The child adoption in the Vietnamese border areas

Currently, does the Vietnamese law regulate foreign elemental adotion in the border areas? And what are the procedures?

The child adoption in the Vietnamese border areas (Image from the Internet)

The law has regulations on foreign elemental adotion in the border areas, specifically:

Pursuant to item 3, Chapter 2, Decree 19/2011/ND-CP stipulating:

ITEM 3: FOREIGN ELEMENTAL ADOTION IN THE BORDER AREAS

Article 21. Procedures for settling foreigners residing in the neighboring countries’ border areas adopt children

1. The foreigners residing in the neighboring countries’ border areas adopting Vietnamese children permanently residing in the Vietnamese border areas must have written request for adoption enclosing with the following papers granted by the neighboring countries’ competent agencies:

a) A copy of passport or a valid substitute paper;

b) A judicial record sheet;

c) A official letter certifying of adopting person having enough conditions to adopt child under such country’s laws;

d) A written certification of the marital status;

đ) A health certificate;

e) Two newest pictures, posed fully, size 9 cm x 12 cm or 10 cm x 15 cm.

2. Papers provided in clause 1 this Article must be translated in to Vietnamese, made in 2 sets. Adopting persons must submit their 02 sets together with 02 sets of adopted children to the Commune-level People’s Committees in which adopted children permanently residing; each set of children comprises papers provided in Article 18 of Law on Adoption.

While applying dossiers, adopting person must present passport or substitute value papers to examine and pay adoption registration fee at the Commune-level People’s Committees under provision in clause 1 Article 40 this Decree.

3. Within 15 days, from the date of receiving a complete and valid dossier, the Commune-level People’s Committees examine, collect concerned persons’ ideas under provision in Article 9 this Decree and sending official letter to the Department of justice enclosing 01 set of adopting person and 01 set of child to ask for opinion.

4. Within 10 days, from the date of receiving official letter of the Commune-level People’s Committees, Department of justice considers dossiers for adoption and reply in writing to the Commune-level People’s Committees.

5. Within 05 working days, from the date of receiving agreement decision of the Department of justice, the Commune-level People’s Committees register adoption and organize to hand over adopted child referred to procedures provided in Article 10 of this Decree; in case the Department of justice disagrees, the Commune-level People’s Committees issues written reply and state clearly the reason to adopting persons.

Article 22. Procedures for settlingVietnamese citizens permanently residing in the border areas adopt children of neighboring countries residing in the border areas to be adopted

1. Vietnamese citizens permanently residing in the border areas adopt children of neighboring countries residing in the border areas must have enough conditions referred to Article 14 of Law on Adoption and conditions under the neighboring countries’ law.

2. Dossier for adoption must have papers, documents referred to Article 17 of law on Adoption and other papers, documents as provided under the neighboring countries’ law; number of dossier compiled under the neighboring countries’ law.

3. After completing dossier, adopting persons apply to Department of Justice. Department of Justice examines and confines if such person has enough conditions to adopt referred to Article 14 of Law on Adoption.

4. After registering adoption at the competent agencies of neighboring countries, adopting person must carry out the noting procedure at the Commune-level People’s Committees in which such person permanently residing.

Above are the procedures for foreign elemental adotion in the border areas.

Best regards!

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