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MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 11/2021/TT-BTP
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Hanoi, December 28, 2021
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CIRCULAR
AMENDMENTS TO CIRCULAR NO. 21/2011/TT-BTP DATED NOVEMBER
21, 2011 OF THE MINISTER OF JUSTICE ON THE MANAGEMENT OF FOREIGN ADOPTION
OFFICES IN VIETNAM
Pursuant to the Law on
Adoption dated June 17, 2010;
Pursuant to Decree No.
19/2011/ND-CP dated March 21, 2011 of the Government on providing in detail for
implementation of a number of articles of the Law on Adoption; Decree No.
24/2019/ND-CP dated March 5, 2019 of the Government on Amendments to Decree No.
19/2011/ND-CP dated March 21, 2011 of the Government on providing in detail for
implementation of a number of articles of the Law on Adoption;
Pursuant to Decree No.
96/2017/ND-CP dated August 16, 2017 of the Government on functions, duties,
entitlements, and organizational structure of the Ministry of Justice;
At the request of the
Director of the Department of Adoption;
The Minister of
Justice promulgates the Circular on Amendments to Circular No. 21/2011/TT-BTP
dated November 21, 2011 of the Minister of Justice on the management of foreign
adoption offices in Vietnam.
Article 1. Amendments
to Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Minister of
Justice on the management of foreign adoption offices in Vietnam
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“d) Sending photos,
reports on the child, full information, and detailed health documents of the
child settled for foreign adoption to the adopting person or the competent
foreign agency after obtaining written permissions of the Department of Adoption;
dd) Providing Support for
additional or intensive physical examination, medical examination, treatment,
and care for the child settled for foreign adoption according to the request of
the adopting person; providing support of psychological preparation, language
for the child settled for foreign adoption;
m) Requesting for the
certificate of adoption in accordance with regulations prescribed in Article 38
of the Law on Adoption.
3. If a foreign adoption organization has its license in
Vietnam revoked in accordance with regulations prescribed in Clause 3 Article
43 of the Law on Adoption, the Department of Adoption shall discuss measures to
assist in the completion of documents sent to the Ministry of Justice with the
competent foreign agency.”.
2. Amendments to Clause 2 Article 9
are as follows:
“2. Based on reports of
adoptive parents, foreign adoption offices shall send the Department of
Adoption reports on development of Vietnamese children adopted overseas in
accordance with regulations prescribed in Point g Clause 2 Article 43 of the
Law on Adoption.”.
3. Amendments to Clause 1 Article
10; Clause 3 Article 10 is added as follows:
“1. Foreign adoption
offices are responsible for sending the 6-month report and annual report to the
Department of Adoption on their performance of operation according to the
report on the performance of operations of foreign adoption offices in Vietnam
form promulgated with Circular No. 10/2020/TT-BTP dated December 28, 2020 of
the Minister of Justice on guidelines for recording, using, managing, and
storing notebooks, paper forms, and adoption documents.
3. Foreign adoption offices shall send written reports or
digital reports in the form of pdf files in accordance with regulations
prescribed in Clause 1 of this Article.
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“Article 10a.
Make, manage, use, and preserve notebooks, forms
1. A foreign adoption office in Vietnam shall make, manage,
and use types of notebooks, forms.
2. The head of the foreign adoption office in Vietnam shall
use, manage types of notebooks, forms; preserve documents arising during the
operation; annually make statistics and archival records; conduct technical
measures to protect, preserve the archive and ensure the use of it.”.
5. Point g Clause 1 Article 12 is
added as follows:
“g) The performance of
the making, managing, and using notebooks and forms.”.
Article 2. Replace,
annul a number of phrases, points, and articles of Circular No. 21/2011/TT-BTP
dated November 21, 2011 of the Minister of Justice on the management of foreign
adoption offices in Vietnam
1. Replace the phrase “được giới
thiệu” (introduced) in Point e and “đã được giới thiệu làm con nuôi” (introduced
for adoption) in Point i Clause 1 Article 6 with “được giải quyết cho làm con
nuôi nước ngoài” (settled for foreign adoption).
2. Replace the “.” at the end of
the sentence in Point 1 Clause 1 Article 6 and Point e Clause 1 Article 12 with
";".
3. Annul the phrase “Hạn báo cáo
được tính như sau:” in Clause 1 Article 9.
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5. Annul the phrase “gửi Tổng hợp”
in Clause 3 Article 9.
6. Annul Article 7.
Article 3.
Implementation provisions
This Circular comes into
force as of February 11, 2022.
PP. MINISTER
DEPUTY MINISTER
Nguyen Khanh Ngoc