What conditions must foreign adoption agencies in Vietnam meet to be granted an operation license?
- What conditions must foreign adoption agencies in Vietnam meet to be granted an operation license?
- What documents are included in the dossier of foreign adoption agencies for granting operation license in Vietnam?
- What is the validity period of license to the foreign adoption agencies operating in Vietnam?
What conditions must foreign adoption agencies in Vietnam meet to be granted an operation license?
According to Clause 1, Article 43 of the 2010 Law on Adoption in Vietnam stipulating foreign adoption organizations in Vietnam as follows:
Foreign adoption organizations in Vietnam
1. A foreign adoption organization shall be granted a license to operate in Vietnam when fully meeting the following conditions:
a/ It is lawfully established and operates not for profits in the adoption domain in the territory of the country having acceded to an adoption treaty to which Vietnam is a contracting party;
b/ It is permitted by a competent adoption agency in the country in which it is established to operate in the adoption domain in Vietnam;
c/ It has operated in the intercountry adoption for 3 or more consecutive years without committing any violations as certified by a competent agency of the host country;
d/ It has a staff of social and legal workers knowledgeable about Vietnam's laws, culture and society and international law on adoption:
e/ It has a representative possessing goods ethical qualities and adoption expertise.
Thus, according to regulations, foreign adoption agencies shall be granted a license to operate in Vietnam when fully meeting the above conditions.
What conditions must foreign adoption agencies in Vietnam meet to be granted an operation license? (Image from the Internet)
What documents are included in the dossier of foreign adoption agencies for granting operation license in Vietnam?
Pursuant to the provisions of Clause 1, Article 31 of Decree No. 19/2011/ND-CP (some clauses are annulled by Clause 3, Article 2 of Decree No. 24/2019/ND-CP), the dossier of foreign adoption agencies for granting operation license in Vietnam must comprise:
- A written request of foreign adoption agencies for granting adoption operation license in Vietnam;
- Copy of its charter, its operation regulation, or established document of foreign adoption agencies;
- Copy of permission granted by competent agency of the country in which it is established to operate in the foreign adoption domain in Vietnam.
- Report on the international adoption activities in recent 3 consecutive years including financial revenues, expenditures, certified without committing any violations by competent adoption agency in the country in which it is established, report on adoption operation in Vietnam in case already having foreign adoption activities in Vietnam.;
- Curriculumm vitae, judicial record sheet, copy of diplomas, certificates of skill and knowledge of person expected to be head of foreign adoption agencies and agencies’ written agreement deligating such person to be head of foreign adoption agencies.
What is the validity period of license to the foreign adoption agencies operating in Vietnam?
According to Article 33 of Decree No. 19/2011/ND-CP stipulating the orders for granting license to the foreign adoption agencies operating in Vietnam as follows:
Orders for granting license to the foreign adoption agencies operating in Vietnam
1. Within 60 days, from the date of receiving a complete and valid dossier, Department of Child Adoption examines, considers and decides dossier; interview to examine, value standards of person expected to be head of Vietnam-based foreign adoption agencies; examines, values conditions, skill and knowledge capability and staff-force of foreign adoption agencies; reports to the Minister of justice for suggesting Ministry of Public Security giving opinion.
2. Within 30 days, from the date of Ministry of Justice’s suggestion receipt, Ministry of Public Security issiues written reply to Ministry of Justice.
3. Within 05 working days, from the date of Ministry of Public Security’s reply receipt, Department of Child Adoption completes dossier, reports to Minister of Justice for deciding to grant operating license of intercountry adoption activities in Vietnam (hereinafter called as the Lisense) to the foreign adoption agencies and inform to Ministry of Public Security, competent tax agencies for coordinating to manage; in case of refusing to grant License, Department of Child Adoption issue written information stating the reason to the foreign adoption agencies.
4. License has valid of not excess 05 years in the whole country from the date of issuance and may be extended many times but once is not excess five years.
Thus, according to the above regulations, a license to the foreign adoption agencies operating in Vietnam has valid of not excess 05 years in the whole country from the date of issuance and may be extended many times but once is not excess five years.
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