Conditions for granting license to operate in Vietnam to foreign adoption organizations

What is adoption?

Based on the provisions of the Law on Adoption 2010, adoption means the establishment of parent and child relationships between the adopting and adopted persons.

Persons allowed to be adopted are children under 16 years; Persons aged between full 16 years and under 18 years falling into either of the following cases:

- To be adopted by the step father or step mother;

- To be adopted by a natural aunt or uncle.

A person may be adopted by only one single person or two persons being husband and wife.

The State encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances.

Conditions for granting license to operate in Vietnam to foreign adoption organizations (Internet image)

Conditions for granting license to operate in Vietnam to foreign adoption organizations

Pursuant to the provisions of Clause 1, Article 43 of the Law on Adoption 2010, a foreign adoption organization shall be granted a license to operate in Vietnam when fully meeting the following conditions:

- It is lawfully established and operates not for profits in the adoption domain in the territory of the country having acceded to an adoption treaty to which Vietnam is a contracting party;

- It is permitted by a competent adoption agency in the country in which it is established to operate in the adoption domain in Vietnam;

- It has operated in the intercountry adoption for 3 or more consecutive years without committing any violations as certified by a competent agency of the host country;

- It has a staff of social and legal workers knowledgeable about Vietnam's laws, culture and society and international law on adoption:

- It has a representative possessing goods ethical qualities and adoption expertise.

Rights and obligations of a foreign adoption organization operating in Vietnam

Pursuant to the provisions of Clause 2, Article 43 of the Law on Adoption 2010, a foreign adoption organization operating in Vietnam has the following rights and obligations:

- To give counseling to adopting persons on socio-economic conditions. family circumstances, social environment, needs and hobbies of Vietnamese children;

- To carry out on behalf of the adopting persons procedures for settling adoptions in Vietnam;

- To assist in finding substitute families for children who are disabled or infected with HIV/ AIDS or other dangerous diseases;

- To be provided with information and legal knowledge and participate in adoption training courses organized by competent Vietnamese agencies;

- To rent offices and employ Vietnamese under law;

- To observe the laws and respect customs and practices of Vietnam;

- To annually report on the growth of adopted Vietnamese children to the Ministry of Justice:

- To assist adoptive parents in preserving Vietnamese cultural traits in their adopted children;

- To pay fees for (he grant, extension and modification of their licenses to operate in Vietnam;

- To report on their operation and submit to the examination and inspection by competent Vietnamese agencies under law.

Cases of revocation of license to operate in Vietnam of foreign adoption organizations

Pursuant to the provisions of Clause 3, Article 43 of the Law on Adoption 2010, a foreign adoption organization will have its license to operate in Vietnam revoked in the following cases:

- No longer meeting all the conditions for granting license to operate in Vietnam to foreign adoption organizations in Vietnam

- Not observing the laws and respecting customs and practices of Vietnam;

Mai Thanh Loi

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