THE
NATIONAL ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
No.
52/2010/QH12
|
Hanoi,
June 17, 2010
|
LAW
ON ADOPTION
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Adoption.
Chapter 1
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Law provides the principles
and conditions for adoption; competence, order and procedures for settling
adoptions; rights and obligations of adoptive parents, adopted children and
natural parents; and responsibilities of agencies and organizations in
adoption.
Article 2.
Purposes of adoption
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 3.
Interpretation of terms
In this Law. the terms below are
construed as follows:
1. Adoption means the
establishment of parent and child relationships between the adopting and
adopted persons.
2. Adoptive parent means the
person who adopts another after the adoption is registered by a competent state
agency.
3. Adopted person means the
person who is adopted after the adoption is registered by a competent state
agency.
4. Domestic adoption means the
adoption between Vietnamese citizens permanently residing in Vietnam.
5. Intercountry adoption means
the adoption between a Vietnamese citizen and a foreigner, between foreigners
permanently residing in Vietnam, and between Vietnamese citizens either of whom
settles abroad.
6. Orphan means a child whose
parents are dead or whose parent is dead while the other is unidentifiable.
7. Abandoned child means a child
whose natural parents are unidentifiable.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
9. Substitute family means the
family that adopts a child.
10. Nurturing center means a
social relief establishment, a child support establishment or another
establishment established under Vietnamese law to nurture, care for and educate
children.
Article 4.
Principles of settlement of adoptions
1. When settling adoptions, the
right of children to live in the family of origin must be respected.
2. Adoption must ensure the
legitimate rights and interests of adopted and adopting persons, free consent,
equality, non-discrimination between male and female and non-violation of law
and social ethics.
3. Adoption by a person living
abroad is allowed only when no domestic substitute family can be found.
Article 5.
Order of priority in the selection of substitute families
1. The order of priority in the
selection of substitute families is as follows:
a/ Step father, step mother,
natural aunt or uncle of the adopted person;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Foreigners permanently
residing in Vietnam;
d/ Vietnamese citizens settling
abroad;
e/ Foreigners permanently
residing abroad.
2. In case more than one person
of the same priority rank seek to adopt a person, adoption shall be considered
and settled for the person with the best nurturing, care and education
conditions.
Article 6.
Protection of the right to adopt and the right to be adopted
The State protects the right to
adopt and the right to be adopted in accordance with this Law and relevant
laws.
Article 7.
Encouragement of humanitarian assistance for the care for children in disadvantaged
circumstances
The State encourages
organizations and individuals to provide humanitarian assistance for the
nurture, care for and education of children in disadvantaged circumstances.
Humanitarian assistance must not affect adoption.
The Government shall stipulate
the receipt, management and use of humanitarian assistance referred to in this
Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Children under 16 years.
2. Persons aged between full 16
years and under 18 years falling into either of the following cases:
a/ To be adopted by the step
father or step mother;
b/ To be adopted by a natural
aunt or uncle.
3. A person may be adopted by
only one single
person or two persons being husband and wife.
4. The State encourages adoption
of orphans, abandoned children and children in other disadvantaged
circumstances.
Article 9.
Competence to register adoptions
1. People's Committees of
communes, wards or townships (below collectively referred to as commune-level
People's Committees) in which the persons introduced for adoption or adopting
persons permanently reside are competent to register domestic adoptions.
2. People's Committees of
provinces or centrally run cities (below collectively referred to as
provincial-level People's Committees) in which the persons introduced for
adoption permanently reside are competent to decide on intercountry adoptions:
provincial-level Justice Departments are competent to register intercountry
adoptions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 10.
Competence to settle requests for termination of adoption
People's Courts are competent to
settle requests for termination of adoption in accordance with the law on civil
procedures.
Article 11.
Assurance of the right to know one's origin
1. Adopted persons have the
right to know their origin. Nobody is allowed to obstruct an adopted person
from knowing his/her origin.
2. The State encourages and
creates conditions for adopted persons being Vietnamese living abroad to visit
their native places.
Article 12.
Fee for adoption registration, expenses for settlement of intercountry
adoptions
1. Adopting persons shall pay an
adoption registration fee.
2. In addition to the adoption
registration fee referred to in Clause 1 of this Article, a foreigner not
permanently residing in Vietnam and seek to adopt a child in Vietnam shall pay
a sum of money to partly offset expenses for settling intercountry adoptions,
including expenses for nurturing, caring for and educating the child from the
time of introduction for adoption to the time of completion of procedures for
the child's delivery and receipt, verifying the origin of the introduced child,
delivering and receiving the child and reasonable remuneration for the
nurturing center's employees.
3. The Government shall specify
the competence to collect the adoption registration fee. its rates and its
exemption and reduction, management and use, and expenses for settling intercountry
adoptions under Clauses 1 and 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 13.
Prohibited acts
1. Taking advantage of adoption
for self-seeking purposes, exploiting the working capacity, sexually abusing,
abducting or trafficking in children.
2. Forging papers for adoption
settlement.
3. Discriminating between
natural and adopted children.
4. Taking advantage of adoption
to violate the population law.
5. Abusing the adoption by war
invalids, persons with meritorious services to the revolution or ethnic
minority persons to enjoy state incentives.
6. Grandparents adopting their
grandchildren or siblings adopting one another.
7. Taking advantage of adoption
to act against the law or fine national customs, practices, ethics or cultural
traditions.
Chapter II
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 14.
Conditions on adopting persons
1. An adopting person must fully
meet the following conditions:
a/ Having full civil act
capacity;
b/ Being 20 years or more older
than the adopted person;
c/ Having health, financial and
accommodation conditions for assuring the care for and nurture and education of
the adopted child.
d/ Having good ethical
qualities.
2. The following persons may not
adopt a child:
a/ Having some of the parental
rights over a minor child restricted:
b/ Currently serving an
administrative handling decision at an educational institution or medical
treatment establishment;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ Having a criminal record of
commission of any of the crimes: intentionally infringing upon another's life,
health, dignity and honor; maltreating or persecuting one's grandparents,
parents, spouse, children, grandchildren or caretaker; enticing or compelling a
minor to violate the law or harboring a minor violator; trafficking in. fraudulently
swapping or appropriating children, which has not been remitted yet.
3. In case the step father or
step mother adopts a step child or a natural aunt or uncle adopts a nephew or
cousin. Points b and c of this Article will not apply.
Article 15.
Responsibility to find substitute families for children
1. In case a child cannot be
nurtured in the origin family environment, a concerned agency, organization or
individual shall find a substitute family for the child.
2. The finding of a substitute
family for a child is stipulated as follows:
a/ For an abandoned child, the
People's Committee of the commune in which the child is found shall find a
person or an organization to temporarily nurture the child: if a person seeks
to adopt the child, the People's Committee of the commune in which the child is
found shall consider and settle the adoption under law; if nobody seeks to
adopt the child, the commune-level People's Committee shall compile a dossier
for sending him/her to a nurturing center;
b/ For an orphan who has no
caretaker or a child who has natural parents and relatives who, however, are
incapable of nurturing the child, the guardian, natural parents or relatives
shall report this to the commune-level People's Committee of the place in which
the child permanently resides for finding a substitute family for the child.
The concerned commune-level People's Committee shall support the child's
nurturing and post up at its head office for 60 days an announcement to find a
person to adopt the child; if a person in the country seeks to adopt the child,
the commune-level People's Committee shall consider and settle the adoption.
Past the time limit of posting up the announcement, if nobody in the country
seeks to adopt the child, the commune-level People's Committee shall compile a
dossier for sending him/her to a nurturing center;
c/ In case a nurturing center
has children in need of a substitute family, it shall make a list thereof and
send it to the provincial-level Justice Department, which shall announce it for
3 consecutive times in the province's print newspaper or other mass media.
Within 60 days from the date of
announcement, if a person in the country seeks to adopt the child, he/she shall
contact the commune-level People's Committee of the place in which the child
permanently resides for consideration and settlement: once the adoption has
been completed, the commune-level People's Committee shall report it to the
provincial-level Justice Department for deletion of the name of the child in
the list of children in need of substitute families.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ The Ministry of Justice shall
announce the finding of persons in the country seeking to adopt children on its
website.
Within 60 days from the date of
announcement, if a person in the country seeks to adopt a child, he/she shall
contact the commune-level People's Committee of the place in which the child
permanently resides for consideration and settlement; once the adoption has
been completed, the commune-level People's Committee shall report it to the
Ministry of Justice for deletion of the name of the child in the list of
children in need of substitute families.
Past 60 days from the date of
announcement, if nobody in the country seeks to adopt the child, the Ministry
of Justice shall notify such to the provincial-level Justice Department.
Article 16.
Registration of adoption needs
Vietnamese citizens who seek and
are eligible to adopt a child under this Law but cannot find a child yet for
adoption shall register their adoption needs with the provincial-level Justice
Departments of the places in which they permanently reside; if having a child
for adoption, the provincial-level Justice Department shall introduce the
prospective adoptive person to the commune-level People's Committee of the
place in which the child permanently resides for consideration and settlement.
Article 17.
Dossiers of adopting persons A dossier of an adopting person comprises:
1. A written request for
adoption;
2. A copy of the passport or
identity card or a valid substitute paper;
3. The judicial record sheet;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. A health certificate granted
by a district-or higher-level health agency; a written certification of family
circumstances and housing and economic conditions granted by the commune-level
People's Committee of the place in which the adopting person permanently
resides, except for the case specified in Clause 3, Article 14 of this Law.
Article 18.
Dossiers of persons introduced for domestic adoption
1. A dossier of a person
introduced for domestic adoption comprises:
a/ The birth certificate;
b/ A health certificate granted
by a district-or higher-level health agency;
c/ Two photos of the whole body
looking straight, taken within the past 6 months;
d/ A record of certification
made by the commune-level People's Committee or police of the place in which
the child is abandoned, for abandoned children; the death certificate of the
natural parent(s) or a court decision declaring the natural parent(s) of the
child is (are) dead, for orphans; a court decision declaring the natural
parent(s) of the person introduced for adoption is (are) missing, for persons
introduced for adoption whose parent(s) is (are) missing; a court decision
declaring the natural parent(s) of the person introduced for adoption have lost
civil act capacity, for persons introduced for adoption whose parent(s) has
(have) lost civil act capacity;
e/ The receipt decision, for
children in a nurturing center.
2. The natural parents or
guardians shall compile dossiers of persons introduced for adoption who
currently live with their families; nurturing centers shall compile dossiers of
children introduced for adoption who currently live in such centers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The adopting person shall
submit his/her dossier and the dossier of the person introduced for adoption to
the commune-level People's Committee of the place in which the person
introduced for adoption or the adopting person permanently resides.
2. The time limit for settling
an adoption is 30 days counting from the time the commune-level People's
Committee receives a complete and valid dossier.
Article 20.
Examination of dossiers, consultation of related persons
Within 10 days from the time of
receiving complete and valid dossiers, the commune-level People's Committee
shall examine them and complete the consultation of persons referred to in
Article 21 of this Law.
Consultation shall be recorded
in a document bearing the signature or fingerprint of the consulted person.
Article 21.
Consent to adoption
1. Adoption must be consented to
by the natural parents of the person to be adopted; if a natural parent is dead
or missing or has lost civil act capacity or is unidentifiable, consent of the other
must be obtained; if both natural parents are dead or missing or have lost
civil act capacity or are unidentifiable, consent of the guardian must be
obtained; for adopting a child aged full 9 years or older, his/her consent must
be also obtained.
2. A person consenting to an
adoption referred to in Clause 1 of this Article must be fully counseled by the
commune-level People's Committee that has received the dossier on the adoption
purpose; the rights and obligations between the adoptive parents and adopted
child: and the rights and obligations between the natural parents and child
after the child has been adopted.
3. Consent must be completely
voluntary and honest, must not be compelled, intimidated or bribed and must not
pursue personal profits and be accompanied by a request for a sum of money or
other material benefits.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 22.
Registration of adoption
1. When seeing that the adopting
persons and the person introduced for adoption are eligible under this Law. the
commune-level People's Committee shall organize the adoption registration, hand
the adoption certificates to the adoptive parents, the natural parents or the
guardian or a representative of the nurturing center, organize the delivery and
receipt of the adopted child and record the adoption in the civil status book
within 20 days after obtaining the consent of the persons referred to in
Article 21 of this Law.
2. In case the commune-level
People's Committee refuses registration, it shall, within 10 days after
obtaining the consent of the persons referred to in Article 21 of this Law.
issue a written reply clearly stating the reason to the adoptive parents, the
natural parents or the guardian or a representative of the nurturing center.
3. The adoption certificate
shall be sent to the commune-level People's Committee of the place in which the
person introduced for adoption or the adopting person permanently resides.
Article 23.
Notification of the growth of adopted children and supervision of the nurturing
of adopted children
1. Once every six months within
3 years from the date of delivery and receipt of an adopted child, the adoptive
parents shall notify the commune-level People's Committee of the place in which
they permanently reside of the health, physical and mental conditions and
integration of the adopted child with his/her adoptive parents and their family
and community.
2. The Commune-level People's
Committee of the place in which the adoptive parents permanently reside shall
inspect and monitor the adoption.
Article 24.
Consequences of adoption
1. From the date of delivery and
receipt of an adopted child, the adoptive parents and adopted child will have
all the rights and obligations between parents and child; and the adopted child
and other members of the adoptive parents family will also have the rights and
obligations between them under the law on marriage and family, the civil law
and other relevant laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Change of the full names of an
adopted child aged 9 or more years must be consented to by such child.
3. The nationality of an adopted
abandoned child shall be determined according to the nationality of the
adoptive parents.
4. Unless otherwise agreed upon
between the natural and adoptive parents, from the date of delivery and receipt
of the adopted child, the natural parents no longer have the rights and
obligations to care for. nurture, provide financial support for, represent at
law, pay damages for, manage and dispose of personal property of, their child
already adopted.
Article 25.
Grounds for termination of adoption
An adoption may be terminated in
the following cases:
1. The adopted child has grown
mature and the adoptive parents terminate the adoption at their own will;
2. The adopted child is
convicted of any of the following crimes: intentionally infringing upon the
lives, health, dignity and honor of the adoptive parents; maltreating and
persecuting the adoptive parents and dissipating the adoptive parents'
property;
3. The adoptive parents are
convicted of intentionally infringing upon the lives, health, dignity and honor
of the adopted child; or maltreating and persecuting the adopted child;
4. Violating the provisions of
Article 13 of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Adoptive parents.
2. Grown-up adopted children.
3. Natural parents or guardians
of adopted children.
4. The following agencies and
organizations have the right to terminate an adoption when they obtain any of
the grounds specified in Clauses 2, 3 and 4. Article 25 of this Law:
a/ Labor, war invalids and
social affairs agencies;
b/ Women's unions.
Article 27.
Consequences of the termination of adoption
1. The rights and obligations
between the adoptive parents and adopted child terminate on the date the court
decision to terminate the adoption takes legal effect.
2. In case the adopted person is
a minor or an adult who has lost civil act capacity and working capacity, the
court shall decide to assign him/her to his/her natural parents or another
organization or individual for care, nurture and education in the best
interests of such person.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. In case the adopted person
has personal property, he/she will be entitled to receive back such property;
if the adopted person has contributed to the common property of the adoptive
parents, he/she will be entitled to part of such property in proportion to
his/her contribution as agreed upon with the adoptive parents: if no agreement
can be reached, this may be brought to a court for settlement.
5. The adopted person has the
right to restore his/her name as before adoption.
Chapter
III
INTERCOUNTRY ADOPTION
Article 28.
Cases of intercountry adoption
1. Overseas Vietnamese,
foreigners permanently residing in the countries being contracting parties to
an adoption treaty along with Vietnam adopt a Vietnamese child.
2. Overseas Vietnamese,
foreigners permanently residing abroad may adopt a specific child in the
following cases:
a/ He/she is the step father or
step mother of the to-be-adopted child;
b/ He/she is the natural aunt or
uncle of the to-be-adopted child;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ He/she adopts a child who is
disabled or infected with HIV/AIDS or another dangerous disease;
e/ He/she is a foreigner
currently working or studying in Vietnam for at least 1 year;
3. Vietnamese citizens
permanently residing in the country adopt a foreign child.
4. Foreigners permanently
residing in Vietnam adopt a child in Vietnam.
Article 29.
Conditions on adopting persons
1. Overseas Vietnamese or
foreigners permanently residing abroad who seek to adopt a Vietnamese must meet
all conditions required by the law of the country in which they permanently
reside and specified in Article 14 of this Law.
2. Vietnamese citizens who seek
to adopt a foreigner must meet all conditions specified in Article 14 of this
Law and required by the law of the country in which the to-be-adopted person
permanently resides.
Article 30.
Consular legalization of papers and documents
Papers and documents in the
dossier of the adopting person and the dossier of the foreign adoption
organization compiled, granted or certified by a competent foreign agency must
be consularly legalized for use in Vietnam, unless they are exempt from
consular legalization under a treaty to which the Socialist Republic of Vietnam
is a contracting party or on the reciprocity principle.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A dossier of an overseas
Vietnamese or a foreigner permanently residing abroad seeking to adopt a
Vietnamese must comprise:
a/ A written request for
adoption;
b/ A copy of the passport or a
valid substitute paper;
c/ A written permission for
adopting a person in Vietnam:
d/ A completed questionnaire on
psychology and family;
e/ A health certificate;
f/ An income and property
certificate;
g/ A judicial record sheet:
h/ A written certification of
the marital status;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Papers and documents stated
at Points b thru h. Clause 1 of this Article must be made, issued or certified
by competent agencies of the country in which the adopting person permanently
resides.
3. A dossier of the adopting
person shall be made in 2 sets and submitted to the Ministry of Justice via the
central adoption agency of the country in which the adopting person permanently
resides; in case of adopting a specific person stated in Clause 2. Article 28
of this Law. the adopting person may submit the dossier directly to the
Ministry of Justice.
Article 32.
Dossiers of persons introduced for adoption by foreigners
1. A dossier of a person
introduced for intercountry adoption comprises:
a/ Papers and documents
specified in Clause 1. Article 18 of this Law;
b/ Document on the remarkable
characteristics, hobbies and habits of the child:
c/ A document evidencing the
failure of finding a domestic substitute family under Clause
2. Article 15 of this Law.
2. A dossier stated in Clause 1
of this Article shall be made in 3 sets and submitted to the provincial-level
Justice Department of the place in which the person introduced for adoption
permanently resides.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 33.
Responsibility for examining and verifying dossiers and certifying children's
eligibility for being adopted
1. Within 20 days after
receiving a complete and valid dossier, the provincial-level Justice Department
shall examine the dossier and consult persons specified in Article 21 of this
Law. The consultation must be expressed in documents bearing the signatures or
fingerprints of the consulted persons.
For an abandoned child who needs
to be verified, the provincial-level Justice Department may request the
provincial-level Police Department to verify; the requested Police Department
shall conduct verification and issue a written reply within 30 days after
receiving the request of the provincial-level Justice Department.
2. After completing the
examination and verification under Clause 1 of this Article, if seeing that the
child is eligible for intercountry adoption, the provincial-level Justice
Department shall issue a certificate to this effect and send it to the Ministry
of Justice.
Article 34.
Responsibility for examining and transferring dossiers of adopting persons
1. Within 15 days after
receiving a complete and valid dossier, the Ministry of Justice shall examine
and process the dossier of an adopting person under Clause 2 or 3 of this
Article.
2. In case the adopting person
seeks to adopt a specific child under Clause 2. Article 28 of this Law, the
Ministry of Justice shall transfer the dossier to the provincial-level Justice
Department of the place in which the person introduced for adoption permanently
resides for submission to the provincial-level People's Committee for
consideration and decision.
3. After the time limit of
announcement to find a substitute family for a child specified in Clause 2.
Article 15 of this Law, if nobody in the country can be found, the Ministry of
Justice shall send the dossier of the adopting person to the provincial-level
Justice Department of the place in which the child introduced for adoption
permanently resides for consideration and introduction for adoption in the
order specified in Article 36 of this Law. except the case specified in Clause
2 of this Article.
Article 35.
Grounds for introduction of children for adoption
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The child's remarkable
characteristics, hobbies and habits:
2. The child's integration and
development ability;
3. The adopting person's
financial conditions, family and social environments and aspirations.
Article 36.
Sequence of introduction of children for adoption
1. Within 30 days after receiving
the dossier of the adopting person, the provincial-level Justice Department
shall consider and introduce a child for adoption on the basis of ensuring the
grounds provided in Article 35 of this Law and report it to the
provincial-level People's Committee. Within 10 days after receiving the dossier
from the provincial-level Justice Department, if approving the dossier, the
provincial-level People's Committee shall notify it to the provincial-level
Justice Department for carrying out procedures for forwarding the dossier to
the Ministry of Justice; if disapproving the dossier, it shall issue a written
reply clearly stating the reason.
Before the provincial-level
Justice Department considers and introduces a child for intercountry adoption,
if a person seeks to adopt the child, he/she shall contact the commune-level
People's Committee of the place in which the child permanently resides for
consideration and settlement; once the adoption completes, the commune-level
People's Committee shall report it to the provincial-level Justice Department
for terminating the introduction of the child for intercountry adoption.
2. Within 30 days after
receiving a report on the result of the introduction of a child for adoption,
the Ministry of Justice shall examine such introduction; if it is valid, it
shall make an assessment report on the Vietnamese child's eligibility for
intercountry adoption and notify the competent agency of the country in which
the adopting person permanently resides.
3. Within 15 days after receiving
a document of the competent agency ofthe country in which the adopting person
permanently resides notifying the consent of the adopting person to the
introduced child and certifying that the child will be allowed to enter and
permanently reside in the country in which child is adopted, the Ministry of
Justice shall notify it to the provincial-level Justice Department.
The adopting person may not come
into contact with the parents or guardian or nurturing center before receiving
the notification of the introduction of the child for adoption, except for the
case specified in Clause 2. Article 28 of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 37.
Decision to allow children to be adopted by foreigners and organization of the
delivery and receipt of adopted children
1. After receiving a notice of
the Ministry of Justice under Clause 3. Article 36 of this Law, the provincial-level
Justice Department shall submit the case's dossier to the provincial-level
People's Committee for decision to allow the child's intercountry adoption.
Within 15 days after receiving
the dossier from the provincial-level Justice Department, the provincial-level
People's Committee shall decide to allow the child's intercountry adoption.
2. Immediately after receiving
the provincial- level People's Committee's decision to allow the child's
intercountry adoption, the provincial-level Justice Department shall notify the
adopting person to come to Vietnam for receiving the child. Within 60 days
after receiving the notice of the provincial-level Justice Department, the
adopting person must be present in Vietnam; in case both husband and wife seek
to adopt a child but either of them cannot not be present at the child delivery
and receipt ceremony for an objective reason, he/she must make an authorization
to the other; this time limit may be extended for a plausible reason but must
not exceed 90 days. Past this time limit, if the adopting person fails to come
to receive the child, the provincial-level People's Committee shall cancel the
decision to allow the child's intercountry adoption.
3. The provincial-level Justice
Department shall register the adoption under the law on civil status
registration and organize a child delivery and receipt ceremony at its head
office in the presence of a representative of the provincial- level Justice
Department, the adopted child, the adoptive parents, a representative of the
nurturing center, for children living in nurturing centers, or the natural
parents or the guardian of the child, for children living with their families.
The delivery and receipt of an
adopted child must be recorded in a minutes bearing the signatures or
fingerprints of the involved parties and the representative of the
provincial-level Justice Department.
4. Following the deliver)' and
receipt of an adopted child, the provincial-level Justice Department shall send
the provincial-level People's Committee's decision to allow the child's
adoption by a foreigner and the minutes of the child's delivery and receipt to
the Ministry of Justice and the commune-level People's Committee of the place
in which the adopted child permanently resides.
5. The Ministry of Justice shall
send the decision to allow a child's intercountry adoption to the Ministry of
Foreign Affairs for notification to the overseas Vietnamese representative
mission of the adoption for taking child protection measures when necessary.
Article 38.
Certification of adoption
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 39.
Notification of the growth of adopted children
Once every six months within 3
years from the date of delivery and receipt of an adopted child, the adoptive
parents shall notify the Vietnamese Ministry of Justice and representative
mission in the country in which the adopted child permanently resides of the
child's health and physical and mental conditions and integration with the
adoptive parents and their family and community.
Article 40.
Adoption of foreign children by Vietnamese citizens living in the country
1. A Vietnamese citizen seeking
to adopt a foreign child shall compile a dossier under Article 17 of this Law
and send it to the Ministry of Justice. The Ministry of Justice shall consider
and issue a certificate of the adopting person's eligibility under Vietnamese
law within 30 days after receiving a complete and valid dossier. When
necessary, the Ministry of Justice may request verification by the
provincial-level Justice Department of the place in which such person
permanently resides; in this case this time limit may be extended but must not
exceed 60 days.
2. After completing all
procedures for adopting a foreign child, the Vietnamese citizen shall carry out
the recording procedure at the provincial-level Justice Department and the
commune-level of the place in which he/she permanently resides.
Article 41.
Adoption by foreigners permanently residing in Vietnam
1. Articles 14. 15. 16, 17, 18.
21, 23, 24. 25, 26 and 27 of this Law are applicable to foreigners permanently
residing in Vietnam and seeking to adopt a child in Vietnam.
2. The dossiers of the adopting
person and person introduced for adoption shall be submitted to the
provincial-level Justice Department of (he place in which the person introduced
for adoption permanently resides. The provincial-level Justice Department shall
examine the dossiers and consult persons referred to in Article 21 of this Law.
If seeing that the adopting
person and person introduced for adoption are eligible under this Law, the
provincial-level Justice Department shall submit their dossiers to the
provincial-level People's Committee for consideration and decision.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Immediately after receiving
the provincial-level People's Committee's decision, the provincial-level
Justice Department shall register the adoption under the law on civil status
registration and organize a child delivery and receipt ceremony at its head
office in the presence of a representative of the provincial-level Justice
Department, the adopted child, the adoptive parents, a representative of the
nurturing center, for children living in nurturing centers, or the natural
parents or the guardian of the child, for children living with their families.
If the adopting person fails to come to receive the child without a plausible
reason, the provincial-level People's Committee shall cancel the decision to
allow the foreigner's adoption.
The delivery and receipt of an
adopted child must be recorded in a minutes bearing the signatures or
fingerprints of the involved parties and the representative of the
provincial-level Justice Department.
Article 42.
Adoption in border areas
Pursuant to this Law and the practical
situation, the Government shall stipulate procedures for settling adoptions
between Vietnamese citizens and citizens of neighboring countries permanently
residing in border areas.
Article 43.
Foreign adoption organizations in Vietnam
1. A foreign adoption
organization shall be granted a license to operate in Vietnam when fully
meeting the following conditions:
a/ It is lawfully established
and operates not for profits in the adoption domain in the territory of the
country having acceded to an adoption treaty to which Vietnam is a contracting
party;
b/ It is permitted by a
competent adoption agency in the country in which it is established to operate
in the adoption domain in Vietnam;
c/ It has operated in the
intercountry adoption for 3 or more consecutive years without committing any
violations as certified by a competent agency of the host country;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e/ It has a representative
possessing goods ethical qualities and adoption expertise.
2. A foreign adoption
organization operating in Vietnam has the following rights and obligations:
a/ To give counseling to
adopting persons on socio-economic conditions. family circumstances, social
environment, needs and hobbies of Vietnamese children;
b/ To carry out on behalf of the
adopting persons procedures for settling adoptions in Vietnam;
c/ To assist in finding
substitute families for children who are disabled or infected with HIV/ AIDS or
other dangerous diseases;
d/ To be provided with
information and legal knowledge and participate in adoption training courses
organized by competent Vietnamese agencies;
e/ To rent offices and employ
Vietnamese under law;
f/ To observe the laws and
respect customs and practices of Vietnam;
g/ To annually report on the
growth of adopted Vietnamese children to the Ministry of Justice:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i/ To pay fees for (he grant,
extension and modification of their licenses to operate in Vietnam;
j/ To report on their operation
and submit to the examination and inspection by competent Vietnamese agencies
under law.
3. A foreign adoption
organization will have its license to operate in Vietnam revoked in the
following cases:
a/ No longer meeting all the
conditions stated in Clause 1 of this Article;
b/ Breaching its obligation
stated at Point f, Clause 2 of this Article.
4. The Government shall specify
the rates of the fee for, and the management and use of this fee, and
procedures for granting, extending, modifying and revoking operation licenses
of Vietnam-based foreign adoption organizations.
Chapter IV
RESPONSIBILITIES OF
STATE AGENCIES FOR ADOPTION
Article 44.
State management agencies in charge of adoption
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The Ministry of Justice shall
take responsibility before the Government for performing the state management
of adoption.
3. Ministries and
ministerial-level agencies shall, within the scope of their respective tasks
and powers, coordinate with the Ministry of Justice in performing the state
management of adoption.
4. The People's Committees at
all levels shall, within the scope of their respective tasks and powers,
perform the state management of adoption in their focalities.
Article 45.
Responsibilities of the Ministry of Justice
1. To promulgate, or submit to
competent state agencies for promulgation, legal documents on adoption.
2. Issue and organize the
uniform use of forms of papers and books on adoption; grant, extend, modify and
revoke operation licenses of Vietnam-based foreign adoption organizations.
3. Inspect, examine and settle
complaints and denunciations and handle violations of the law on adoption
according to its competence
4. Undertake international
cooperation on adoption.
5. Perform other tasks and
powers under this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
. To guide and examine the
admission to children to nurturing centers and the placement of these children
for adoption to ensure eligible subjects as defined by law.
2. To direct and guide the
labor, war invalids and social affairs sector in managing, caring for,
nurturing and educating children and taking measures to prevent the abandonment
of children.
3. To examine and monitor the
receipt, management and use of financial donations and aid from organizations
and individuals for child protection and care purposes.
Article 47.
Responsibilities of the Ministry of Public Security
1. To direct the implementation
of measures to prevent, detect, investigate and handle violations in the
adoption domain.
2. To guide provincial-level
Police Departments in verifying the origin of abandoned children to be placed
for adoption.
Article 48.
Responsibilities of the Ministry of Foreign Affairs
1. To guide overseas-based
Vietnamese representative missions to take necessary measures to protect
adopted Vietnamese children in foreign countries.
2. To guide overseas-based
Vietnamese representative missions to register adoptions under this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Provincial-level People's
Committee shall:
a/ Decide on intercountry
adoptions under this Law;
b/ Disseminate and popularize
the law on adoption in their localities;
c/ Report to the Ministry of
Justice on the settlement of adoptions and the implementation of the law on
adoption in their localities;
d/ Inspect, examine, and settle
complaints and denunciations and handle violations of the law on adoption
according to their competence.
2. District-level People's
Committees shall;
a/ Settle civil status affairs
related to adoption;
b/ Disseminate and popularize
the law on adoption in their localities;
c/ Examine and monitor adoptions
in their localities; and settle complaints and denunciations and handle
violations of the law on adoption according to their competence;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Commune-level People's
Committees shall:
a/ Register and monitor domestic
adoptions and record intercountry adoptions;
b/ Disseminate and popularize
the law on adoption in their localities;
c/ Settle complaints and
denunciations and handle violations of the law on adoption according to their
competence;
d/ Report to district-level
People's Committees on the settlement of adoption and the implementation of the
law on adoption in their localities.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 50.
Transitional provisions
1. Adoptions between Vietnamese
citizens which were established before the effective date of this Law but have
not yet been registered with a competent state agency may be registered within
5 years after this Law takes effect if the following conditions are met:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/The parent and child
relationships still exist and both parties are still alive by the lime this Law
takes effect:
c/ Caring, nurturing and
education ties exist between the adoptive parents and adopted child like
between natural parents and child.
2. After being registered, the
adoption relationships stated in Clause 1 of this Article will be effectively
valid from the time they arise.
3. The Government shall specify
procedures for registering adoptions referred to in this Article, which are convenient
and suited to the practical realities of the people in different areas and
regions.
Article 51.
To annul Chapter VIII. Article 105. and amend and supplement a number of
articles of the Law on Marriage and Family
1. To annul Chapter VIII with
articles from 67 thru 78 and Article 105 of Marriage and Family Law No.
22/2000/QH10.
2. To amend and supplement
Article 109 of Marriage and Family Law No. 22/2OO0/QH10 as follows:
"Article 109. Effect
Adoptions comply with the Law on
Adoption.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 52.
Effect
1. This Law takes effect on
January 1. 2011.
2. The Government shall detail
and guide the implementation of articles and clauses as assigned in the Law;
and guide other necessary contents of this Law to meet state management
requirements.
This Law was passed on June
17, 2010, by the XIIth National Assembly of the Socialist Republic
of Vietnam at its 7th session.-
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong