What are regulations on inspection of operation of foreign adoption offices in Vietnam?

What are regulations on inspection of operation of foreign adoption offices in Vietnam?

Pursuant to Article 14 of the Circular 21/2011/TT-BTP stipulating inspection of operation of foreign adoption offices in Vietnam as follows:

1. The Inspectorate of the Ministry of Justice may inspect all foreign adoption offices in Vietnam.

2. The order and procedures for inspecting the operation of foreign adoption offices comply with the law on inspection.

What are regulations on commendation and handling of violations of foreign adoption offices in Vietnam?

Pursuant to Article 15 of the Circular 21/2011/TT-BTP stipulating commendation and handling of violations of foreign adoption offices in Vietnam as follows:

1. Foreign adoption offices that strictly comply with this Circular and other relevant regulations and record outstanding achievements in assisting children in special circumstances in seeking substitute families or helping children with disabilities and children infected with dangerous diseases in Vietnam shall be commended and rewarded.

The director of the Department of Adoption shall commend or reward foreign adoption offices or propose the Minister of Justice to do so.

2. Foreign adoption offices, their heads and staff members that violate this Circular and other relevant regulations on adoption shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability under law.

What are contents of examination of operation of foreign adoption offices in Vietnam?

Pursuant to Clause 1 Article 12 of the Circular 21/2011/TT-BTP (supplemented by Clause 5 Article 1 of the Circular 11/2021/TT-BTP) stipulating contents of examination of operation of foreign adoption offices in Vietnam as follows:

1. The examination of operation of a foreign adoption office covers:

a/ The observance of the principle of non-profit operation of the office; financial revenues and expenditures and the book-keeping regime to monitor financial revenues and expenditures of the office in Vietnam;

b/ The observance of the Ministry of Justice-granted license for intercountry adoption operation in Vietnam;

c/ Results of settlement of child adoption with its assistance;

d/ The observance of professional regulations, guidance and direction related to its operation;

e/ The performance of the reporting obligation specified in Articles 9 and 10 of this Circular;

f/ The performance of other obligations by the office under the Adoption Law, Decree No. 19/2011/ND-CP and other relevant laws.

g/ The performance of the making, managing, and using notebooks and forms.

What are contents of examination of personnel of foreign adoption offices in Vietnam?

Pursuant to Clause 2 Article 12 of the Circular 21/2011/TT-BTP stipulating contents of examination of personnel of foreign adoption offices in Vietnam as follows:

2. The examination of personnel of a foreign adoption office covers:

a/ The satisfaction of the criteria for heads of foreign adoption offices specified in Article 32 of Decree No. 19/2011/ND-CP;

b/ The signing and performance of employment contracts and the satisfaction of the criteria for personnel of foreign adoption offices specified in Clause 2, Article 8 of this Circular;

c/ Other matters related to the organization and personnel of the office.

What procedures shall a foreign adoption office carry out for settling adoption in Vietnam on behalf of adopting persons?

Pursuant to Clause 1 Article 6 of the Circular 21/2011/TT-BTP (supplemented by Clause 1 Article 1 of the Circular 11/2021/TT-BTP) stipulating procedures in which a foreign adoption office carry out for settling adoption in Vietnam on behalf of adopting persons as follows:

1. Under Point b, Clause 2, Article 43 of the Adoption Law, a foreign adoption office may carry out, on behalf of an adopting person, the" following activities for carrying out adoption procedures in Vietnam:

a/ Completing the adopting person's dossier under the Vietnamese law;

b/ Filing the adopting person's dossier with the Department of Adoption and pay the fee for registration of intercountry adoption under regulations;

c/ Adding documents and papers to the adopting person's dossier at the request of the Department of Adoption;

d/ Sending photos, reports on the child, full information, and detailed health documents of the child settled for foreign adoption to the adopting person or the competent foreign agency after obtaining written permissions of the Department of Adoption;

e/ Providing Support for additional or intensive physical examination, medical examination, treatment, and care for the child settled for foreign adoption according to the request of the adopting person; providing support of psychological preparation, language for the child settled for foreign adoption;

f/ Sending to the Department of Adoption the written consent of the adopting person to the introduced child and the written permission of the concerned competent foreign authority for continued completion of adoption procedures;

g/ Paying expenses for the intercountry adoption settlement under regulations;

h/ Assisting the adopting person in entry, exit, travel, residence procedures and interpretation when he/she enters, leaves or stays in Vietnam for completion of adoption procedures;

i/ Coordinating with the children-nurturing establishment in organizing meetings for the adopting person to meet and get acquainted with the child introduced for adoption;

j/ Assisting the adopting person in the ceremony for handover and receipt of the adopted child;

k/ Assisting the adopting person in procedures for obtaining a passport and visa for the adopted child's exit from Vietnam and entry into and settlement in the concerned foreign country.

m/ Requesting for the certificate of adoption in accordance with regulations prescribed in Article 38 of the Law on Adoption.

Best regards!