Dossiers of persons introduced for domestic adoption in Vietnam

Dossiers of persons introduced for domestic adoption in Vietnam (Internet image) 

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

1. Dossiers of persons introduced for domestic adoption in Vietnam

Dossiers of persons introduced for domestic adoption according to Article 18 of the Law on Adoption 2010 is as follows:

- A dossier of a person introduced for domestic adoption comprises:

+ The birth certificate;

+ A health certificate granted by a district-or higher-level health agency;

+ Two photos of the whole body looking straight, taken within the past 6 months;

+ A record of certification made by the commune-level People's Committee or police of the place in which the child is abandoned, for abandoned children; the death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;

+ The receipt decision, for children in a nurturing center.

- The natural parents or guardians shall compile dossiers of persons introduced for adoption who currently live with their families; nurturing centers shall compile dossiers of children introduced for adoption who currently live in such centers.

2. Conditions on adopting persons in Vietnam

Conditions on adopting persons in Vietnam according to Article 14 of the Law on Adoption 2010 are as follows:

- An adopting person must fully meet the following conditions:

+ Having full civil act capacity;

+ Being 20 years or more older than the adopted person;

+ Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

+ Having good ethical qualities.

- The following persons may not adopt a child:

+ Having some of the parental rights over a minor child restricted:

+ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

+ Currently serving an imprisonment penalty:

+ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

- In case the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin. Points b and c of Article 14 of the Law on Adoption 2010 will not apply.

3. Regulations on registration of adoption in Vietnam

Regulations on registration of adoption in Vietnam according to Article 22 of the Law on Adoption 2010 are as follows:

- When seeing that the adopting persons and the person introduced for adoption are eligible under this Law. the commune-level People's Committee shall organize the adoption registration, hand the adoption certificates to the adoptive parents, the natural parents or the guardian or a representative of the nurturing center, organize the delivery and receipt of the adopted child and record the adoption in the civil status book within 20 days after obtaining the consent of the persons referred to in Article 21 of the Law on Adoption 2010.

- In case the commune-level People's Committee refuses registration, it shall, within 10 days after obtaining the consent of the persons referred to in Article 21 of the Law on Adoption 2010. issue a written reply clearly stating the reason to the adoptive parents, the natural parents or the guardian or a representative of the nurturing center.

- The adoption certificate shall be sent to the commune-level People's Committee of the place in which the person introduced for adoption or the adopting person permanently resides.

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