What is the administrative penalty for erasing and falsifying the contents of papers in the dossier of operating license of foreign adoption offices in Vietnam?
- In what form does a foreign adoption organization operate in Vietnam?
- What is the dossier of foreign adoption organizations for granting operation license in Vietnam?
- How much is the administrative penalty for erasing and falsifying the contents of papers in the dossier of operating license of foreign adoption offices in Vietnam?
- What are the rights and obligations of a foreign adoption organization operating in Vietnam?
In what form does a foreign adoption organization operate in Vietnam?
According to the provisions of Clause 2, Article 2 of Circular No. 21/2011/TT-BTP on foreign adoption organizations to be licensed to operate in Vietnam as follows:
Foreign adoption organizations to be licensed to operate in Vietnam
…
2. Foreign adoption organizations shall be licensed to operate in Vietnam in the form of foreign adoption offices.
A foreign adoption office may have its own bank account and seal as provided by law.
Thus, according to regulations, foreign adoption organizations shall be licensed to operate in Vietnam in the form of foreign adoption offices.
What is the dossier of foreign adoption organizations for granting operation license in Vietnam?
According to Clause 1, Article 31 of Decree No. 19/2011/ND-CP (some clauses are abolished by Clause 3, Article 2 of Decree No. 24/2019/ND-CP) on dossier of foreign adoption organizations for granting operation license in Vietnam as follows:
Dossier of foreign adoption organizations for granting operation license in Vietnam must comprise:
- A written request of foreign adoption organizations for granting adoption operation license in Vietnam;
- Copy of its charter, its operation regulation, or established document of foreign adoption organizations;
- Copy of permission granted by competent agency of the country in which it is established to operate in the foreign adoption domain in Vietnam.
- Report on the international adoption activities in recent 3 consecutive years including financial revenues, expenditures, certified without committing any violations by competent adoption agency in the country in which it is established, report on adoption operation in Vietnam in case already having foreign adoption activities in Vietnam.;
- Curriculumm vitae, judicial record sheet, copy of diplomas, certificates of skill and knowledge of person expected to be head of foreign adoption organizations and organizations’ written agreement deligating such person to be head of foreign adoption organizations.
What is the administrative penalty for erasing and falsifying the contents of papers in the dossier of operating license of foreign adoption offices in Vietnam? (Image from the Internet)
How much is the administrative penalty for erasing and falsifying the contents of papers in the dossier of operating license of foreign adoption offices in Vietnam?
According to Article 63 of Decree No. 82/2020/ND-CP, violations against regulations on foreign adoption offices in Vietnam are as follows:
Violation against regulations on foreign adoption offices in Vietnam
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying contents of papers and documents issued by competent agencies, organizations or persons in the dossiers of grant, renewal and modifications of operation licenses of foreign adoption offices.
2. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Failing to notify the competent authority in writing of the termination of operation;
b) Failing to comply with the reporting regime or reporting untruthfully; failing to make, manage or use books and forms as prescribed.
3. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for changing the head without permission of the competent authority.
4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) Introducing children for illegal adoption;
b) Leasing or borrowing the operation license of the foreign adoption office to another organization;
c) Using the operation license of another foreign adoption agency.
5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for operating when the conditions are not satisfied as prescribed by the law on adoption involving foreign elements.
6. Suspend operation from 9 months to 12 months for foreign adoption offices that violate the principles of non-profit operation in the field of adoption with foreign elements.
7. Additional penalties:
a) Suspend the operation of the foreign adoption office in Vietnam from 01 to 03 months for the violations specified in Clauses 3 and 4 of this Article;
b) Confiscate material evidences which are papers and documents that have been erased or modified to falsify contents, for violations specified in Clause 1 of this Article.
8. Remedial measures:
a) Proposing competent organizations, organizations or persons to consider and handle the issued papers and documents due to violations specified in Clause 1 of this Article; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified in Clauses 4, 5 and 6 of this Article.
Thus, the act of erasing and falsifying the contents of papers in the dossier of an operation license of a foreign adoption agency in Vietnam will be subject to an administrative penalty of up to VND 3,000,000. In addition, organizations that commit violations will also have their material evidences confiscated, which are papers and documents that have been erased or corrected to falsify their contents. At the same time, recommend competent organizations, organizations and people to consider and handle the issued papers and documents due to violations; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
What are the rights and obligations of a foreign adoption organization operating in Vietnam?
Pursuant to Clause 2, Article 43 of the 2010 Law on Adoption of Vietnam stipulating as follows:
A foreign adoption organization operating in Vietnam has the following rights and obligations:
- To give counseling to adopting persons on socio-economic conditions, family circumstances, social environment, needs and hobbies of Vietnamese children;
- To carry out on behalf of the adopting persons procedures for settling adoptions in Vietnam;
- To assist in finding substitute families for children who are disabled or infected with HIV/ AIDS or other dangerous diseases;
- To be provided with information and legal knowledge and participate in adoption training courses organized by competent Vietnamese organizations;
- To rent offices and employ Vietnamese under law;
- To observe the laws and respect customs and practices of Vietnam;
- To annually report on the growth of adopted Vietnamese children to the Ministry of Justice:
- To assist adoptive parents in preserving Vietnamese cultural traits in their adopted children;
- To pay fees for (he grant, extension and modification of their licenses to operate in Vietnam;
- To report on their operation and submit to the examination and inspection by competent Vietnamese organizations under law.
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