What are the dossiers and procedures for application and registration of adoption between Vietnamese citizens temporarily residing abroad?
- Which agency is competent to register adoptions of Vietnamese citizens temporarily residing abroad?
- What are the dossiers for registration of adoption between Vietnamese citizens temporarily residing abroad?
- What are the procedures for application and registration of adoption between Vietnamese citizens temporarily residing abroad?
Which agency is competent to register adoptions of Vietnamese citizens temporarily residing abroad?
Pursuant to Article 9 of the 2010 Law on Adoption in Vietnam as follows:
Competence to register adoptions
1. People's Committees of communes, wards or townships (below collectively referred to as commune-level People's Committees) in which the persons introduced for adoption or adopting persons permanently reside are competent to register domestic adoptions.
2. People's Committees of provinces or centrally run cities (below collectively referred to as provincial-level People's Committees) in which the persons introduced for adoption permanently reside are competent to decide on intercountry adoptions: provincial-level Justice Departments are competent to register intercountry adoptions.
3. Overseas representative missions of the Socialist Republic of Vietnam are competent to register adoptions by Vietnamese citizens temporarily residing abroad.
Thus, according to Clause 3, Article 9 of the 2010 Law on Adoption in Vietnam cited above, the agency competent to register adoptions of Vietnamese citizens temporarily residing abroad is overseas representative missions of the Socialist Republic of Vietnam.
What are the dossiers and procedures for application and registration of adoption between Vietnamese citizens temporarily residing abroad? (Image from the Internet)
What are the dossiers for registration of adoption between Vietnamese citizens temporarily residing abroad?
Pursuant to the provisions of Article 26 of Decree No. 19/2011/ND-CP as follows:
Dossiers for registration of adoption
1. Dossier of adopting persons made 01 set, comprising the papers referred to Article 17 of Law on Adoption. In case adopting persons reside overseas from 06 months and above, judicial record sheet, health certificate, written certification of marital status, accommodation status, economic condition of such persons may granted by competent agencies of the country in which such persons residing.
2. Dossier of adopted persons made 01 set, comprising the papers referred to points a, b, c and case to case required to have correlative papers referred to point d clause 1 Article 18 of Law on Adoption. In case adopted persons residing overseas from 06 months and above, health certificate and correlative papers referred to point d clause 1 Article 18 of Law on Adoption may be granted by the competent agencies of the country in which such persons residing.
Thus, the dossiers for registration of adoption between Vietnamese citizens temporarily residing abroad includes:
(1) Dossier of adopting persons
- A written request for adoption;
- A copy of the passport or identity card or a valid substitute paper;
- The judicial record sheet;
- Written certification of the marital status;
- A health certificate granted by a district-or higher-level health agency; a written certification of family circumstances and housing and economic conditions granted by the commune-level People's Committee of the place in which the adopting person permanently resides, except for the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin.
- In case adopting persons reside overseas from 06 months and above, judicial record sheet, health certificate, written certification of marital status, accommodation status, economic condition of such persons may granted by competent agencies of the country in which such persons residing.
(2) Dossier of adopted persons
- The birth certificate;
- A health certificate granted by a district-or higher-level health agency;
- Two photos of the whole body looking straight, taken within the past 6 months;
- The following documents:
+ A record of certification made by the commune-level People's Committee or police of the place in which the child is abandoned, for abandoned children;
+ The death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans;
+ A court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing;
+ A court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;
- In case adopted persons residing overseas from 06 months and above:
+ Health certificate and correlative papers may be granted by the competent agencies of the country in which such persons residing, including:
++ A record of certification made by the commune-level People's Committee or police of the place in which the child is abandoned, for abandoned children;
++ The death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans;
++ A court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing;
++ A court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity.
What are the procedures for application and registration of adoption between Vietnamese citizens temporarily residing abroad?
Pursuant to Article 27 of Decree No. 19/2011/ND-CP, the procedures for application and registration of adoption between Vietnamese citizens temporarily residing abroad at representative agencies are as follows:
- Step 1. Adopting persons directly apply their dossier and of adopted persons at representative agencies.
- Step 2. Within 10 days from the date of receiving a complete and valid dossier, representative agencies examine and collect concerned persons’ ideas on adoption.
- Step 3.
+ If the parties have enough conditions under provision in Article 14 of Law on Adoption, within 20 days, from the date of asking for concerned persons’ ideas, representative agencies register adoption.
When registering adoption, adoptive parents, natural parents, guardian and adopted persons must be in presece. The representative agencies record in adoption registration book and hand adoption certificate to the parties, together with sending written information to Department of Child Adoption and Consular Department enclosing with a copy of adoption certificate.
+ In case dossier of adoption does not clear, need domestic agencies examine, verify, representative agencies issue official letter enclosing a copy of dossier sending to Department of Child Adoption, c/c to Consular Department to request for verification.
Within 30 days from the date of request receipt, Department of Child Department proposes domestic concerned agencies to consider and decide, verify and reply to representative agencies.
If refusing to register, representative agencies issue written reply to adopting persons.
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