Adoption registration fee rate in Vietnam 2023

Adoption registration fee rate in Vietnam 2023 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Adoption registration fee rate in Vietnam 2023

According to Clause 1, Article 6 of Decree 114/2016/ND-CP, amounts of adoption registration fees in Vietnam are as follows:

- 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.

2. Collection, payment and management of adoption registration fees in Vietnam

Collection, payment and management of adoption registration fees in Vietnam according to Article 7 of Decree 114/2016/ND-CP is as follows:

- Each collecting body shall open an provisional collection account at a State Treasury at the same administrative level for the fee collection purposes; total weekly-collected fees shall be paid into the provisional collection account at the State Treasury.

No later than the 20th of each month, the collecting body shall transfer full payment of fees collected in the previous month to the government budget (after deducting from the fees refunded to the payers) as prescribed; the collecting body shall also make monthly declaration and payment to government budget and make annual statement as prescribed in law on tax administration.

With regard to collecting body being a Vietnam’s overseas representative body, it shall make declaration and payment of adoption registration fees in accordance with instructions of the Ministry of Finance.

- If an application of which adoption registration fee is collected is not transferred to the Service of Justice and the adoptive person requests to withdraw such application, the collecting body shall refund the adoption registration fee to the payer.

If the adoptive person remain his/her willing to adopt the child, the paid fee shall be offset against the fee payable regarding the following application.

If the adoptive person does not remain his/her willing to adopt the child, the collecting body shall deduct an amount from the provisional collection account at a State Treasury to refund the paid fee to the payer and such amount shall be deducted from the fees payable to the State budget by the collecting body, and then make declaration and statement of fees to the tax authority in accordance with law on tax administration.

3. Adoption registration fee collecting bodies in Vietnam

Adoption registration fee collecting bodies according to Article 5 of Decree 114/2016/ND-CP are as follows:

- Commune-level People's Committees shall collect domestic adoption registration fees and fees for cases where foreigners residing in border areas of neighboring countries receive Vietnamese children permanently residing in border areas. of Vietnam for adoption.

- The Department of Justice collects fees for cases where foreigners permanently residing in Vietnam adopt Vietnamese citizens.

- The Department of Child Adoption (Ministry of Justice) collects fees for foreign adoption registration, except for the cases specified in Clauses 1 and 2, Article 5 of Decree 114/2016/ND-CP; fees for granting and renewing operation licenses of foreign adoption organizations.

- Overseas Vietnamese representative missions collect adoption registration fees at overseas Vietnamese representative missions.

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