ADOPTING VIETNAMESE CHILDREN WITH FOREIGN ELEMENTS – PROCEDURES AND SOME ISSUES TO NOTE

ADOPTING VIETNAMESE CHILDREN WITH FOREIGN ELEMENTS – PROCEDURES AND SOME ISSUES TO NOTE
Posted date: 02/07/2024

1. What is the adoption of children in Vietnam with foreign elements?

Adoption with foreign elements is adoption between a Vietnamese citizen and a foreigner, between foreigners permanently residing in Vietnam, between Vietnamese citizens where one party is residing abroad.

According to Article 4 of the Law on Adoption, when settling adoptions, the right of children to live in the family of origin must be respected. Adoption must ensure the legitimate rights and interests of adopted and adopting persons, free consent, equality, non-discrimination between male and female and non-violation of law and social ethics. Adoption by a person living abroad is allowed only when no domestic substitute family can be found. 

Cases of adopting Vietnamese children with foreign elements [ 1] 

– Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child..

– Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:

+ He/she is the step father or step mother of the to-be-adopted child;

+ He/she is the natural aunt or uncle of the to-be-adopted child;

+ He/she has adopted a child who is a sibling of the to-be-adopted child;

+ He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;

+ He/she is a foreigner currently working or studying in Vietnam for at least 1 year;

– Foreigners permanently residing in Vietnam adopt children in Vietnam.

2. Procedures for adopting children in Vietnam involving foreign elements

2.1. Documents [2]

– A written request for adoption;

– A copy of the passport 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;

-  A judicial record sheet:

– A written certification of the marital status;

Note:

– Documents issued by foreign competent authorities must be consularly legalized when carrying out procedures.

2.2. Authority to carry out adoption procedures [3]

–  In case of specific children adoption (stepfather, stepmother biological aunt, uncle of orphans; Adopting children with disabilities, HIV/AIDS or other serious diseases; Being a working foreigner, studying in Vietnam for at least 01 year [4] ) the adopting person applies dossiers directly at Department of Child Adoption. If having suitable reason for being not to apply dossiers directly at the Department of Child Adoption, adopting persons authorize in writing to their relatives permanently residing in Vietnam apply dossiers at Department of Child Adoption or send doddiers via post office by recorded delivery.

– In case of non specific child adoption, the adopting person permanently residing in the country is contracting party of a treaty on coordinating adoption with Vietnam applies dossiers to the Department of Child Adoption via such country adoption agencies granted license for operating in Vietnam; If such country has not got adoption agencies granted license for operating in Vietnam, adopting persons applies dossiers to the Department of Child Adoption via the diplomatic representative agencies or the Consular agency of such country in Vietnam. 

2.3. Order and procedures [5]

Step 1: Prepare documents and submit them to the competent authority 

Prepare documents as stated in Section 2.1 above and submit to the Competent Authority mentioned in Section 2.2 above.

Step 2: Check and verify documents

Within 15 days after receiving complete dossiers from the adopting person, the Department of Adoption checks and evaluates the dossiers to determine that: 

– The adopting person has been guaranteed by the competent authority of the country where he or she permanently resides to meet the adoption conditions according to the law of that country;

– The adopting person meets the conditions for adopting a child according to Vietnamese law. 

When evaluating the dossier, if necessary, the Adoption Department obtains the opinions of psychological, medical, family, and social experts to determine whether the adopting person has the best conditions to care for, raise, and educate the adoptive child.

The adopting person's application is approved if it meets the requirements specified above; In case of disapproval, the Department of Adoption returns the documents and clearly states the reason in writing.

Step 3: The Department of Adoption transfers the adopting person's dossier to the Department of Justice to introduce children for adoption 

The Department of Adoption transfers the dossier of foreign adoptees to the Department of Justice according to the provisions of Clause 3, Article 34 of the Law on Adoption. The transfer of documents must be based on the number of children eligible for foreign adoption and the number of approved adopters' documents.

After the end of the notice period to find a replacement family for an orphaned child according to the provisions of law (except in the case of specific adoption), if the child is not adopted by a domestic person, the Ministry of Justice shall Transfer the adopter's dossier to the Department of Justice where the child is introduced for adoption permanently resides to review and introduce the child for adoption according to the prescribed order.

Step 4: The Department of Justice considers introducing children for adoption

Within 30 days from the date of receiving the adopter's dossier transferred by the Department of Adoption, the Department of Justice shall consider and recommend the child for adoption.

Note: in case of specific children adoption according to regulations (Clause 2, Article 28, Law on Adoption), there is no need to carry out procedures to introduce children for adoption.

Step 5: Decide whether the orphan is eligible for foregin adoption

Within 10 days from the date of receiving the dossier from the Department of Justice, if the Provincial People's Committee aproves, it will notify the Department of Justice to carry out procedures to transfer the dossier to the Ministry of Justice; In case of disaproval, it shall respond in writing and clearly state the reason.

Step 6: The Ministry of Justice evaluates and notifies the competent authority of the country where the adopting person resides.

Within 30 days from the date of receiving the report on the results of introducing children for adoption, the Ministry of Justice checks the introduction of children for adoption and, if valid, it shall prepare an assessment of the Vietnamese child's eligibility for international adoption and notify the competent authority of the country where the adopting person is a permanent resident.

Step 7: The Ministry of Justice informs the Department of Justice of the adopting person consent

Within 15 days from the date of receipt of the document from the competent authority of the adopting country notifying the adopting person's consent to the introduced child, confirming the child's consent. The child will be allowed to enter and permanently reside in the country where the child is adopted, the Ministry of Justice notifies the Department of Justice.

Step 8: Decide whether the child will be adopted abroad

After receiving notice from the Ministry of Justice, the Department of Justice submits to the Provincial People's Committee a decision to let the child be adopted abroad. Within 15 days from the date of receiving the dossier submitted by the Department of Justice, the Provincial People's Committee shall decide to let the child be adopted abroad.

Step 9: The adopting person comes to Vietnam to directly adopt the orphan

The Department of Justice notifies adoptive parents to come to Vietnam to adopt children. Within 60 days, the adoptive person must be present in Vietnam to directly adopt the child; In case a husband and wife apply to adopt a child but one of them for objective reasons cannot be present at the adoption ceremony, the other person must have authorization; Can be extended, but not more than 90 days. At the end of the above time limit, if the adopting party does not come to adopt the child, the Provincial People's Committee will cancel the decision to let the child be adopted abroad.

Step 10: Adoption of children

The adoption must be recorded in writing, signed or fingerprinted by the parties and the representative of the Department of Justice.

Then, the Ministry of Justice sends this decision to the Ministry of Foreign Affairs to notify Vietnamese representative agencies abroad about the adoption of children to implement protection measures in case of necessity.

3. Some issues to note

3.1. Conditions for adopting Vietnamese children with foreign elements

Conditions for people adopting children with foreign elements [6]

Vietnamese people residing abroad, foreigners permanently residing abroad who adopt Vietnamese people must meet the following conditions:

- Meet all the conditions prescribed by the law of the country where that person permanently resides;

- Have full civil act capacity;

- 20 years or more older than the adopted child;

- Have health, economic, and housing conditions to ensure the care, upbringing, and education of adopted children;

- Have good moral character.

Cases where adoption is not allowed [7]

Some rights of parents towards minor children are being restricted;

Currently serving an administrative handling decision at an educational facility or medical treatment facility;

– Currently serving a prison sentence;

– Have not had a criminal record removed for one of the crimes of intentionally violating the life, health, dignity or honor of another person; mistreating or torturing grandparents, parents, spouses, children, grandchildren, or people who have contributed to raising them; luring, coercing or harboring minors to violate the law; buying, selling, exchanging, and appropriating children.

3.2. For adopted people [8]

– The adopted person is a child under 16 years old. However, people from 16 years old to under 18 years old can still be adopted if the person adopting the child is a stepfather or stepmother, or biological aunt, uncle who adopts the child. .

– A person can only be adopted by a single person or by two people who are husband and wife.

3.3. Fees for adopting children in Vietnam

3.3.1. Fee level [9]

– Adoption registration fee for cases of Vietnamese residing abroad, foreigners permanently residing abroad adopting children who are Vietnamese citizens: 9,000,000 VND/case.

– Fees collected for cases where foreigners permanently residing in Vietnam adopt children who are Vietnamese citizens: 4,500,000 VND/case.

– Fees collected in cases where foreigners residing in border areas of neighboring countries adopt Vietnamese children permanently residing in Vietnam's border areas: 4,500,000 VND/case .

– Adoption registration fee at Vietnamese representative agencies abroad: 150 USD/case. This fee is converted into the host country's currency according to the selling exchange rate of the US dollar announced by the bank where the Vietnamese representative agency in that country opens an account.

3.3.2. Place to pay fees [10]

– Commune-level People's Committees collect adoption registration fees for cases where foreigners residing in border areas of neighboring countries adopt Vietnamese children permanently residing in Vietnam's border areas.

– The Department of Justice collects fees for cases where foreigners permanently residing in Vietnam adopt children who are Vietnamese citizens.

– The Department of Adoption (Ministry of Justice) collects fees for foreign adoption registration, except for the 02 cases mentioned above;

– Vietnamese representative agencies abroad collect adoption registration fees at Vietnamese representative agencies abroad.

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