Fee rates regarding adoption in Vietnam 2023

What are the fee rates regarding adoption in Vietnam 2023? - Khanh Huyen (HCMC, Vietnam)

Mức lệ phí nuôi con nuôi năm 2023
Fee rates regarding adoption in Vietnam 2023 (Internet image)

1. Adoption fee payers in Vietnam

In Article 3 of Decree 114/2016/ND-CP, fees payers are prescribed as follows:

- A Vietnamese national permanently residing in Vietnam that adopt a child being Vietnamese national permanently residing in Vietnam shall pay an amount of domestic adoption registration fee as prescribed in Point a Clause 1 Article 6 of Decree 114/2016/ND-CP upon the submission of application for adoption registration at a People’s Committee of commune.

- A Vietnamese person residing in a foreign country or a foreigner permanently residing in a foreign country that adopts a child being Vietnamese national shall pay an amount of intercountry adoption registration fee as prescribed in Point b Clause 1 Article 6 of Decree 114/2016/ND-CP upon the submission of application for adoption registration at Adoption Department of the Ministry of Justice.

- A foreigner permanently residing in Vietnam that adopts a child being Vietnamese national permanently residing in Vietnam shall pay an amount of adoption registration fee as prescribed in Point c Clause 1 Article 6 of Decree 114/2016/ND-CP upon the submission of application for adoption registration at the Ministry of Justice.

- A foreigner residing in a border region of a neighbor country that adopts a Vietnamese child permanently residing in such border region of Vietnam shall pay an amount of adoption registration fee as prescribed in Point d Clause 1 Article 6 of Decree 114/2016/ND-CP upon the submission of application for adoption registration at a People’s Committee of commune.

- A Vietnamese nation temporarily residing in a foreign country that adopts a child being Vietnamese national temporarily residing in Vietnam shall pay an amount of adoption registration fee as prescribed in Point dd Clause 1 Article 6 of Decree 114/2016/ND-CP upon the submission of application for adoption registration at a Vietnam’s overseas representative body.

- An intercountry adoption agency shall, after issuance or extension of an operation license in Vietnam, pay an amount of fee as prescribed in Clause 2 Article 6 of Decree 114/2016/ND-CP upon the submission of application at Adoption Department of the Ministry of Justice.

2. Adoption registration fee rates in Vietnam

In Article 6 of Decree 114/2016/ND-CP, the fee rates are as follows:

- Amounts of adoption registration fees:

+ Amount of domestic adoption registration fee: VND 400,000/case.

+ Amount of adoption registration fee collected from Vietnamese people residing in foreign countries or foreigners permanently residing in foreign countries that adopt children being Vietnam nationals: VND 9.000.000/case.

+ Amount of fee collected from foreigners permanently residing in Vietnam that adopt children being Vietnamese nationals: VND 4.500.000/case.

+ Amount of fee collected from foreigners residing in border regions of neighbor countries that adopt Vietnamese children permanently residing in such border regions: VND 4.500.000/case.

+ Amount of adoption registration fee at Vietnam’s overseas representative bodies: USD 150/case. The above fee shall be converted into the receiving country’s currency according to the selling rate of USD announced by a bank where the Vietnam’s overseas representative body open its account.

- Amounts of fees for issuance of operation license to an intercountry adoption agency:

+ Initial issuance license fee: VND 65,000,000/license;

+ Extension license fee: VND 35,000,000/license.

3. Collecting bodies in Vietnam

In Article 5 of Decree 114/2016/ND-CP, collecting bodies are as follows:

- People’s Committees of communes shall collect domestic adoption registration fees and fees collected from foreigners residing in border regions of neighbor countries that adopt Vietnamese children permanently residing in such border regions.

- Services of Justice shall collect fees from foreigners permanently residing in Vietnam that adopt children being Vietnamese nationals.

- Adoption Department of the Ministry of Justice shall collect intercountry adoption registration fees, excluding regulations in Clause 1 and Clause 2 of this Article; and fees for issuance or extension of operation licenses of intercountry adoption agencies.

- Vietnam’s overseas representative bodies shall collect adoption registration fees at Vietnam’s overseas representative bodies.

4. Case of exemption from and deduction in adoption registration fees in Vietnam

In Article 4 of Decree 114/2016/ND-CP, cases of exemption from and deduction in adoption registration fees are as follows:

- Domestic adoption registration fees shall be exempted in one of the following cases:

+ A stepfather or stepmother adopts a stepchild of his/her spouse; or an aunt or uncle adopts a niece or nephew;

+ A person adopts one of the following children: Disabled children, HIV/AIDS infected children or children suffering fatal disease/illness as prescribed in the Law on adoption and guiding documents;

+ A people with meritorious services to the revolution adopts a child.

- Intercountry adoption registration fees shall be deducted in one of the following cases:

+ A reduction of 50% in intercountry adoption registration fee shall apply to a stepfather or stepmother that adopts a stepchild of his/her spouse or an aunt or uncle that adopts a niece or nephew;

+ In case of simultaneously multiple adoption of biological brothers/sisters, a reduction of 50% in intercountry adoption fee shall apply to each of children excluding the first child;

+ In case of adoption falling into the both aforesaid cases prescribed in Point a and Point b of this Clause, the payer may select to apply the reduction in fees prescribed in either of those Points.

- Exemption from adoption registration fees shall apply to the cases of re-registration of adoption as prescribed in law on adoption.

Ngoc Nhi

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