Application of adopting persons in cases with foreign elements in Vietnam

Application of adopting persons in cases with foreign elements in Vietnam (Internet image)

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

1.  Application of adopting persons in cases with foreign elements in Vietnam

According to Article 13 of Decree 19/2011/ND-CP, Vietnamese children adoption Application of an overseas Vietnamese, a foreigner permanently residing abroad must comprise papers, documents provided in clause 1 Article 31 of Law on Adoption.

When applying dossiers at the Department of Child Adoption, the adoptiing person incase of specific children as provided in clause 2 Article 28 of Law on Adoption must apply 01 set of dossier of adopted children and depend on each case, must have the following correlative documents:

- Copy of marriage certificate of stepfather or stepmother with natural mother or father of adopted children.

- Papers, documents proving that adopting persons are natural aunt, uncle of the adopted children.

- Copy of Vietnam competence agency’s decision allows such person adopting Vietnamese children and papers, documents proving that such adopted children with the children introduced to be adoptees are biological siblings.

- Papers, documents proving that adopted child is belong one of the cases provided in clause 1 Article 3 of Decree 19/2011/ND-CP.

- Confirming document of the Commune-level People’s Committees or Public Securities of the adopting persons’s Vietnam residence and the other papers, documents proving that the adopting persons are the foreigners working, educating uninterruptedly in Vietnam for an at least 01 year period, counted to the date of application of dossiers at the Department of Child Adoption.

3. Sequence of introduction of children for adoption with foreign elements in Vietnam

Sequence of introduction of children for adoption with foreign elements according to Article 36 of the Law on Adoption 2010 is as follows:

- 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 the Law on Adoption 2010 and report it to the provincial-level People's Committee.

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.

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.

- 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.

- 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 this Law.

- 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.

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