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THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 19/CT-TTg
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Hanoi, September
20, 2013
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DIRECTIVE
ON RAISING AWARENESS
OF THE LAW ON ADOPTION AND STRENGTHENING MEASURES TO ENSURE EXECUTION OF THE
HAGUE CONVENTION NO.33 ON PROTECTION OF CHILDREN AND COOPERATION IN RESPECT OF
INTERCOUNTRY ADOPTION
In passing years, law on adoption of Vietnam has
been completed gradually. The Law on adoption was adopted by National Assembly
on June 17, 2010. Vietnam became official member of the Hague Convention No.33
dated May 29, 1993, on protection of children and cooperation in respect of
Intercountry adoption (hereinafter referred to as the Hague Convention). The
Prime Minister approved Scheme on implementing the Hague Convention during
2012-2015 at the Decision No. 1233/QD-TTg, dated September 07, 2012.
However, implementation of the Law on adoption and
Hague Convention still remains some drawbacks. The registration of adoption
does not attach special importance; there are still unserious cases in
complying with the orders of and procedures for settlement of adoption as
prescribed by law. Some localities are still late in settlement of adoption
with foreign elements, affecting to rights and benefits of children who need
find substitute family.
Main cause of the above situation is the limited
awareness of some officers in charge of solving adoption case and of people
about legal regulations on adoption and Hague convention. In many localities,
officers in charge of solving adoption case have not yet had change in
implementation of law on adoption. They have not yet timely provided guidance
on implementation of provision on having separation between humanitarian
assistance and introduction on children for being adopted by foreigners.
Nurturing-children establishments are still late in making the list of children
living in their establishments, who need have substitute family, making
dossiers of children living in nurturing establishments, who are introduced to
be adopted.
In order to overcome the above limitations, with
the aim to raise awareness of law on adoption, contribute in ensuring execution
of the Hague Convention, the Prime Minister request Ministers, chairpersons of
People’s Committees of provinces and central-affiliated cities to organize
implementation of the following tasks:
1. The Ministry of Justice:
a) To strengthen propagation, popularization of
guidelines, policies, law on adoption and the Hague Convention.
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- To assume the prime responsibility for, and
coordinate with the Ministry of Foreign Affairs, the Ministry of Public
Security, the Ministry of Labor-Invalids and Social Affairs, in formulating and
promulgating the Joint Circular on coordination regulation in monitoring
situations of developing Vietnamese children who are adopted by foreigners and
protecting children in necessary circumstances.
- To formulate and promulgate: Circular guiding on
finding substitute family for disabled children, children suffering serious
diseases; the model regulation on inter-sector coordination among local
agencies in intercountry adoption; handbook guiding implementation of the Hague
Convention in Vietnam, so as to organize implementation.
- To review the bilateral
cooperation agreements on adoption of Vietnam and countries, propose the
further implementation or termination of agreements on background when Vietnam
and countries signing agreements are members of Hague Convention.
c) To strengthen direction in solving adoption in
some provinces and cities where many children need have substitute family,
create positive changes in work of solving adoption case, contribute in
effective implementation of the Hague Convention in Vietnam.
d) To direct implementation in accordance with
regulations on informing to find domestic substitute family for children who
need have substitute family.
dd) To push up implementation of legal provisions
on having separation between humanitarian assistance for nurturing, caring,
educating children with special circumstances in Vietnam, and introduction on
children for being adopted by foreigners.
e) Expeditiously formulate the database on adoption
serving state management on adoption and requirements to implement the Hague
Convention.
g) To strengthen examination, guidance timely
implementation of law on adoption and the Hague Convention. To direct the
settlement according to law for acts misusing the adoption for self-seeking
purposes, exploiting the working capacity, sexually abusing.
2. The Ministry of Labor-Invalids and Social
Affairs:
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b) To guide, direct, examine the receipt,
management, and use of humanitarian assistance for nurturing, caring, educating
children with special circumstances.
c) To attach special importance to train and set up
contingent of officers in charge of social affairs in localities, the
establishments of nurturing children with special circumstances, aiming to push
up protection for children and support for finding substitute family for
children with special circumstances in localities.
d) To direct the nurturing-children establishments
in making list of children living in their establishments, who need have
substitute family, making dossiers of children living in nurturing
establishments, who are introduced for adoption.
3. The Ministry of Public Security:
a) To strengthen propagation of law on adoption and
Hague Convention in combination with propagation on the action program on
preventing and combating crimes on human trafficking during 2011-2015 and the
national target program on preventing and combating crimes during 2012-2015.
b) To proactively direct implementation of measures
for prevention, detection, investigation and settlement in accordance with law,
for abducting or trafficking in children.
c) To direct the Public Security agencies of
provinces and central-affiliated cities in strengthening work on verifying origin
of abandoned children who are introduced for adoption in accordance with law.
4. The Ministry of Foreign Affairs:
a) To guide the representative agencies of Vietnam
abroad in registration for adoption in accordance with law on adoption.
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5. The Ministry of Health shall direct
implementation in accordance with law on grant of birth certificates for
new-born children.
6. The Ministry of Finance shall assume the prime
responsibility for, and coordinate with the Ministry of Planning and
Investment, based on capability of annual state budget, in allocating budget in
accordance with law on state budget, for implementation of Scheme on carrying
out the Hague Convention during 2012-2015.
7. The Ministry of Planning and Investment shall
assume the prime responsibility for, and coordinate with the Ministry of Finance,
the Ministry of Justice, the Ministry of Labor-Invalid and Social Affairs and
relevant agencies in mobilizing official development assistance sources (ODA)
for programs, projects on adoption.
8. The Ministry of Information and Communication shall
direct news agents in propagating guidelines, policies, law on caring and
protecting children, law on adoption and Hague Convention.
9. The People’s Committee of provinces and central
affiliated cities:
a) To organize implementation of law on adoption
under their competence.
b) To formulate plans on training human resource,
strengthening officers in charge of children protection and care as well as
adoption in localities.
c) To equip machinery, equipment and update data on
adoption to serve for settlement of adoption.
d) To proactively inspect, examine and timely
handle violations related to adoption in localities.
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The Ministry of Justice shall monitor, examine,
urge implementation of the Directive; annually, sum up implementation of
Directive for reporting to the Prime Minister.
THE PRIME
MINISTER
Nguyen Tan Dung