How much is the administrative penalty imposed upon an adopting person who takes advantage of the adoption for personal gain in Vietnam?
What acts are prohibited in adoption?
According to Article 13 of the 2010 Law on Adoption in Vietnam, prohibited acts in adoption include the following acts:
- Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children.
- Forging papers for adoption settlement.
- Discriminating between natural and adopted children.
- Taking advantage of adoption to violate the population law.
- Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives.
- Grandparents adopting their grandchildren or siblings adopting one another.
- Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions.
How much is the administrative penalty imposed upon an adopting person who takes advantage of the adoption for personal gain in Vietnam? (Image from the Internet)
How much is the administrative penalty imposed upon an adopting person who takes advantage of the adoption for personal gain in Vietnam?
According to Article 62 of Decree No. 82/2020/ND-CP, violations against regulations on adoption are regulated as follows:
Violations against regulations on adoption
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Making false statements to register the adoption;
b) Discrimination between natural and adopted children;
c) Failure to fulfill the obligation to report on the development of domestic adopted children;
d) Erasing, correcting, falsifying contents of papers and documents issued by competent agencies, organizations or persons to carry out the adoption registration procedures.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Taking advantage of adoption to violate the law on population;
b) Taking advantage of the adoption of wounded soldiers, people with meritorious services to the revolution, or ethnic minorities to enjoy the state's preferential regimes and policies.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Bribe, coerce, threaten or perform other illegal acts to get the consent of the person who has the right to consent for the child to be adopted;
b) Taking advantage of the giving, receiving or introducing children for adoption for personal gain, except for the case specified at Point c of this Clause;
c) Taking advantage of the adoption to exploit the labor of the adopted child.
4. Additional sanctioning forms:
Confiscate material evidences which are documents or papers that have been erased or modified to falsify contents, for the violations specified at Point d, Clause 1 of this Article.
5. Remedial measures:
a) To recommend competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified at Points a and d Clause 1 and Point b Clause 2 of Article 2 of this Article. This; papers and documents that have been erased or corrected to falsify the contents specified at Point d, Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified at Point b, Clause 2, and Points b and c, Clause 3 of this Article;
c) Forcible payment of all expenses for medical examination and treatment and other expenses (if any) due to the commission of violations specified at Point c, Clause 3 of this Article.
Thus, adopting persons who take advantage of the adoption for personal gain may be subject to an administrative fine of up to VND 10,000,000. In addition, the person who commits the violation is forced to return the illegal profits obtained from the violation
What are the conditions on adopting persons in Vietnam?
According to Article 14 of the 2010 Law on Adoption in Vietnam, the conditions for adopting persons are as follows:
Conditions on adopting persons in Vietnam
1. An adopting person must fully meet the following conditions:
a/ Having full civil act capacity;
b/ Being 20 years or more older than the adopted person;
c/ Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d/ Having good ethical qualities.
2. The following persons may not adopt a child:
a/ Having some of the parental rights over a minor child restricted:
b/ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
c/ Currently serving an imprisonment penalty:
d/ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
3. In case the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin. Points b and c of this Article will not apply.
Thus, according to regulations, the adopting person must fully meet the following conditions:
- Having full civil act capacity;
- Being 20 years or more older than the adopted person;
- Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
- Having good ethical qualities.
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