22/03/2023 11:13

What are the current regulations on actions against violations of law on adoption in Vietnam?

What are the current regulations on actions against violations of law on adoption in Vietnam?

What are the current regulations on actions against violations of law on adoption in Vietnam? What are the prohibited acts regarding this matter? Vu Le - Ha Tinh.

1. What is adoption?

Pursuant to the provisions of Clause 1, Article 3 of Vietnam's Law on Adoption 2010, on the interpretation of the term adoption:

"Adoption means the establishment of parent and child relationships between the adopting and adopted persons.”

2. Actions against violations of law on adoption in Vietnam

Pursuant to the provisions of Article 62 of Decree 82/2020/ND-CP on sanctioning of administrative violations in the fields of judicial assistance; judicial administration; Marriage and family; civil enforcement; and bankruptcy of enterprises or cooperatives for violations of regulations on adoption, specifically:

- A fine ranging from VND 1,000,000 to VND 3,000,000.

Falling into one of the following acts:

+ Making false statements to register for adoption.

Discrimination between natural and adopted children.

+ Failure to fulfill the obligation to report on the development of domestically adopted children.

+ Erasing, correcting, or falsifying the contents of papers and documents issued by competent agencies, organizations, or persons to carry out adoption registration procedures.

- A fine ranging from VND 3,000,000 to VND 5,000,000.

Falling into one of the following acts:

+ Taking advantage of adoption to violate the law on population.

+ Taking advantage of the adoption of wounded soldiers, people with meritorious services to the revolution, and ethnic minorities to enjoy the state's preferential regimes and policies.

- A fine ranging from VND 5,000,000 to VND 10,000,000.

Falling into one of the following acts:

+ Bribing, forcing, threatening, or performing other illegal acts to get the consent of the person who has the right to consent for the child to be adopted.

+ Taking advantage of the giving, receiving, or introducing of children for adoption for personal gain, except for cases of taking advantage of the adoption to exploit the adopted child's labor power.

+ Taking advantage of the adoption to exploit the labor of the adopted child.

- Additional sanction:

Confiscation of material evidences being erased or altered documents and papers that falsify their contents, for acts of erasing or modifying to falsify the contents of papers; a document issued by a competent agency, organization or person to carry out the procedures for registration of child adoption.

In addition, when violating the regulations on adoption, the following consequences must also be overcome:

- Proposing competent agencies, organizations, or persons to consider and handle the issued papers and documents due to the following acts:

+ Making false statements to register for adoption.

+ Erasing, correcting, or falsifying the contents of papers and documents issued by competent agencies, organizations, or persons to carry out adoption registration procedures.

+ Taking advantage of the adoption of wounded soldiers, people with meritorious services to the revolution, and ethnic minorities to enjoy the state's preferential regimes and policies.

- Forcible return of illegal profits obtained from committing acts:

+ Taking advantage of the adoption of wounded soldiers, people with meritorious services to the revolution, and ethnic minorities to enjoy the state's preferential regimes and policies.

+ Taking advantage of the giving, receiving, or introducing of children for adoption for personal gain, except for cases of taking advantage of the adoption to exploit the adopted child's labor power.

+ Taking advantage of the adoption to exploit the labor of the adopted child.

- Forced to bear all expenses for medical examination and treatment and other expenses (if any) due to taking advantage of the adoption to exploit the adopted child's labor.

Thus, for acts such as discriminating between natural and adopted children, taking advantage of adoption to exploit the adopted child's labor, the adoptee shall be administratively sanctioned in accordance with law, subject to additional penalties and remedial consequences.

Children are so pure and vulnerable, so they should not be abused. Any child, whether biological or adopted, has their loveable things and deserves to be understood and well-raised.

Nguyen Ngoc Tram
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