Sequence of introduction of children for adoption in Vietnam

Sequence of introduction of children for adoption in Vietnam (Internet image)

1. Grounds for introduction of children for adoption in Vietnam

In Article 35 of the Law on Adoption 2010, the grounds for introduction of children for adoption are as follows:

The introduction of a child for intercountry adoption must be in the interests of the child, taking into account the interests of the adopting person on the basis of ensuring the following basic requirements:

- The child's remarkable characteristics, hobbies and habits:

- The child's integration and development ability;

- The adopting person's financial conditions, family and social environments and aspirations.

2. Dossiers of adopting persons

Article 31 of the Law on Adoption 2010 stipulates that the dossiers of adopting persons are as follows:

- A dossier of an overseas Vietnamese or a foreigner permanently residing abroad seeking to adopt a Vietnamese must comprise:

+ A written request for adoption;

+ A copy of the passport or a valid substitute paper;

+ A written permission for adopting a person in Vietnam:

+ A completed questionnaire on psychology and family;

+ A health certificate;

+ An income and property certificate;

+ A judicial record sheet:

+ A written certification of the marital status;

+ Adocument evidencing the case of adoption of a specific child specified in Clause 2, Article 28 of the Law on Adoption 2010.

- Papers and documents stated at Points b thru h. Clause 1 of Article 31 of the Law on Adoption 2010 must be made, issued or certified by competent agencies of the country in which the adopting person permanently resides.

- A dossier of the adopting person shall be made in 2 sets and submitted to the Ministry of Justice via the central adoption agency of the country in which the adopting person permanently resides; in case of adopting a specific person stated in Clause 2, Article 28 of the Law on Adoption 2010 the adopting person may submit the dossier directly to the Ministry of Justice.

3. Sequence of introduction of children for adoption in Vietnam

Article 36 of the Law on Adoption 2010 stipulates the sequence of introduction of children for adoption as follows:

Step 1: Submit application

Step 2:

Within 30 days after receiving the dossier of the adopting person, the provincial-level Justice Department shall consider and introduce a child for adoption on the basis of ensuring the grounds provided in Article 35 of Law on Adoption 2010 and report it to the provincial-level People's Committee.

Step 3:

Within 10 days after receiving the dossier from the provincial-level Justice Department, if approving the dossier, the provincial-level People's Committee shall notify it to the provincial-level Justice Department for carrying out procedures for forwarding the dossier to the Ministry of Justice; if disapproving the dossier, it shall issue a written reply clearly stating the reason.

Note:

Before the provincial-level Justice Department considers and introduces a child for intercountry adoption, if a person 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 completes, the commune-level People's Committee shall report it to the provincial-level Justice Department for terminating the introduction of the child for intercountry adoption.

Step 4:

Within 30 days after receiving a report on the result of the introduction of a child for adoption, the Ministry of Justice shall examine such introduction; if it is valid, it shall make an assessment report on the Vietnamese child's eligibility for intercountry adoption and notify the competent agency of the country in which the adopting person permanently resides.

Step 5:

Within 15 days after receiving a document of the competent agency ofthe country in which the adopting person permanently resides notifying the consent of the adopting person to the introduced child and certifying that the child will be allowed to enter and permanently reside in the country in which child is adopted, the Ministry of Justice shall notify it to the provincial-level Justice Department.

The adopting person may not come into contact with the parents or guardian or nurturing center before receiving the notification of the introduction of the child for adoption, except for the case specified in Clause 2, Article 28 of the Law on Adoption 2010.

Note: If the adopting person refuses to adopt the child introduced for adoption without a plausible reason, the settlement of his/her adoption request dossier will terminate.

Ngoc Nhi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE