What are regulations on foreign adoption organizations to be licensed to operate in Vietnam?

What are regulations on foreign adoption organizations to be licensed to operate in Vietnam?

Pursuant to Article 2 of the Circular 21/2011/TT-BTP stipulating foreign adoption organizations to be licensed to operate in Vietnam as follows:

1. Under Article 37 of Decree No. 19/2011/ ND-CP, based on the number and needs of Vietnamese children wishing to seek overseas substitute families and conditions and capacity of foreign adoption organizations wishing to operate in Vietnam, after discussing with central agencies in charge of international adoption of concerned foreign countries, the Department of Adoption shall annually coordinate with functional units of the Ministry of Foreign Affairs and the Ministry of Public Security in considering and fixing the number of foreign adoption organizations to be licensed to operate in Vietnam (below collectively referred to as foreign adoption organizations).

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.

3. Foreign adoption organizations shall take responsibility for all operations of their foreign adoption offices in Vietnam.

What are regulations on participation in carrying out procedures for intercountry adoption settlement in Vietnam?

Pursuant to Article 3 of the Circular 21/2011/TT-BTP stipulating participation in carrying out procedures for intercountry adoption settlement in Vietnam as follows:

Foreign adoption offices may participate in carrying out procedures for Vietnamese children to be adopted overseas under the Adoption Law and Decree No. 19/2011/ND-CP.

What documents are included in the dossiers of application for grant, extension or modification of intercountry adoption operation licenses in Vietnam?

Pursuant to Article 4 of the Circular 21/2011/TT-BTP stipulating the dossiers of application for grant, extension or modification of intercountry adoption operation licenses in Vietnam as follows:

1. A foreign adoption organization's dossier of application for grant, extension or modification of a license for intercountry adoption operation in Vietnam must comply with Articles 31, 34 and 35 of Decree No. 19/ 2011/ND-CP and the following guidance:

a/ The copy of the license of the foreign adoption organization specified at Point c, Clause 1, Article 31 of Decree No. 19/2011/ ND-CP must be certified, stating that this organization is allowed to operate in the field of intercountry adoption in Vietnam or the field of international adoption activities;

b/ For a foreign adoption organization that has operated in intercountry adoption in Vietnam, the written report on its operation in Vietnam specified at Point d, Clause 1, Article 31 and Clause 2, Article 34 of Decree No. 19/ 2011/ND-CP must bear the signature and seal of its head.

2. A foreign adoption organization's dossier of application for grant, extension or modification of a license for intercountry adoption operation in Vietnam must be made in two sets and translated into Vietnamese. Vietnamese translations must be certified under Vietnamese law before being submitted to the Department of Adoption.

What are orders of grant, extension or modification of intercountry adoption operation licenses in Vietnam?

Pursuant to Article 5 of the Circular 21/2011/TT-BTP stipulating orders of grant, extension or modification of intercountry adoption operation licenses in Vietnam as follows:

1. The order of grant, extension or modification of a license for intercountry adoption operation in Vietnam of a foreign adoption organization complies with Articles 33, 34 and 35 of Decree No. 19/2011/ND-CP and the following guidance:

a/ After receiving a written reply of the Ministry of Public Security or upon the expiration of the time limit specified in Clause 2, Article 33, Clause 4, Article 34 and Clause 2, Article 35 of Decree No. 19/2011/ND-CP, the Department of Adoption shall complete and submit the dossier to the Minister of Justice for consideration and decision;

b/ In case the foreign adoption organization is licensed by a competent foreign authority to operate in Vietnam for a duration shorter than the maximum duration specified in Clause 4, Article 33 of Decree No. 19/2011/ND-CP, a license for intercountry adoption operation in Vietnam shall be granted or extended for a duration equal to the validity duration of the license granted by the concerned foreign competent authority to the foreign adoption organization.

2. Foreign adoption organizations that have actively assisted with seeking for substitute families for children with disabilities or children infected with HIV or other dangerous diseases and fully satisfy the law-prescribed conditions will be prioritized for being licensed for intercountry adoption operation in Vietnam.

What are regulations on rent of offices and employment of Vietnamese applied to foreign adoption offices in Vietnam?

Pursuant to Article 8 of the Circular 21/2011/TT-BTP stipulating regulations on rent of offices and employment of Vietnamese applied to foreign adoption offices in Vietnam as follows:

Foreign adoption organizations may rent offices and employ Vietnamese to work at foreign adoption offices in Vietnam according to Point e, Clause 2, Article 43 of the Adoption Law and the following guidance:

1. A foreign adoption organization shall send to the Department of Adoption a written notice of the address, telephone number, facsimile number and mail address of its foreign adoption office in Vietnam and an office rent contract (if any).

2. If employing Vietnamese to work at its foreign adoption office in Vietnam, a foreign adoption organization shall sign employment contracts under the Vietnamese law and notify in writing the Department of Adoption of a list of staff members working at the office, contact addresses and one copy of each employment contract. Staff members working at foreign adoption offices must be professionally qualified and experienced and have good ethics.

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