Vietnam: Who are persons allowed to be adopted? Where can I register adoptions according to current regulations?
What is the definition of an adopted person? Who are persons allowed to be adopted?
Pursuant to the provisions of Clause 3, Article 3 of the 2010 Law on Adoption in Vietnam, an adopted person means the person who is adopted after the adoption is registered by a competent state agency.
According to that, adoption must ensure the legitimate rights and interests of adopted and adopting persons, free consent, equality, non-discrimination between male and female and non-violation of law and social ethics.
Regarding the person allowed to be adopted, based on Article 8 of the 2010 Law on Adoption in Vietnam as follows:
Persons allowed to be adopted
1. Children under 16 years.
2. Persons aged between full 16 years and under 18 years falling into either of the following cases:
a/ To be adopted by the step father or step mother;
b/ To be adopted by a natural aunt or uncle.
3. A person may be adopted by only one single person or two persons being husband and wife.
4. The State encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances.
Thus, according to regulations, persons allowed to be adopted include:
- Children under 16 years.
- Persons aged between full 16 years and under 18 years falling into either of the following cases:
+ To be adopted by the step father or step mother;
+ To be adopted by a natural aunt or uncle.
Vietnam: Who are persons allowed to be adopted? Where can I register adoptions according to current regulations?
Where can I register adoptions according to current regulations?
Pursuant to the provisions of 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, depending on each different case, the adopting persons can register adoptions at the following agencies: People's Committees of communes, People's Committees of provinces and overseas representative missions of the Socialist Republic of Vietnam.
Specifically, this content is guided in Article 2 of Decree No. 19/2011/ND-CP as amended by Clause 1, Article 1 of Decree No. 24/2019/ND-CP as follows:
Competence for adoption registration
Competence for adoption registration implemented in accordance with provision in Article 9 of Law on Adoption and the following specific provisions:
1. For domestic adoption, in case stepfathers or stepmothers allow their wife or husband’s step-children to be their adoptees, or natural aunts, uncles allow their nephews, nieces to be their adoptees, the Commune-level People’s Committees of localities in which adopting persons or adoptees are permanently residing shall be charged with granting the registration for adoption. In case abandoned children who have not yet been sent to the orphanages or childcare centers are adopted, the Commune-level People’s Committees of localities where the report on confirmation of abandoned children’s status are made for registration of adoption; in case children living in orphanages or childcare centers are adopted, the Commune-level People’s Committees of localities where these centers are based shall be charged with granting the registration for adoption.
2. Regarding inter-country adoption, the People’s Committees of centrally-affiliated Provinces, Cities (hereinafter called the Provincial-level People’s Committees), in which the adopted persons are permanently residing shall decide to let such person to be adoptee; in case children living in the nurturing centers allowed to be adoptees, the Provincial-level People’s Committees of place where the nurturing centers locate shall decide to let such children to be adoptee.
Departments of Justice implements for inter-country adoption registeration after having the decision of Provincial-level People’s Committees.
3. Regarding adoption where the adopters and adoptees are Vietnamese citizens who temporarily residing oversea, the Representative agencies of place where the adopters or adoptees temporarily residing are competent to register adoption; in case both temporarily reside in the country where has no representative agency, the adopting persons may apply for adoption registration at a certain representative agency that is most convenient for them.
Thus, the adoption registration at the agencies is done according to the content of the guidance mentioned above.
How are the principles of settlement of adoptions regulated?
Pursuant to Article 4 of the 2010 Law on Adoption in Vietnam, adoption is settled according to the following principles:
- When settling adoptions, the right of children to live in the family of origin must be respected.
- Adoption must ensure the legitimate rights and interests of adopted and adopting persons, free consent, equality, non-discrimination between male and female and non-violation of law and social ethics.
- Adoption by a person living abroad is allowed only when no domestic substitute family can be found.
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