What is a substitute family? What is the order of priority in the selection of substitute families for children in Vietnam?
- What is a substitute family? What is the order of priority in the selection of substitute families for children in Vietnam?
- What are the regulations on finding a substitute family for children in Vietnam?
- Is a document evidencing the failure of finding a domestic substitute family required in the dossiers of persons introduced for adoption by foreigners?
What is a substitute family? What is the order of priority in the selection of substitute families for children in Vietnam?
Pursuant to the provisions of Clause 9, Article 3 of the 2010 Law on Adoption in Vietnam, substitute family means the family that adopts a child.
According to that, based on Article 5 of the 2010 Law on Adoption in Vietnam, the order of priority in the selection of substitute families for a child is determined as follows:
- Step father, step mother, natural aunt or uncle of the adopted person;
- Vietnamese citizens permanently residing in the country;
- Foreigners permanently residing in Vietnam;
- Vietnamese citizens settling abroad;
- Foreigners permanently residing abroad.
In case more than one person of the same priority rank seek to adopt a person, adoption shall be considered and settled for the person with the best nurturing, care and education conditions.
What is a substitute family? What is the order of priority in the selection of substitute families for children in Vietnam? (Image from the Internet)
What are the regulations on finding a substitute family for children in Vietnam?
Pursuant to Article 15 of the 2010 Law on Adoption in Vietnam, in case a child cannot be nurtured in the origin family environment, a concerned agency, organization or individual shall find a substitute family for the child.
According to that, the finding of a substitute family for a child is stipulated as follows:
- For an abandoned child, the People's Committee of the commune in which the child is found shall find a person or an organization to temporarily nurture the child:
If a person seeks to adopt the child, the People's Committee of the commune in which the child is found shall consider and settle the adoption under law; if nobody seeks to adopt the child, the commune-level People's Committee shall compile a dossier for sending him/her to a nurturing center;
- For an orphan who has no caretaker or a child who has natural parents and relatives who, however, are incapable of nurturing the child, the guardian, natural parents or relatives shall report this to the commune-level People's Committee of the place in which the child permanently resides for finding a substitute family for the child.
The concerned commune-level People's Committee shall support the child's nurturing and post up at its head office for 60 days an announcement to find a person to adopt the child;
+ If a person in the country seeks to adopt the child, the commune-level People's Committee shall consider and settle the adoption.
+ Past the time limit of posting up the announcement, if nobody in the country seeks to adopt the child, the commune-level People's Committee shall compile a dossier for sending him/her to a nurturing center;
- In case a nurturing center has children in need of a substitute family, it shall make a list thereof and send it to the provincial-level Justice Department, which shall announce it for 3 consecutive times in the province's print newspaper or other mass media.
+ Within 60 days from the date of announcement, if a person in the country seeks to adopt the child, he/she shall contact the commune-level People's Committee of the place in which the child permanently resides for consideration and settlement;
+ Once the adoption has been completed, the commune-level People's Committee shall report it to the provincial-level Justice Department for deletion of the name of the child in the list of children in need of substitute families.
+ Past 60 days from the date of announcement, if nobody in the country seeks to adopt the child, the provincial-level Justice Department shall send the list of children in need of substitute families to the Ministry of Justice;
- The Ministry of Justice shall announce the finding of persons in the country seeking to adopt children on its website.
+ Within 60 days from the date of announcement, if a person in the country seeks to adopt a child, he/she shall contact the commune-level People's Committee of the place in which the child permanently resides for consideration and settlement;
+ Once the adoption has been completed, the commune-level People's Committee shall report it to the Ministry of Justice for deletion of the name of the child in the list of children in need of substitute families.
+ Past 60 days from the date of announcement, if nobody in the country seeks to adopt the child, the Ministry of Justice shall notify such to the provincial-level Justice Department.
Is a document evidencing the failure of finding a domestic substitute family required in the dossiers of persons introduced for adoption by foreigners?
Pursuant to the provisions of Clause 1, Article 32 of the 2010 Law on Adoption in Vietnam, the dossiers of persons introduced for adoption by foreigners are as follows:
Dossiers of persons introduced for adoption by foreigners
1. A dossier of a person introduced for intercountry adoption comprises:
a/ Papers and documents specified in Clause 1. Article 18 of this Law;
b/ Document on the remarkable characteristics, hobbies and habits of the child:
c/ A document evidencing the failure of finding a domestic substitute family under Clause 2 Article 15 of this Law.
Thus, according to the above provisions, the document evidencing the failure of finding a domestic substitute family for a child is one of the documents required in the dossiers of persons introduced for adoption by foreigners.
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