When detecting abandoned children, which agencies can I notify in Vietnam?

When detecting abandoned children, which agencies can I notify in Vietnam?

Pursuant to Clause 1, Article 14 of Decree 123/2015/ND-CP has the following provisions:

1. Any person who detects an abandoned child shall protect the child and immediately notify the People’s Committee or police authority of the commune where such child is abandoned. If a child is abandoned at a health facility, the health facility’s head shall be responsible for giving notice.

As soon as practicable after receiving such notice, the President of People’s Committee of commune or chief police of commune shall make a report on the abandonment; and then the People’s Committee of commune shall give the child to an individual or organization in charge of temporary rearing as prescribed by law.

The report shall specify the time when and place where an abandoned child is found; his/her identity namely sex, body condition, health condition; his/her assets or objects, if any; full name, identification card, place of residence of the finder. The report shall bear signatures of the person making the report, the finder, the witness (if any) and the seal of the authority from which the report is made.

The report shall be made in two copies; one copy shall be archived at the authority from which it is made, and the other shall be sent to the individual or organization in charge of temporary rearing.

Thus, according to the above regulations, when you discover an abandoned infant, you need to immediately notify the People’s Committee or police authority of the commune where such child is abandoned in Vietnam.

If nobody seeks to adopt the child in Vietnam, what will agencies do? 

According to Clause 2, Article 15 of the Law on Adoption 2010, responsibility to find substitute families for children is regulated as follows:

2. The finding of a substitute family for a child is stipulated as follows:

a/ For an abandoned child, the People's Committee of the commune in which the child is found shall find a person or an organization to temporarily nurture the child: if a person seeks to adopt the child, the People's Committee of the commune in which the child is found shall consider and settle the adoption under law; if nobody seeks to adopt the child, the commune-level People's Committee shall compile a dossier for sending him/her to a nurturing center;

b/ For an orphan who has no caretaker or a child who has natural parents and relatives who, however, are incapable of nurturing the child, the guardian, natural parents or relatives shall report this to the commune-level People's Committee of the place in which the child permanently resides for finding a substitute family for the child. The concerned commune-level People's Committee shall support the child's nurturing and post up at its head office for 60 days an announcement to find a person to adopt the child; if a person in the country seeks to adopt the child, the commune-level People's Committee shall consider and settle the adoption. Past the time limit of posting up the announcement, if nobody in the country seeks to adopt the child, the commune-level People's Committee shall compile a dossier for sending him/her to a nurturing center;

c/ In case a nurturing center has children in need of a substitute family, it shall make a list thereof and send it to the provincial-level Justice Department, which shall announce it for 3 consecutive times in the province's print newspaper or other mass media.

Within 60 days from the date of announcement, if a person in the country seeks to adopt the child, he/she shall contact the commune-level People's Committee of the place in which the child permanently resides for consideration and settlement: once the adoption has been completed, the commune-level People's Committee shall report it to the provincial-level Justice Department for deletion of the name of the child in the list of children in need of substitute families.

Past 60 days from the date of announcement, if nobody in the country seeks to adopt the child, the provincial-level Justice Department shall send the list of children in need of substitute families to the Ministry of Justice;

d/ The Ministry of Justice shall announce the finding of persons in the country seeking to adopt children on its website.

Within 60 days from the date of announcement, if a person in the country seeks to adopt a child, he/she shall contact the commune-level People's Committee of the place in which the child permanently resides for consideration and settlement; once the adoption has been completed, the commune-level People's Committee shall report it to the Ministry of Justice for deletion of the name of the child in the list of children in need of substitute families.

Past 60 days from the date of announcement, if nobody in the country seeks to adopt the child, the Ministry of Justice shall notify such to the provincial-level Justice Department.

According to this Article, the People's Committee of the commune in which the child is found shall find a person or an organization to temporarily nurture the child. If nobody seeks to adopt the child, the commune-level People's Committee shall compile a dossier for sending him/her to a nurturing center in Vietnam.

Best Regards!