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THE MINISTRY OF LABOUR, INVALIDS AND
SOCIAL AFFAIRS
THE MINISTRY OF JUSTICE
THE MINISTRY OF FOREIGN AFFAIRS
THE MINISTRY OF HOME AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
01/TTLB
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Hanoi, January 19, 1993
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INTER - MINISTERIAL CIRCULAR
INSTRUCTIONS
ON IMPLEMENTING THE TEMPORARY REGULATIONS ISSUED IN ACCOMPANY WITH THE DECISION
No 145/HDBT ON APRIL 29, 1992 BY THE COUNCIL OF MINISTERS (NOW THE GOVERNMENT)
On April 29, 1992 , the Council
of Ministers (now the Government) issued the Decision No 145/HDBT on Temporary
Regulations to allow foreign people to adopts Vietnamese children who are
orphaned, abandoned or disabled living in feeding institutions administered by the
Labour, Invalids and Social Affairs authorities.
Basing upon the Article 11 of
the Temporary Regulations, the Ministries of Labour, Invalids and Social
Affairs, Justice Foreign Affairs and Interior issue the following instructions
on the implementation:
I. SCOPE OF APPLICATION
1. The Temporary Regulations on
adoption are only applied to foreign people adopting those Vietnamese children
who are orphaned, abandoned or disabled, living in the feeding facilities
administered by the Labour, Invalids and Social Affairs authorities. The said
facilities comprise:
- The institutions administered
by the Ministry of Labour, Invalids and Social Affairs.
- The institutions administered
by the local Departments of Labour, Invalids and Social Affairs.
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- People who have foreign
citizenship or no citizenship; including the foreign people living in Vietnam.
At the moment of adoption, the
above-mentioned people should be 20 years older than the adopted.
II. DOSSIER AND FORMALITIES FOR THE ADOPTION
1. The dossier of the adoption
applicant shall comprise:
a. Adoption Application:
indicating name, birth date, nationality, residence, address, profession,
justified purpose for the adoption and commitment to perform the Temporary
Regulations, Article 8, positions 2, 3, 4 and 5. The application should be
accompanied with the photograph of the applicant.
In case the applicant is aware
of the child to be adopted, the former should indicate clearly the name, sex,
age of the child and the feeding institution where the child is being
supported.
If the applicant does not know
about the child to be adopted, the former should indicate clearly in the
application the age, sex and health of the child. If a disabled child is
desired, the type of disability should also be known.
If the applicant has got a
spouse, the application should bear the signatures and full names of both
husband and wife.
b. The legal paper certifying
that the applicant has got sufficient conditions to satisfy the requirements of
supporting an adopted in accordance with the laws of the applicant's country,
and that the adoption of Vietnamese children is thereby recognized to be legal
and legitimate. The paper should be issued by the relevant competent authorities
in the country in which the applicant is a citizen or a resident.
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d. The certification on annual
income being sufficient to support the adopted.
e. A Certificate of Birth.
g. A copy of the passport or any
substitute.
The certified paper under
position b and certificates on annual income, health (if issued abroad) of the
applicant shall be made legitimate at overseas Vietnamese Diplomatic Missions,
Consulate or at the Consular Department-Ministry of Foreign Affairs. If the
applicant has got a spouse, the paper under position c, d, e, g for both the husband
and wife shall be available.
All above-mentioned dossier
shall be translated into Vietnamese and the translation should be notarized in
accordance with Vietnamese laws.
2. The child who is proposed to
be adopted shall have the following paper:
a. Written agreement by the
Director of the feeding institution on allowing the child to be adopted by
foreign people.
If the child has got a father,
mother or guardian, the latter should make a written statement on his (her)
free approval of the adoption by foreign people.
b. A Certificate of birth with
photographs.
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d. A Health certificate of the
child.
e. Other paper as reasonably
requested by the applicant.
All above-mentioned dossier
shall be prepared by the feeding institution and notarized in accordance with
Vietnamese laws.
3. Formalities and Procedures:
The foreign adoption applicant
shall send the dossier to the Ministry of Labour, Invalids and Social Affairs
of Vietnam. If the dossier is not a sufficient as stipulated under Part II,
Section 1, the applicant will be requested to provide supplement.
a. In case the applicant has
been aware of the proposed adopted:
- The dossier will be
transferred immediately to the People's Committees of the Provinces, Cities
affiliated to the central administration (hereinafter referred to briefly as
the Provincial People's Committees) where the child's feeding institution is situated.
The provincial Department of Justice should assist the provincial People's
Committee in making the inspection, investigation and suggestion to the
provincial People's Committee for solution.
During the inspection and investigation,
the Justice Department should co-operate with authorities involved (Police,
External Affairs Service ...). If problems arise beyond their competency, the
authorities involved should ask for the instructions from their relevant
Ministry.
After having received the
opinions form the Justice Department and authorities concerned, the provincial
People's Committee shall make the decision on allowing (or disallowing) the
foreign applicant to adopt the child. A copy of the decision is sent to the
Ministry of Labour, Invalids and Social Affairs for notifying the foreign applicant.
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- Upon receiving the
notification of approval, the foreign applicant should come himself to Vietnam
to sign on the commitment with the Ministry of Labour, Invalids and Social
Affairs and fulfill other adoption formalities. In a very special case, where
the applicant can not come himself to Vietnam at the moment of delivery, he can
entrust one of his relatives or (if the latter is not available) a person of
the organization stipulated in Article 8, Position 2 of the Temporary
Regulations to come to Vietnam to fulfill procedures of adoption on his behalf.
The entrusted person should have a legal credentials of the applicant. The
credentials shall be legitimate as stipulated under Part II, Section 1 of this
Circular and be translated into Vietnamese. The translation should be notarized
in accordance with Vietnamese laws.
- The delivery ceremony should
be held simply but seriously at the Provincial People's Committee of the
province where the feeding institution is situated with the participation of
the following authorities:
- Representative from the
Provincial People's Committee.
- Representative from feeding
institution.
- The adoption applicant (or his
(her) legal representative.
At the ceremony, the local
Justice Department will have the adoption registered in the Family Identity
Record and filed.
b. In case the applicant does
not know specifically about the child, the Ministry of Labour, Invalids and
Social Affairs will make the choice and recommendation on the children who are
orphaned, abandoned or disabled living in the feeding institutions administered
by the Labour, Invalids and Social Affairs authorities. If the proposed child is
accepted by the applicant, the procedures will be implemented as stipulated
under Part II, Section 3, position a of this Circular.
III. IMPLEMENTATION ORGANIZATION
1. In accordance with the
functions and assignments, the Ministries of Labour, Invalids and Social
Affairs, Justice, Foreign Affairs and Interior will direct and instruct their
inferior agents on technical implementation. They shall simultaneously co-ordinate
closely with one another to execute the Temporary Regulations issued by the
Council of Ministers (now the Government) and solve all problems arising during
the course.
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3. This circular shall come into
force from the day of signing and the Circular No 06/LD-TBXH of the Ministry of
Labour, Invalids and Social Affairs issued on June 1, 1992, is hereby repealed.
4. During the course of the
implementation of this Inter-Ministerial Circular, the local functional
authorities should consult their relevant Ministry in case of problems arising.
FOR THE MINISTRY OF LABOUR, INVALIDS AND
SOCIAL AFFAIRS
VICE MINISTER
Nguyen Thi Hang
FOR THE MINISTRY OF JUSTICE
VICE MINISTER
Nguyen Ngoc Hien
FOR THE MINISTRY OF FOREIGN AFFAIRS
VICE MINISTER
Nguyen Dy Nien
FOR THE MINISTRY OF HOME AFFAIRS
VICE MINISTER
Le Minh Huong