Can I adopt my sister-in-law's grandchildren in Vietnam? If I've been in prison, can I adopt a child in Vietnam? Can I adopt a child while serving a suspended sentence in Vietnam?

Can I adopt my sister-in-law's grandchildren in Vietnam?

Dear lawyer, I am a single person this year 47 years old, I want to adopt my sister-in-law's grandchild, she is 17 years old this year. So is it possible? Please advise, thanks a lot!

Reply:

Article 14 of the Law on Adoption 2010 provides:

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.

Conditions for the person being adopted (Article 8 Law on Adoption 2010):

1. Children under 16 years.

2. Persons aged between full 16 years and under 18 years falling into either of the following cases:

a/ To be adopted by the step father or step mother;

b/ To be adopted by a natural aunt or uncle.

3. A person may be adopted by only one single
person or two persons being husband and wife.

4. The State encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances.

Thus, according to the above regulations in Vietnam, adopted children must be under 16 years old, in this case you cannot adopt your sister-in-law's grandchildren because the grandchildren are now 17 years old. For 17-year-olds, only stepfather, stepmother, aunt, uncle can be adopted.

Can I adopt a child while serving a suspended sentence in Vietnam? 

I was convicted by the court of fraudulently taking over a series of properties but given a suspended sentence, can I adopt a child? Is there a violation under Clause 2, Point c, Article 14 of the Law on Adoption?

Reply:

According to the provisions of the Law on Adoption 2010, adoption means the establishment of parent and child relationships between the adopting and adopted persons. Adoption aims to establish permanent parent and child relationships in the best interests of adopted persons, ensuring that adopted persons are nurtured, cared for and educated in the family environment.

According to the provisions of Article 14 of the Law on Adoption 2010, 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.

However, the law also stipulates that 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.

Thus: Pursuant to the above-cited regulations in Vietnam, a person who is serving a prison sentence may not adopt a child even if he/she fully meets the requirements for adoption as prescribed by the law above.

That is, in case a person is convicted but enjoys a suspended sentence, he or she can still be handled for adoption according to regulations in Vietnam.

Therefore: In the case that you are convicted by the court of fraud in possession of a series of properties, but you receive a suspended sentence, you can still adopt a child if you meet the requirements for adoption as prescribed above in Vietnam.

Above is our consulting opinion on the issue you are wondering.

If I've been in prison, can I adopt a child in Vietnam?

I got married 3 years ago but didn't have children, my wife and I went to the doctor and the doctor told me that my wife couldn't have children. I am very sad but love my wife very much and accept that. My wife and I plan to adopt a child, but I don't know if I can because 10 years ago I went to prison for 3 years for intentionally causing injury to others, now I have been released from prison for 07 years and have no crime? Ask a lawyer for help.

Reply:

Conditions for adoption

According to the provisions of the Law on Adoption 2010, 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.

However, the law also stipulates that following persons may not adopt a child (even though you are eligible):

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.

Thus: Based on the above-cited regulations in Vietnam, the person who commits a crime and is convicted of the crime of intentionally infringing on the health of others (Crime of intentionally causing injury or causing harm to the health of others) if the criminal record has not been cleared, the child cannot be adopted.

Therefore: According to the information you provided in Vietnam, you have been convicted and sentenced to 3 years in prison for the crime of intentionally causing injury to others, so you will not be able to adopt a child if your criminal record has not been cleared according to regulations. 

Conviction expungement

According to the provisions of Article 70 of the 2015 Penal Code, offenders who intentionally cause injury or cause harm to the health of other persons are automatically entitled to criminal record remission according to court decisions.

2. Automatic conviction expungement shall be granted to a convict if he has served the primary sentence or the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime during the periods specified below:

a) 01 year in case of a warning, fine, community sentence or suspended imprisonment sentence;

b) 02 years in case of imprisonment of up to 05 years;

c) 03 years in case of imprisonment from over 05 years to 15 years;

d) 05 years in case of imprisonment of over 15 years or commuted life imprisonment.

A convict serving an additional punishment that is mandatory supervision, prohibition from residence, prohibition from holding certain positions, prohibition from doing certain jobs, deprivation of certain citizenship rights for a period longer than those specified in Point a, b and c of this Clause, automatic conviction expungement shall be granted when he/she finishes serving the additional punishment.

Thus: For your case 10 years ago, you were convicted of intentionally causing injury to others with a prison term of 3 years. Therefore, your case is automatically expunged of criminal record in Vietnam.

Currently, you have completed the execution and have now been released from prison for 7 years and have no further violations in Vietnam. Therefore, you are determined to have been expunged of criminal record.

Conclusion:

At the present time, you and your spouse can carry out adoption procedures in accordance with the law in Vietnam.

Above is our consulting opinion on the issue you are wondering.

Best regards!