What are the regulations on child adoption and entry procedures of a foreign adoptive parents in the Covid-19 pandemic in Vietnam?
Implementation principles for foreign adoptive parent in the Covid-19 pandemic in Vietnam
According to Section II of the Guidelines issued together with Official Dispatch 1043/BTP-CCN dated April 5, 2022 on implementation principles for foreign adoptive parents in the Covid-19 pandemic as follows:
II. Implementation principles
- The intercountry adoption must comply with legal regulations on child adoption and ensure Covid-19 prevention and control.
- The child adoption shall be performed in provinces/cities where children who are adopted by foreign adoptive parents are staying.
- Foreign adoptive parents are enabled to enter Vietnam for adoption when they meet entry requirements as prescribed by the law of Vietnam.
- The child adoption and procedures after adoption are enabled to implement at the earliest.
What are the requirements for foreign adoptive parents in the Covid-19 pandemic in Vietnam?
According to Section III of the Guidelines issued together with Official Dispatch 1043/BTP-CCN dated April 5, 2022, child adoption and entry conditions of a foreign adoptive parent in the Covid-19 pandemic as follows:
III. Requirements for foreign adoptive parents when they enter Vietnam
1. They have granted Decisions on intercountry adoption of the People’s Committees of provinces and central-affiliated cities.
2. They have received Response Official Dispatches on agreement to let foreigners enter Vietnam of the Vietnam Immigration Department of the Ministry of Public Security, except for foreigners who have owned documents still valid for entering Vietnam (permanent residence card, temporary residence card, visa, visa exemption).
3. Foreign adoptive parents entering Vietnam must comply with requirements for Covid-19 prevention and control for entrants according to regulations of the current law of Vietnam and guidelines of the Ministry of Health of Vietnam at the time of entry.
Child adoption and entry procedures of a foreign adoptive parents in the Covid-19 pandemic in Vietnam
According to Section III of the Guidelines issued together with Official Dispatch 1043/BTP-CCN dated April 5, 2022 on child adoption and entry procedures of a foreign adoptive parent in the Covid-19 pandemic as follows:
Steps | Contents | Authorities/Organizations/ Participants | Authorities/organizations/cooperators/relative people | Duration | Result | Notes |
Step 1 | Notify the adoptive parent of entering Vietnam for child adoption | Department of Justice where procedures for intercountry adoption are handled | Vietnam intercountry adoption office/ Foreign adoptive parents in case of stepchild and grandchild adoption | After a Decision on intercountry adoption is issued by the Provincial People's Committee | Written notification of the Department of Justice | According to Clause 2 Article 37 of the Law on Child Adoption |
Step 2 | On the basis of the written notification of the Department of Justice, the foreign adoptive parent shall send written request for completing procedures for intercountry adoption to Department of Justice where procedures for intercountry adoption are handled | The foreign adoptive parent | Vietnam intercountry adoption office/ adoptive parent’ relatives in Vietnam in case of stepchild and grandchild adoption. | After receiving the written notification of the Department of Justice on entering Vietnam for child adoption | Written request for completing procedures for intercountry adoption and attached documents | The form of the written request for completing procedures for intercountry adoption attached to this document in Appendix 1 |
Step 3 | Approve the list of adoptive parents allowed to enter Vietnam for child adoption | The Provincial People’s Committee | Department of Justice where procedures for intercountry adoption are handled |
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3.1 | Department of Justice shall request the Provincial People’s Committee to approve the list of adoptive parents allowed to enter Vietnam for child adoption | Department of Justice where procedures for intercountry adoption are handled | The Provincial People’s Committee | As soon as possible (recommendation: within 05 days) from the date of receiving the written request of the adoptive parent for completing procedures for intercountry adoption and attached documents | Written notification of the Department of Justice |
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3.2 | The Provincial People’s Committee shall approve the list of adoptive parents allowed to enter Vietnam for child adoption and send it to the Vietnam Immigration Department of the Ministry of Public Security to request them to grant an Vietnamese visa to the adoptive parent | The Provincial People’s Committee | Department of Justice where procedures for intercountry adoption are handled | As soon as possible (recommendation: within 05 days) from the date of receiving a written proposal of the Department of Justice | A written agreement of the Provincial People’s Committee on approval of the list of foreign adoptive parents allowed to enter Vietnam | The entry visa is requested for issuing at the border checkpoint |
3.3 | The Vietnam Immigration Department of the Ministry of Public Security shall send a response official dispatch on agreement to let foreigners enter Vietnam to the Provincial People’s Committee and the Ministry of Justice | The Vietnam Immigration Department of the Ministry of Public Security | The Provincial People’s Committee and Department of Justice where procedures for intercountry adoption are handled | As soon as possible, within 05 days (according to regulations of the law), from the date of receiving an adequate and valid application | The response official dispatch on agreement to let foreigners enter Vietnam of the Vietnam Immigration Department of the Ministry of Public Security | The entry visa is granted at the border checkpoint |
3.4 | The Department of Justice shall send a notification of approval for granting the Vietnamese visa for child adoption to the adoptive parent (attached to a photocopy of the response official dispatch on agreement to let foreigners enter Vietnam of the Vietnam Immigration Department of the Ministry of Public Security) | The Department of Justice | The foreign adoptive parent/Vietnam intercountry adoption office/relatives of the adoptive parent in Vietnam (in case of stepchild and grandchild adoption) | As soon as possible (recommendation: within 03 days) from the date of receiving the response official dispatch on agreement to let foreigners enter Vietnam of the Vietnam Immigration Department of the Ministry of Public Security | The written notifications of the Department of Justice |
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Step 4 | Grant the Vietnamese visa to the foreign adoptive parent at the border checkpoint | The Vietnam Immigration Department of the Ministry of Public Security |
| Immediately after the adoptive parent arrives at an airport and complete procedures at the border checkpoint | The Vietnamese visa to the foreign adoptive parent is granted at the border checkpoint |
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Step 5 | Prepare essential conditions for organizing an adoption ceremony |
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5.1 | After receiving the notification of approval for granting the Vietnamese visa or exempting Vietnamese entry visa or possessing valid entry documents (permanent residence card, temporary residence card, visa, visa exemption still valid) the adoptive parent shall provide information about scheduled arrival or departure duration, place of residence when staying in Vietnam | The foreign adoptive parent | Vietnam intercountry adoption office/ relatives of the foreign adoptive parent in Vietnam (in case of stepchild and grandchild adoption) | As soon as possible (recommendation: within 05 days) before the day on which the adoptive parent enters Vietnam | Written document about the adoptive parent's information |
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5.2 | Prepare essential conditions for carrying out procedures for child adoption; notify time and place of the adoption ceremony | The Department of Justice where procedures for intercountry adoption are handled | The adoptive parent; Intercountry adoption office and relevant organizations/individuals | As soon as possible (recommendation: within 07 days) from the date of receiving the full necessary information on entry into Vietnam of the adoptive parent (specifying in section 5.1) | Completely prepared essential conditions |
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Step 6 | The adoptive parent enters Vietnam, self-monitors health and complies with requirements for Covid-19 prevention and control as prescribed | The foreign adoptive parent | Local competent authorities where the adoptive parent stays/Vietnam intercountry adoption office/relatives of the adoptive parent in Vietnam (in case of stepchild and grandchild adoption) | According to regulations and particular requirements of each province/city | Duration of self-monitoring and requirements for Covid-19 prevention and control as prescribed must be complied | The adoptive parent who moves in Vietnam must self-monitor health and comply with requirements for Covid-19 prevention and control as prescribed |
Step 7 | The adoption ceremony |
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7.1 | Organize the adoption ceremony and register child adoption | Department of Justice where procedures for intercountry adoption are handled | The adoptive parent; representative of an adoption center (for children from the adoption center); natural parent and guardian of the child (for stepchild and grandchild); intercountry adoption office and other relevant organizations/individuals | According to a schedule defined by the Department of Justice and as soon as possible | A minute of child adoption; register of child adoption |
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7.2 | Participate in the adoption ceremony | The foreign adoptive parent | The Department of Justice where procedures for intercountry adoption are handled; Vietnam intercountry adoption office/relatives of the adoptive parent in Vietnam (in case of stepchild and grandchild adoption) | According to the duration that the Department of Justice has defined |
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Step 8 | Grant consular certification of documents about child adoption issued by Vietnamese competent authorities, which will be used to apply for the exit visa for the adopted child. | Ministry of Foreign Affairs (Consular Department), Department of Foreign Affairs of Ho Chi Minh City | Departments of Foreign Affairs authorized to receive and return the application as prescribed; Vietnam intercountry adoption office | As soon as possible, within 05 days (according to regulations of the law), from the date of receiving enough valid documents |
| Note: children adopted in France and Italy are exempted from legalization of documents according to the Convention |
Step 9 | Grant an Passport to the adopted child | The Vietnam Immigration Department of the Ministry of Public Security (in Hanoi or Ho Chi Minh City) or Division of Immigration of the Provincial Public Security | Vietnam intercountry adoption office/ the foreign adoptive parent | As soon as possible, within 08 days (according to regulations of the law), from the date of receiving the adequate and valid application | Visa for the child |
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Step 10: | Grant the exit visa for the adopted child | Diplomatic representative agency of the child’s adoptive country in Vietnam (Embassy/Consul General) | Child adoption organization; Vietnam intercountry adoption office/ the foreign adoptive parent | As soon as possible, according to regulations of the law of the country in which the child has entered | Visa for the child | According to regulations of the law of the country in which the adopted child has entered |
Step 11: | Grant a Certificate of intercountry adoption | The Ministry of Justice | Vietnam intercountry adoption office/the adoptive parent (if requested) | As soon as possible (recommendation: within 02 days) after the adoption ceremony | The Certificate of intercountry adoption in conformity with the Lahay Convention |
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Step 12: | Leave Vietnam | The adoptive parent and adopted child | Vietnam intercountry adoption office | After completing necessary procedures |
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Notes: Skip steps 2, 3 and 4 in case the foreign adoptive parent is eligible for exemption from the visa for entering Vietnam or has owned valid entry documents (permanent residence card, temporary residence card, visa, visa exemption still valid).
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