies, organizations, and individuals in Vietnam.

3. The Adoption Agency shall 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 Overseas Adoption Organizations in Vietnam

1. Based on actual circumstances, after exchanging with the Central Authority for International Adoption of related countries, the Ministry of Justice shall coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs to determine the number of overseas 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 relevant ministries, sectors, and localities to manage the offices of overseas adoption organizations in Vietnam.

Chapter IV

REGISTRATION FEES FOR ADOPTION, FEES FOR ISSUANCE, EXTENSION, AMENDMENT OF PERMITS OF OVERSEAS ADOPTION ORGANIZATIONS, AND COSTS FOR RESOLVING FOREIGN ADOPTION

Article 38. Principles of Collection, Submission, Management, and Usage

1.[22] (Repealed)

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

3. All funds collected under Clause 2 of this Article must be deposited into the account opened at the State Treasury by the collecting agency for management and usage according to regulations.

The collecting agency is responsible for preparing annual revenue and expenditure budgets for approval by the competent authority and implementing settlement according to current regulations.

Section 1[24] (Repealed)

Section 2. COSTS FOR RESOLVING FOREIGN ADOPTION

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

1. The amount of collection 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 incidental expenses actually incurred directly by the adoptive parent, including costs for transporting children abroad after being resolved for adoption.

2. The Adoption Agency is responsible for collecting costs for resolving foreign adoption.

Article 48. Subjects Paying, Exemption from Paying Costs for Resolving Foreign Adoption

1. Foreigners who are not habitual residents of Vietnam must pay costs for resolving foreign adoption when they agree to adopt Vietnamese children introduced according to Clause 3 of Article 36 of the Adoption Law.

2. Foreigners who are not habitual residents of Vietnam adopting children as stipulated in Clause 1 of Article 3 of this Decree are exempted from paying costs for resolving foreign adoption.

Article 49. Regulations on the Use of Costs for Resolving International Adoption

1. The agency collecting transfers 95% of the cost level specified in Clause 1 of Article 47 of this Decree to the provincial budget for allocation and use to improve the quality of child protection and care services at the local level, including:

a) 70% of the cost level specified in Clause 1 of Article 47 of this Decree shall be used for the care, education, and upbringing of children and to improve material conditions and equipment serving the needs and interests of children;

b) 15% of the cost level specified in Clause 1 of Article 47 of this Decree shall be used to supplement the salaries and enhance the capacity of staff at the care facility;

c) 5% of the cost level specified in Clause 1 of Article 47 of this Decree shall be used for verifying the origin of children given up for adoption;

d) 5% of the cost level specified in Clause 1 of Article 47 of this Decree shall be used for completing procedures and transferring adopted children.

The agencies and organizations using the costs are responsible for using the allocated portion effectively and for its intended purpose, maintaining records, and annually reporting to the People's Committee of the province, while also sending consolidated reports to the Department of Justice for reporting to the Ministry of Justice.

2. The agency collecting may retain 5% of the cost level specified in Clause 1 of Article 47 of this Decree for expenses related to collection and transfer of costs; issuing receipts for payment to the payer; maintaining records and monitoring the use of these funds to ensure they are used for their intended purposes and are effective; compiling and publicly reporting annually on the situation of collection, submission, and use of costs for resolving international adoption nationwide in accordance with regulations and international practices.

Chapter V

IMPLEMENTING PROVISIONS

[25]

Article 50. Transitional Provisions

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

2. Foreign adoption application files received by the Bureau of Adoption and notified to the adoptive parents about children eligible for adoption before January 1, 2011, which have not been resolved, shall 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 regarding 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 regarding family relations involving foreign elements, and other relevant documents.

3. Foreign adoption organizations that were granted permission to establish an overseas adoption office in Vietnam before January 1, 2011, may operate in Vietnam until September 30, 2011; if they wish to continue operating in Vietnam, foreign adoption organizations must meet the required conditions and obtain permission to operate overseas adoption in Vietnam according to the provisions of 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 certain 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 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 stipulating the application of the Marriage and Family Law to ethnic minorities.

Article 52. Effective date

1. This Decree shall take effect from May 8, 2011.

2. The Ministry of Justice shall organize the implementation of this Decree./.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Nguyen Khanh Ngoc