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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 24/2019/ND-CP
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Hanoi, March 5,
2019
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DECREE
AMENDMENTS
AND SUPPLEMENTS TO GOVERNMENT’S DECREE NO. 19/2011/ND-CP DATED MARCH 21, 2011, ELABORATING
ON CERTAIN ARTICLES OF THE LAW ON CHILD ADOPTION
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Child Adoption dated June
17, 2010;
Upon the request of the Minister of Justice;
The Government hereby promulgates the Decree on
amendments and supplements to the Government’s Decree No. 19/2011/ND-CP dated
March 21, 2011, elaborating on implementation of certain Articles of the Law on
Child Adoption.
Article 1. Amendments and
supplements to the Government’s Decree No. 19/2011/ND-CP dated March 21, 2011,
elaborating on certain Articles of the Law on Child Adoption
1. Clause 1 of Article 2 shall be amended as
follows:
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2. Clause 1 of Article 3 shall be amended and
supplemented as follows:
“1. Children with disabilities or those having
dangerous and fatal diseases may be adopted nominally under provisions laid
down in point d of clause 2 of Article 28 in the Law on Child Adoption,
including children with cleft lip and cleft palate, children losing vision in
one or two eyes; deaf or dumb children; children with limb deformities;
children with missing fingers, hands, foot (feet) or toes; children infected
with HIV; children with heart diseases; children with imperforate anus or
without sexual organs; children with blood diseases; children with other
disabilities or fatal diseases, all of whom need acute or lifelong care
treatment.”
3. Article 4 shall be amended and supplemented as
follows:
“Article 4. Grant, reception, management and use
of humanitarian aids at childcare centers
Grant, reception, management and use of
humanitarian aids for the purposes of nurturing, care, parenting and education
of children and enhancement of competencies of child caretakers at childcare
centers shall be subject to Article 7 in the Law on Child Adoption, legislation
on reception, management and use of aids and grants for public and non-public
childcare centers, and the following specific regulations:
1. Foreign and domestic organizations and
individuals must give humanitarian aids through programs, projects, or
non-project assistance or grants to the Child Protection Fund.
2. In case of granting humanitarian assistance, individuals
and organizations shall not be entitled to request childcare centers to give
children up for adoption; childcare centers shall be prohibited from making
commitments to giving children up for adoption by reason of getting
humanitarian assistance.
In case individuals and organizations provide cash
aids, they must transfer them through accounts held by childcare centers.
3. Upon granting and receiving humanitarian aids,
in addition to compliance with provisions laid down in clause 1 and clause 2 of
this Article, foreign adoptive parents, adopted children organizations licensed
in Vietnam and childcare centers shall assume the following responsibilities:
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b) Foreign adopted children organizations shall
have to send the Child Adoption Department of the Ministry of Justice
(hereinafter referred to Child Adoption Department) biannual, annual or
on-demand reports on humanitarian aids of adoptive parents and organizations
involved;
c) On a biannual and annual basis or upon request,
childcare centers shall have to report on the reception, use and management of
humanitarian aids under laws and report to the Child Adoption Department on the
reception, management and use of humanitarian aids from adoptive parents and
foreign adopted children organizations licensed in Vietnam.”
4. Article 6 shall be amended and supplemented as
follows:
“Article 6. Review and seeking of persons eligible
to adopt
1. In case of abandoned children, orphans whose
parents are both dead and helpless children are temporarily nurtured or
fostered as prescribed by laws, the commune-level People’s Committees shall, on
a monthly basis, examine and assess whether these children need to be adopted.
If Vietnamese residents apply for adoption, the commune-level People's
Committees shall consider issuing their decisions or give instructions about
adoption according to law provisions.
2. In case of admitting abandoned children, orphans
whose parents are both dead or helpless children in childcare centers,
childcare centers must evaluate whether they need to be adopted. If Vietnamese
residents wish to adopt children, they may request childcare centers to give
one set of child dossiers to register their adoption.
If there are none of Vietnamese residents applying
for adoption, childcare centers shall compile a child dossier, including papers
and documents prescribed at point a and b of clause 1 of Article 32 in the Law
on Child Adoption, and shall then consult with the supervisory entities. Within
05 working days of receipt of all required dossiers, supervisory entities shall
address their opinions to the Department of Justice, enclosing child dossiers,
in order to issue the notice of seeking of eligible adopters.
3. Seeking of persons eligible to adopt children
shall be subject to the following provisions:
a) Upon receipt of child dossiers as prescribed in
clause 2 of this Article, if Vietnamese residents raise their demand for
adoption under the provisions of Article 16 in the Law on Child Adoption, the
Department of Justice shall have to give each applicant adopter a set of child
dossier and introduce him/her to the commune-level People’s Committee of the
locality where a childcare center is based to seek its decision in accordance
with laws;
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As regards children referred to in clause 1 of
Article 3 herein, the Department of Justice shall confirm whether they are
eligible to be adopted and send the Child Adoption Department one set of child
dossier, enclosing papers and documents prescribed in point a and b of clause 1
of Article 32 in the Law on Child Adoption and clause 3 of Article 16 herein,
in order to seek nominal adopters eligible to foster and take care of adopted
children.”
5. Clause 2 and clause 3 of Article 10 shall be
amended and supplemented as follows:
“2. Based on the certificate of adoption, upon the
request of the adoptive parents and by consent from adopted children aged 9 or
older, civil registration agencies shall have competence in changing the last
name, middle name and first name of an adoptee under civil laws and civil
status legislation.
3. The supplementation and revision of information
about the adoptive parents in certificates of birth of adoptees shall be
subject to laws on civil status.”
6. Clause 2 shall be amended and clause 3 shall be
added to Article 14 as follows:
“2. In order to adopt children via introduction
procedures, the following documents must be submitted:
a) Written document of the Department of Justice,
enclosing papers and documents, stating the notice of seeking of foster
families for children as per point c of clause 2 of Article 15 in the Law on
Child Adoption has already been issued;
b) Written document of the Child Adoption Department
confirming that, upon expiration of the duration of such notice as per point d
of clause 2 of Article 15 in the Law on Child Adoption, there are none of
Vietnamese residents adopt children.
3. At the adoption ceremony, the Department of
Justice shall give the adoptive parent one set of child dossier, including
papers specified in clause 1 of Article 32 in the Law on Child Adoption and
written opinions from the real parents or guardians and opinions from children
aged nine years or older on agreeing to allow these children to be adopted; in
case children are living in childcare centers, there must be written opinions
from the directors about such adoption.”
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“1. Before confirming that a child is eligible to
be adopted abroad as stipulated in clause 2 of Article 33 in the Law on Child
Adoption, the Department of Justice shall verify and assess child dossiers and
collate them with regulations on eligibility and age of adopted children in
case they are adopted nominally, or in case they are adopted through
introduction procedures.
In case an abandoned child is adopted abroad, the
written document stating verification and clear conclusion of origin of that
abandoned child, and confirming his/her real parents are not identified, must
be presented.
In case information about the real parents of an
abandoned child is verified by the provincial Police and the Department of
Justice contacts his/her real parents, the Department of Justice shall proceed
to collect opinions from these real parents before confirming that they are
eligible to be adopted.
In case where it is impossible to contact the real
parents, the Department of Justice shall have to post a notice at its office
for a period of 60 days of receipt of verification results and concurrently
send a request to the commune-level People’s Committee at the latest residence
of the real parents for posting of a notice of placement of such child for
adoption at its office. The duration for posting of such notice shall be 60
days from the date on which the commune-level People’s Committee receives the
written request from the Department of Justice.
2. The confirmation that a child is eligible to be
adopted must strictly conform to the requirements concerning legal child age
and persons eligible to adopt nominally and persons eligible to adopt through
introduction procedures; the adoption dossier must fully include valid
documents.
In case where a child is eligible to be adopted,
the Department of Justice must give the written confirmation in particular
cases.
3. After confirming that a child is eligible to be
adopted abroad, the Department of Justice shall send the Child Adoption
Department the written confirmation that the child is eligible to be adopted, the
verification document of the provincial Police in case of an abandoned child,
the document stating opinions from the real parents or guardians and opinions
from the child aged nine years or older on the consent to adoption; in case a
child is living in childcare centers, there must be the written document
stating opinions from their directors about such adoption.”
8. Clause 3 of Article 20 shall be amended and
supplemented as follows:
“3. Upon carrying out the inspection of results of
processing of applications for adoption as prescribed in clause 2 of Article 28
and clause 2 of Article 36 in the Law on Child Adoption, the Child Adoption
Department may consult with experts in the psychology, healthcare, family and
society sector. If a child is eligible to be adopted abroad, and the decision
on approval of adoption of the child is made according to the legally required
processes and procedures and meets the best interests of the child, then Child
Adoption Department shall send the written notification to the adopter and
involved centrally-affiliated agencies for foreign child adoption, enclosing
the report on assessing that the child is eligible to be adopted abroad, the
written document stating opinions from the real parents or guardian and
opinions from the child aged 9 years or older about the consent to such
adoption; in case of the child living at childcare centers, it shall be
mandatory to consult with Directors of childcare centers on child adoption. In
case where a child is not eligible to be adopted, and the decision on adoption
of the child is not made according to the prescribed processes and procedures,
and does not meet the best interests of that child, then the Child Adoption
Department shall have to inform the Department of Justice.”
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“Article 30. Recording of processed adoption
applications into the adoption register at overseas competent authorities
1. If the adoption between Vietnamese citizens or
between Vietnamese citizens and foreigners has been handled at foreign
competent authorities, such adoption shall be recorded into the adoption
register in the following cases:
a) The adoption has been handled according to
provisions laid down in international treaties of which Vietnam and the country
where the adoption is handled are members;
b) The adoption has been handled under laws of the
host country, except in case such adoption is in breach of fundamental
principles defined in the Law of the Socialist Republic of Vietnam.
2. Authority and procedures for recording of
handled adoptions in the adoption register at the foreign competent authority
shall be subject laws on civil status.
If the adoption is handled as per point a of clause
1 of this Article, in addition to papers prescribed in clause 1 of Article 49
in the Law on Civil Status, the application documentation for such adoption
must include the written document certifying that the adoption is carried out
in conformity with international treaties by the foreign competent authority.
3. The Child Adoption Department must publish the
list of countries having relations with Vietnam in accordance with
international treaties on child adoption on the Information Portal of the
Ministry of Justice.”
Article 2. Replacement and
repeal of certain provisions enshrined in the Government’s Decree No.
19/2011/ND-CP dated March 21, 2011, elaborating on certain Articles of the Law
on Child Adoption
1. Replacing the phrase “recognition of adoptions
already registered with foreign competent authorities" by “recording
adoptions handled at foreign competent authorities into the adoption register”
in clause 2 of Article 1 and Section 6 in the Chapter II.
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3. Repealing clause 3 of Article 3, Article 11,
point dd and e of clause 1 of Article 31.
Article 3. Implementation
responsibilities
Ministers, Heads of Ministry-level agencies, Heads of
Governmental bodies, Chairpersons of People’s Committees of provinces and
centrally-affiliated cities, other organizations and individuals involved shall
be responsible for implementing this Decree./.
Article 4. Entry into force
This Decree shall take effect on April 25, 2019./.
PP. GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc