Is the electronic version of the certificate of domestic adoption applicable in Vietnam from November 30, 2023?
Is the electronic version of the certificate of domestic adoption applicable in Vietnam from November 30, 2023?
Circular 07/2023/TT-BTP issued on September 29, 2023, amends and supplements certain articles of Circular 10/2020/TT-BTP dated December 28, 2020, issued by the Minister of Justice, guiding the recording, use, management, and storage of books, document forms, and adoption files.
At Clause 1, Article 1 of Circular 07/2023/TT-BTP which amends and supplements certain articles of Circular 10/2020/TT-BTP dated December 28, 2020, issued by the Minister of Justice, providing guidelines for the recording, use, management, and storage of books, document forms, and adoption files:
1. Amend Point c and add Points d and e to Clause 1, Article 3 as follows:
“c) 16 forms used for registering foreign-related adoptions (Appendix 3).
d) Contents of interactive electronic forms for online adoption registration (Appendix 5).
e) Electronic version of the certificate of domestic adoption (Appendix 6)”.
Circular 07/2023/TT-BTP takes effect from November 30, 2023.
Thus, the electronic version of the certificate of domestic adoption will be applicable from November 30, 2023.
Is the electronic version of the certificate of domestic adoption applicable in Vietnam from November 30, 2023?
What are the current conditions for an adopting person in Vietnam?
Article 14 of the Law on Adoption 2010 prescribes the conditions for an adopting person as follows:
Conditions for adopting persons
1. The adopting person must meet the following conditions:
a) Have full civil act capacity;
b) Be 20 years older than the adopted child or more;
c) Have health, economic, and accommodation conditions ensuring the care, nurture, and education of the adopted child;
d) Have good ethical qualities.
2. The following individuals are not eligible to adopt a child:
a) Those who are restricted from some parental rights to a minor child;
b) Those who are serving an administrative handling decision at an educational institution or medical treatment institution;
c) Those who are serving a prison sentence;
d) Those who have not had their criminal records expunged for one of the offenses of intentionally infringing upon life, health, dignity, honor of others; maltreating or torturing grandparents, parents, spouses, children, grandchildren, adopters; seducing, coercing or harboring minors to infringe upon the law; buying, selling, swapping, or appropriating children.
3. If a stepfather wants to adopt a stepson or stepdaughter of his wife, a stepmother wants to adopt a stepson or stepdaughter of her husband or a paternal or maternal uncle, aunt adopts a nephew/niece, Clause 1, Points b and c do not apply.
Therefore, according to the above regulation, the adopting person must meet the following conditions:
- Have full civil act capacity.
- Be 20 years older than the adopted child or more.
- Have health, economic, and accommodation conditions ensuring the care, nurture, and education of the adopted child.
- Have good ethical qualities.
What documents should be included in the file of a person introduced for domestic adoption in Vietnam?
Article 18 of the Law on Adoption 2010 prescribes the documents to be included in the file of a person introduced for domestic adoption:
File of a person introduced for domestic adoption
1. The file of a person introduced for domestic adoption includes:
a) Birth certificate;
b) Health certificate issued by a district-level or higher-level health agency;
c) Two full-body photos, straight face, taken within the last 06 months;
d) Confirmation record made by the People's Committee or Police of the commune where the abandoned child was found for abandoned children; death certificate of the biological father or mother or a court decision declaring the biological father or mother of the child dead for orphans; a court decision declaring the biological father or mother of the person introduced for adoption missing if the biological father or mother is missing; a court decision declaring the biological father or mother of the person introduced for adoption lacking civil act capacity if the biological father or mother lacks civil act capacity;
dd) Decision on admission for children in nurturing institutions.
2. The file of a person introduced for adoption living in a family is prepared by their biological parents or guardian; the file of a child introduced for adoption living in a nurturing institution is prepared by the nurturing institution.
Thus, the file of a person introduced for domestic adoption includes:
- Birth certificate
- Health certificate issued by a district-level or higher-level health agency
- Two full-body photos, straight face, taken within the last 06 months
- Confirmation record made by the People's Committee or Police of the commune where the abandoned child was found for abandoned children; death certificate of the biological father or mother or a court decision declaring the biological father or mother of the child dead for orphans; court decision declaring the biological father or mother of the person introduced for adoption missing if the biological father or mother is missing; court decision declaring the biological father or mother of the person introduced for adoption lacking civil act capacity if the biological father or mother lacks civil act capacity- Decision on admission for children in nurturing institutions.
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