ADOPTION BY FOREIGNERS IN VIET NAM

1. Legal grounds:

Law on Adoption 2010.

Decree No. 19/2011/ND – CP Providing in detail for implementation of a number of articles of the law on adoption.

2. Content

a. Conditions on adopting:

•  Conditions on adopting persons:
  • Foreigner is understood as a non-Vietnamese citizen or a stateless person being able for adopting in Vietnam in the following cases: Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child; foreigners permanently residing abroad may adopt a specific child ( step father, step mother, natural aunt, uncle of the to-be-adopted child…);
  • Having full civil act capacity; having good ethical qualities; 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.
  • Not having some of the parental rights over a minor child restricted; or not currently serving an administrative handling decision at an educational institution or medical treatment establishment; not 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.
•  Conditions on persons allowed to be adopted:
  • 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 step father, step mother, 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.

b. Dossiers and procedures of adopting:

Dossiers on adopting persons:

• A written request for adoption;
• A copy of the passport or identity card or a valid substitute paper;
• A written permission for adopting a person in Vietnam;
• A completed questionnaire on psychology and family;
• A health certificate;
• An income and property certificate;
• The judicial record sheet (issued for no more than 12 months, up to the date of filing the Department of Adoption);
• Written certification of the marital status;

* Note: Papers, documents in the dossier of foreign adopting persons prepared, issued or certified by foreign competent agencies must be consular legalized when using in Vietnam, except for consular exemption.

Procedures for adopting:

Adopting person submitted the dossiers directly at Department of Adoption. In case of plausible reasons that cannot be submitted directly to the Department of Adoption, the adopting person authorizes in written authorization to the relatives in Vietnam to submit dossiers at Department of Adoption or send dossiers to the Adoption Department via mail in the form of registered mail.

The provincial-level Justice Department shall examine the dossiers and consult persons. If seeing that the adopting person and person introduced for adoption are eligible under this Law, the provincial-level Justice Department shall submit their dossiers to the provincial-level People's Committee for consideration and decision.

        Within 15 days after receiving the dossiers from the provincial-level Justice Department, the provincial-level People's Committee shall decide to allow the foreigner permanently residing in Vietnam to adopt the child; in case of refusal, it shall reply in writing clearly stating the reason to the adopting person.

        Immediately after receiving the provincial-level People's Committee's decision, the provincial-level Justice Department shall register the adoption under the law on civil status registration and organize a child delivery and receipt ceremony at its head office in the presence of a representative of the provincial-level Justice Department, the adopted child, the adoptive parents, a representative of the nurturing center, for children living in nurturing centers, or the natural parents or the guardian of the child, for children living with their families. If the adopting person fails to come to receive the child without a plausible reason, the provincial-level People's Committee shall cancel the decision to allow the foreigner's adoption.

        The delivery and receipt of an adopted child must be recorded in a minutes bearing the signatures or fingerprints of the involved parties and the representative of the provincial-level Justice Department.