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THE MINISTRY OF
JUSTICE-THE MINISTRY OF FOREIGN AFFAIRS-THE MINISTRY OF PUBLIC SECURITY-THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
03/2016/TTLT-BTP-BNG-BCA-BLDTBXH
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Hanoi, February
22, 2016
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JOINT CIRCULAR
GUIDING THE SUPERVISION OF DEVELOPMENT SITUATION OF
VIETNAMESE CHILDREN ADOPTED OVERSEAS AND PROTECTION OF CHILDREN IN NECESSARY
CASES
Pursuant to the June 17,
2010 Adoption Law;
Pursuant to the
Government’s Decree No.
19/2011/ND-CP of March 21, 2011, detailing a
number of articles of the Adoption Law;
Pursuant to the
Government’s Decree No.
22/2013/ND-CP of March 13, 2013, defining the
functions, tasks, powers and organizational structure of the Ministry of
Justice;
Pursuant to the
Government's Decree No. 58/2013/ND-CP of June 11, 2013, defining the functions,
tasks, powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to the Government’s
Decree No. 106/2014/ND-CP of November 17, 2014, defining the functions, tasks, powers
and organizational structure of the Ministry of Public Security;
Pursuant to the
Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the
functions, tasks, powers and organizational structure of the Ministry of Labor,
War Invalids and Social Affairs;
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Chapter
I
GENERAL
PROVISIONS
Article
1. Scope of regulation
This Joint Circular
guides the supervision of the development situation of Vietnamese children
adopted overseas and protection of children in necessary cases; and prescribes
responsibilities of related organizations and competent agencies.
Article
2. Subjects of application
This Joint Circular
applies to:
1. The Ministry of
Justice, the Ministry of Foreign Affairs, the Ministry of Public Security, the
Ministry of Labor, War Invalids and Social Affairs, provincial-level Justice
Departments, Public Security Departments and Labor, War Invalids and Social
Affairs Departments, and overseas Vietnamese representative agencies.
2. Adopted children
overseas and adoptive parents, natural parents and guardians of children
adopted overseas, nurturing establishment where children live before they are adopted
and foreign adoption organizations licensed to operate in Vietnam.
3. Other related agencies
and organizations.
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1. Keeping confidential
private information of children.
2. For the best interests
of children.
3. Compliance with
Vietnam’s law, laws of countries where children reside and treaties to which
Vietnam and countries of residence of children are contracting parties.
Chapter
II
SUPERVISION
OF DEVELOPMENT SITUATION OF VIETNAMESE CHILDREN ADOPTED OVERSEAS
Article
4. Notification of development situation
of children
1. Adoptive parents shall
notify by post, fax or email the development situation of their adopted
children to the Ministry of Justice and overseas Vietnamese representative
missions in accordance with the Adoption Law.
The notice shall be made
according to form TP/CN-2014/CNNNg.07 promulgated together with the Justice
Ministry’s Circular No. 24/2014/TT-BTP of December 29, 2014, amending and
supplementing a number of articles of the Justice Ministry’s Circular No.
12/2011/TT-BTP of June 27, 2011, promulgating and guiding the record, storage
and use of forms of adoption.
2. Adoptive parents may
notify the development situation of children as prescribed in Clause 1 of this
Article directly or with the assistance of foreign adoption organizations.
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Article
5. Urging the notification of development
situation of Vietnamese children adopted overseas
On the basis of the
decision on intercountry adoption of a child and the record of handover and
receipt of the child, if finding the adoptive parents fail to periodically
notify the development situation of the child, the Ministry of Justice shall
request the concerned foreign adoption organization or the central intercountry
adoption agency of the country receiving the adopted child to urge the adoptive
parents to notify the development situation of the child.
Article
6. Collection and preservation of reports
on development situation of children
1. The Ministry of
Justice shall collect, monitor, summarize and preserve reports to serve the
supervision of development situation of children.
2. Overseas Vietnamese
representative missions shall preserve reports on the development situation of
children in order to protect children in necessary cases.
Article
7. Assessment reports on development
situation of children adopted overseas
1. On the basis of
information on the development situation of children provided by adoptive
parents and summary reports on the development situation of children submitted
by foreign adoption organizations, the Ministry of Justice shall annually make
and send an assessment report on the development situation of children adopted
overseas to the Ministry of Foreign Affairs, the Ministry of Public Security,
the Ministry of Labor, War Invalids and Social Affairs and provincial-level
Justice Departments and Labor, War Invalids and Social Affairs Departments
which have settled the intercountry adoption.
2. A report must contain
statistics of children adopted overseas in the year, the status of health,
physical strength and spirit of adopted children and their integration with
adoptive parents, families and communities, and propose measures to increase
the supervision of the development situation of Vietnamese children adopted
overseas.
Article
8. Provision of information on development
situation of children
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2. The provision and use
of provided information must adhere to the principles prescribed in Clauses 1
and 2, Article 3 of this Joint Circular.
Article
9. Support for adopted children to inquire
into their origin
1. An adoptive parent or
adopted child who wishes to inquire into information about the adopted child’s
origin may go to the Ministry of Justice or send a request to the Ministry of
Justice by post, fax or email or through a foreign adoption organization or the
central intercountry adoption agency of the country where the adopted child
resides.
2. When having full
information on an adopted child’s origin, the Ministry of Justice shall provide
information as requested within 15 days.
3. When needing more
information, the Ministry of Justice shall request the provincial- level
Justice Department which has settled the intercountry adoption to verify and
supplement information within 15 days. Within 15 days after receiving the
provincial-level Justice Departments verification results, the Ministry of
Justice shall provide information as requested.
Chapter
III
PROTECTION
OF VIETNAMESE CHILDREN ADOPTED OVERSEAS IN NECESSARY CASES
Article
10. Notification of decisions on
intercountry adoption of Vietnamese children
After receiving a
decision on intercountry adoption of a Vietnamese child, the Ministry of
Justice shall email a fax or scanned copy of this decision to the overseas
Vietnamese representative mission for monitoring and protection of the child in
necessary cases, and concurrently notify the Ministry of Foreign Affairs for
coordination.
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A Vietnamese child
adopted overseas shall be protected when he/she is abused, maltreated,
mistreated, neglected or taken advantage of or has his/her labor exploited or
faces an infringement upon child rights.
Article
12. Receipt and verification of
information and reports on children in need of protection
1. The Ministry of
Justice and overseas Vietnamese representative missions shall receive information
and reports on, and notify one another of, Vietnamese children adopted overseas
in need of protection in the cases prescribed in Article 11 of this Joint
Circular.
2. Upon receiving
information or reports on a child, the Ministry of Justice shall contact the
central intercountry adoption agency of the country of adoption and the
overseas Vietnamese representative mission shall contact and request the
competent agency of the host country to provide truthful information on the
specific status of this child.
3. In a special case, the
Ministry of Justice and competent agencies shall conduct field verification of
information or reports on the specific status of a Vietnamese child adopted
overseas who needs protection.
Article
13. Protection of children in necessary
cases
1. After receiving the
Ministry of Justice’s notice or when obtaining truthful information on a child
in need of protection, the overseas Vietnamese representative mission shall
contact, meet and visit the child and request a competent agency of the host
country to take necessary measures to protect his/her interests in accordance
with Vietnam’s law, the law of the country of adoption and the treaty to which
Vietnam and the country of adoption are contracting parties. The overseas Vietnamese
representative mission shall promptly notify the situation to the Ministry of
Justice.
2. On the basis of the
information acquired under Clause 1 of this Article, the Ministry of Justice
shall contact the central intercountry adoption agency of the country of
adoption for taking appropriate measures, including arranging substitute care,
for the child in accordance with Vietnam’s law, the law of the country of
adoption and the treaty to which Vietnam and the country of adoption are
contracting parties.
Article
14. Settlement of return of children
adopted overseas to Vietnam
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2. When bringing back a
child to Vietnam as prescribed in Clause 1 of this Article, the Ministry of
Justice shall coordinate with the central intercountry adoption agency of the
country of adoption in settling legal issues to guarantee the child’s
legitimate rights and interests in accordance with Vietnam’s law, the law of
the country of adoption and the treaty to Vietnam and the country of adoption
are contracting parties.
3. The Ministry of Public
Security shall create all necessary conditions for children adopted overseas
returning to Vietnam to register permanent residence in accordance with law.
4. The Ministry of Labor,
War Invalids and Social Affairs shall direct provincial-level Labor, War
Invalids and Social Affairs Departments to receive and create conditions for
Vietnamese children adopted overseas returning to Vietnam to access child
protection and care services.
Article
15. Receipt, care and nurturing of children
adopted overseas returning to Vietnam
The provincial-level
Labor, War Invalids and Social Affairs Department of the locality where a child
resides before being adopted shall receive back and arrange the care for and
nurturing of the child at a local nurturing establishment.
Chapter
IV
ORGANIZATION
OF IMPLEMENTATION
Article
16. Responsibilities of the Ministry of
Justice
1. To assign the
Department of Adoption to take charge of monitoring and examining the
development situation of children adopted overseas and perform the Ministry of
Justice’s tasks prescribed in this Joint Circular.
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3. To coordinate with the
Ministry of Foreign Affairs in cases requiring protection of children
prescribed in Article 11 of this Joint Circular.
4. To coordinate with the
Ministry of Public Security in supporting the registration of permanent
residence for children adopted overseas returning to Vietnam as prescribed in
Clause 3, Article 14 of this Joint Circular.
5. To coordinate with the
Ministry of Labor, War Invalids and Social Affairs in performing the tasks
prescribed in Clause 4, Article 14 of this Joint Circular.
6. To direct
provincial-level Justice Departments in performing the tasks assigned under
this Joint Circular.
7. To request foreign
adoption organizations to perform the tasks assigned under this Joint Circular.
Article
17. Responsibilities of the Ministry of
Foreign Affairs
1. To Coordinate with the
Ministry of Justice and direct overseas Vietnamese representative missions in
taking necessary measures to protect children adopted overseas.
2. To coordinate with the
Ministry of Justice in performing the tasks prescribed in Clause 2, Article 16
of this Joint Circular in order to work out measures to enhance the protection
of Vietnamese children adopted overseas.
Article
18. Responsibilities of the Ministry of
Public Security
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2. To perform the task
prescribed in Clause 3, Article 14 of this Joint Circular.
3. To coordinate with
related ministries and sectors in performing the tasks prescribed in this Joint
Circular regarding contents within the functions, tasks and powers of the
public security sector.
Article
19. Responsibilities of the Ministry of
Labor, War Invalids and Social Affairs
1. To coordinate with the
Ministry of Justice in performing the tasks prescribed in this Joint Circular.
2. To direct
provincial-level Labor, War Invalids and Social Affairs Departments in
receiving and arranging the care for and nurturing of Vietnamese children adopted
overseas returning to Vietnam as prescribed in Article 15 of this Joint Circular.
Article
20. Responsibilities of provincial-level
Justice Departments
1. To verify information
on the origin of adopted children in accordance with Clause 3, Article 9 of
this Joint Circular.
2. To coordinate with
provincial-level Labor, War Invalids and Social Affairs Departments in
arranging the receipt, care for and nurturing of children adopted overseas
returning to Vietnam as prescribed in Article 15 of this Joint Circular.
Article
21. Responsibilities of overseas
Vietnamese representative missions
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2. To promptly provide
and notify information on children in need of protection and proactively take
necessary protection measures.
Article
22. Effect
1. This Joint Circular takes
effect on April 6, 2016.
2. Any problems arising
in the course of implementation should be reported to the Ministry of Justice
for consideration and settlement in coordination with the Ministry of Foreign
Affairs, the Ministry of Public Security and the Ministry of Labor, War
Invalids and Social Affairs.-
FOR THE MINISTER OF JUSTICE
DEPUTY MINISTER
Nguyen Khanh Ngoc
FOR THE MINISTER OF PUBLIC SECURITY
DEPUTY MINISTER
Senior Lieutenant General
Bui Van Nam
FOR THE MINISTER OF FOREIGN AFFAIRS
DEPUTY MINISTER
Vu Hong Nam
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