Guidance for re-registration of adoption according to the latest regulations in Vietnam

Guidance for re-registration of adoption according to the latest regulations in Vietnam (Image from the Internet)

1. Latest Guidance on re-registration of adoption in Vietnam

According to Article 29 of Decree 19/2011/ND-CP, the guidance on re-registration of adoption in Vietnam is as follows:

- Adoption that has been registered with the competent state authority of Vietnam, but both the Civil Status Register and the original adoption registration documents are lost or damaged and cannot be used, can be re-registered if both the adoptive parents and the adopted child are still alive at the time of the re-registration request.

- The Commune People’s Committee where the adoptive parents and the adopted child reside or where the adoption was previously registered, shall handle the re-registration. The Department of Justice where the adoptive parents and the adopted child reside or where the adoption was previously registered shall handle the re-registration for international adoptions.

- The individual requesting re-registration must submit the Re-registration Declaration Form. If the request is made at a Commune People's Committee or Department of Justice different from where the adoption was previously registered, the Declaration Form must include a commitment from the requestor regarding the truthfulness of the previous adoption registration, with signatures of at least two witnesses.

- Within 5 working days from the receipt of complete and valid documents, the Chairman of the Commune People’s Committee shall sign and issue one original Adoption Certificate to the requestor.

For re-registration of international adoptions, the Director of the Department of Justice shall submit to the Provincial People’s Committee for signing a Decision allowing the Vietnamese child to be adopted internationally and issuing it to the re-registration requestor.

- The remark section of the original documents stipulated in Clause 4, Article 29 of Decree 19/2011/ND-CP and the Adoption Register must clearly state it is a re-registration.

2. Regulations on recording of processed adoption applications into the adoption register at overseas competent authorities in Vietnam

According to Article 30 of Decree 19/2011/ND-CP (amended by Clause 9, Article 1 of Decree 24/2019/ND-CP), the regulations on recording of processed adoption applications into the adoption register at overseas competent authorities in Vietnam are as follows:

- Adoptions between Vietnamese citizens or between Vietnamese citizens and foreigners resolved by competent foreign authorities shall be recorded in the Adoption Register in the following cases:

+ The adoption was resolved according to the provisions of an international treaty to which Vietnam and the country where the adoption was resolved are both parties;

+ The adoption was resolved according to the foreign law, except for cases violating the fundamental principles of the law of the Socialist Republic of Vietnam.

- The authority and procedures for recording of processed adoption applications into the adoption register at overseas competent authorities shall follow civil status law provisions.

For adoptions resolved under point (a), Clause 1, Article 30 of Decree 19/2011/ND-CP, in addition to the documents specified in Clause 1, Article 49 of the 2014 Civil Status Law, the dossier must include a certification from the competent foreign authority that the adoption complies with the relevant international treaties.

- The Adoption Department shall post on the Ministry of Justice's electronic portal the list of countries with which Vietnam cooperates under international treaties on adoption.

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