Can grandparents adopt their grandchildren in Vietnam?
Can grandparents adopt their grandchildren in Vietnam? How old are adopting person to adopt children in Vietnam? What do dossiers of adopting children comprise in Vietnam? What is time limit for settling adoption in Vietnam?
Hi, I have a problem that needs to be answered. I'm L's grandfather, his father just passed away on September 13. Before, she only lived with her father, can I adopt her now?
Please advice. Thankyou.
1. Can grandparents adopt their grandchildren in Vietnam?
In Article 13 of the Law on Adoption 2010, prohibited acts are as follows:
1. Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children.
2. Forging papers for adoption settlement.
3. Discriminating between natural and adopted children.
4. Taking advantage of adoption to violate the population law.
5. Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives.
6. Grandparents adopting their grandchildren or siblings adopting one another.
7. Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions.
Thus, according to the above provisions, grandparent adoption is a prohibited act in Vietnam. If you are her grandfather, you cannot adopt L. You can only be the one to raise and take care of L as grandpa and grandchild.
2. How old are adopting person to adopt children in Vietnam?
According to Article 14 of the Law on Adoption 2010, conditions on adopting persons are as follows:
1. An adopting person must fully meet the following conditions:
a/ Having full civil act capacity;
b/ Being 20 years or more older than the adopted person;
c/ Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d/ Having good ethical qualities.
2. The following persons may not adopt a child:
a/ Having some of the parental rights over a minor child restricted:
b/ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
c/ Currently serving an imprisonment penalty:
d/ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
3. In case the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin. Points b and c of this Article will not apply.
Therefore, according to the above regulations, one of the conditions to adopt children in Vietnam is that adopting persons must be 20 years older than the adopted child.
3. What do dossiers of adopting children comprise in Vietnam?
Pursuant to Article 17 of the Law on Adoption 2010 stipulates that dossiers of adopting children are as follows:
1. A written request for adoption;
2. A copy of the passport or identity card or a valid substitute paper;
3. The judicial record sheet;
4. Written certification of the marital status;
5. A health certificate granted by a district-or higher-level health agency; a written certification of family circumstances and housing and economic conditions granted by the commune-level People's Committee of the place in which the adopting person permanently resides, except for the case specified in Clause 3, Article 14 of this Law.
According to this Article, those who want to apply for adoption should pay attention to the above documents in Vietnam.
4. What is time limit for settling adoption in Vietnam?
In Article 19 of the Law on Adoption 2010 stipulates submission of dossiers, time limit for settling adoption is as follows:
1. The adopting person shall submit his/her dossier and the dossier of the person introduced for adoption to the commune-level People's Committee of the place in which the person introduced for adoption or the adopting person permanently resides.
2. The time limit for settling an adoption is 30 days counting from the time the commune-level People's Committee receives a complete and valid dossier.
Thus, within 30 days from the date of receipt of a complete dossier, the commune-level People's Committee will handle the adoption in Vietnam.
Best Regards!









