Who are allowed to be adopted in Vietnam? What is the place for submission of application for dossiers for settling adoption in Vietnam?

Who are allowed to be adopted in Vietnam?

Pursuant to Article 8 of the Law on Adoption in 2010 stipulating persons allowed to be adopted as follows:

Persons allowed to be adopted

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.

As regulations above, persons aged between full 16 years and under 18 years falling into either of the following cases:

- To be adopted by the step father or step mother;

- To be adopted by a natural aunt or uncle.

People over the age of 18 will not be eligible to be adopted.

What is the place for submission of application for dossiers for settling adoption in Vietnam?

Pursuant to Article 19 of the Law on Adoption in 2010 stipulating submission of dossiers, time limit for settling adoption as follows:

Submission of dossiers, time limit for settling adoption

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.

Therefore, the adoptive parents will submit the application for domestic adoption to the People's Committee at the commune level where the child to be adopted is domiciled or where the adoptive parents are domiciled.

What documents are included in the dossiers of adopting persons in Vietnam?

Pursuant to Article 17 of the Law on Adoption in 2010 stipulating the dossiers of adopting persons in Vietnam as follows:

Dossiers of adopting persons

A dossier of an adopting person comprises:

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.

As regulations above, a dossier of an adopting person comprises:

- A written request for adoption;

- A copy of the passport or identity card or a valid substitute paper;

- The judicial record sheet;

- Written certification of the marital status;

- A health certificate granted by a district-or higher-level health agency;

A document confirming the family situation, housing status, and economic conditions is issued by the People's Committee at the commune level where the adoptive parents are domiciled, except in the cases of a stepfather adopting his wife's child, a stepmother adopting her husband's child, or an aunt, uncle, cousin, or paternal or maternal uncle or aunt adopting a grandchild.

What are cases of termination of adoption in Vietnam?

Pursuant to Article 25 of the Law on Adoption in 2010 stipulating grounds for termination of adoption as follows:

Grounds for termination of adoption

An adoption may be terminated in the following cases:

1. The adopted child has grown mature and the adoptive parents terminate the adoption at their own will;

2. The adopted child is convicted of any of the following crimes: intentionally infringing upon the lives, health, dignity and honor of the adoptive parents; maltreating and persecuting the adoptive parents and dissipating the adoptive parents' property;

3. The adoptive parents are convicted of intentionally infringing upon the lives, health, dignity and honor of the adopted child; or maltreating and persecuting the adopted child;

4. Violating the provisions of Article 13 of this Law.

Pursuant to Article 13 of the Law on Adoption in 2010 stipulating prohibited acts as follows:

Prohibited acts

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.

As regulations above, cases of termination of adoption in Vietnam are:

- The adopted child has grown mature and the adoptive parents terminate the adoption at their own will;

- The adopted child is convicted of any of the following crimes: intentionally infringing upon the lives, health, dignity and honor of the adoptive parents; maltreating and persecuting the adoptive parents and dissipating the adoptive parents' property;

- The adoptive parents are convicted of intentionally infringing upon the lives, health, dignity and honor of the adopted child; or maltreating and persecuting the adopted child;

- Violating the following provisions:

+ Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children;

+ Forging papers for adoption settlement;

+ Discriminating between natural and adopted children;

+ Taking advantage of adoption to violate the population law;

+ Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives;

+ Grandparents adopting their grandchildren or siblings adopting one another;

+ Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions.

Best regards!