Vietnam: Conditions and dossiers for surrogate care registration

Conditions of the surrogate care

- Individuals or family representatives must reside in the territory of Vietnam. They must be healthy, capable of civil acts and have good virtuous character;

- They do not have their rights to juvenile children limited;

- They also do not face criminal prosecution or administrative penalties for acts of child abuse;

- They must not be convicted of deliberate infliction of harm to human life, health, or dignity of the others, or maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild, or caregiver, or persuading, forcing a minor to commit an offense, or harboring a minor committed an offense, or trafficking, or swapping, or appropriation of children;

- They must have suitable residence and economic conditions to ensure the nurture and education of children;

- They must voluntarily perform the surrogate care. All family members must agree with the receipt of surrogate care, and no one of family members must face the criminal prosecution or administrative penalties for acts of child abuse;

- Kindred who perform the surrogate care must be adults. In other cases, individuals who perform the surrogate care must be at least 20 years older than children.

Dossiers:

- An alternative care provision registration application (Form No. 08 enclosed with Decree No. 56/2017/NĐ-CP of Vietnam’s Government);

- A health certificate issued by a health agency within 6 months before the date of dossier submission in accordance with law;

- Criminal record card issued by a competent agency, for a foreigner or foreign family representative.

 When kindred of children perform the surrogate care, they must not carry out registration procedures but they must report to communal people’s committees to make decisions on approval for the surrogate care.

Rights of surrogate caregivers

Surrogate caregivers shall have the following rights:

- Surrogate caregivers are entitled to priority loans, vocational training and employment support and healthcare while they get into difficulties;

- They are supported with expenditure for nurturing children as regulated by the law and are entitled to receive support from agencies, organizations, families and individuals to perform the surrogate care.

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