THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom – Happiness
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No. 114/2016/ND-CP
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Hanoi, July 8,
2016
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DECREE
ON ADOPTION
REGISTRATION FEES, FEES FOR ISSUANCE OF OPERATION LICENSES OF INTERCOUNTRY ADOPTION
AGENCIES
Pursuant to Law on Organization of the
Government dated June 19, 2015;
Pursuant to the Law on adoption dated June 17,
2010;
Pursuant to the Law on State budget dated June
25, 2015;
Pursuant to the Law on fees and charges dated
November 25, 2015;
At the request of the Minister of Finance;
The Government promulgates a Decree on adoption
registration fees, fees for issuance of operation licenses of intercountry
adoption agencies.
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This Decree deals with payers, collecting bodies of
adoption registration fees, fees for issuance of operation licenses of
intercountry adoption agencies; exemption from or deduction in adoption
registration fees; amount of fees and collection, payment and management of
fees; funding for adoption process and issuance of operation licenses of
intercountry adoption agencies in Vietnam.
Article 2. Interpretation of terms
For the purposes of this Decree, these terms below
shall be construed as follows:
1. Adoption registration fees include:
a) Domestic adoption registration fee is the fee
collected from a Vietnamese national that adopts a child being a Vietnamese
national permanently residing in Vietnam.
b) Intercountry adoption registration fee is the
fee collected from a Vietnamese person residing in a foreign country, a
foreigner permanently residing in a foreign country, or a foreigner permanently
residing in Vietnam that adopts a child being a Vietnamese national; or from a
foreigner residing in a border region of a neighbor country that adopt a Vietnamese
child permanently residing in such border region.
c) Adoption registration fee at Vietnam’s overseas
representative body is the fee collected from a Vietnamese national temporarily
residing in a foreign country that adopts a child being a Vietnamese national
temporarily residing in such foreign country.
2. Fees for issuance of operation licenses of
intercountry adoption agencies are fees collected from foreign agencies that are issued with or obtained extension of operation
licenses with regard to intercountry adoption in Vietnam by Vietnamese
competent authorities.
Article 3. Payers
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2. A Vietnamese person residing in a foreign
country or a foreigner permanently residing in a foreign country that adopts a
child being Vietnamese national shall pay an amount of intercountry adoption
registration fee as prescribed in Point b Clause 1 Article 6 of this Decree
upon the submission of application for adoption registration at Adoption
Department of the Ministry of Justice.
3. A foreigner permanently residing in Vietnam that
adopts a child being Vietnamese national permanently residing in Vietnam shall
pay an amount of adoption registration fee as prescribed in Point c Clause 1
Article 6 of this Decree upon the submission of application for adoption
registration at the Ministry of Justice.
4. A foreigner residing in a border region of a
neighbor country that adopts a Vietnamese child permanently residing in such
border region of Vietnam shall pay an amount of adoption registration fee as
prescribed in Point d Clause 1 Article 6 of this Decree upon the submission of
application for adoption registration at a People’s
Committee of commune.
5. A Vietnamese nation temporarily residing in a
foreign country that adopts a child being Vietnamese national temporarily
residing in Vietnam shall pay an amount of adoption registration fee as
prescribed in Point dd Clause 1 Article 6 of this Decree upon the submission of
application for adoption registration at a Vietnam’s overseas representative
body.
6. An intercountry adoption agency shall, after
issuance or extension of an operation license in Vietnam, pay an amount of fee
as prescribed in Clause 2 Article 6 of this Decree upon the submission of
application at Adoption Department of the Ministry of Justice.
Article 4. Exemption from and deduction in
adoption registration fees
1. Domestic adoption registration fees shall be
exempted in one of the following cases:
a) A stepfather or stepmother adopts a stepchild of
his/her spouse; or an aunt or uncle adopts a niece or nephew;
b) A person adopts one of the following children:
Disabled children, HIV/AIDS infected children or children suffering fatal
disease/illness as prescribed in the Law on adoption and guiding documents;
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2. Intercountry adoption registration fees shall be
deducted in one of the following cases:
a) A reduction of 50% in intercountry adoption registration
fee shall apply to a stepfather or stepmother that adopts a stepchild of
his/her spouse or an aunt or uncle that adopts a niece or nephew;
b) In case of simultaneously multiple adoption of
biological brothers/sisters, a reduction of 50% in intercountry adoption fee
shall apply to each of children excluding the first child;
c) In case of adoption falling into the both
aforesaid cases prescribed in Point a and Point b of this Clause, the payer may
select to apply the reduction in fees prescribed in either of those Points.
3. Exemption from adoption registration fees shall
apply to the cases of re-registration of adoption as prescribed in law on
adoption.
Article 5. Collecting bodies
1. People’s
Committees of communes shall collect domestic adoption registration fees
and fees collected from foreigners residing in border regions of neighbor
countries that adopt Vietnamese children permanently residing in such border
regions.
2. Services of Justice shall collect fees from
foreigners permanently residing in Vietnam that adopt children being Vietnamese
nationals.
3. Adoption Department of the Ministry of Justice
shall collect intercountry adoption registration fees, excluding regulations in
Clause 1 and Clause 2 of this Article; and fees for issuance or extension of
operation licenses of intercountry adoption agencies.
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Article 6. Fee amounts
1. Amounts of adoption registration fees:
a) Amount of domestic adoption registration fee:
VND 400,000/case.
b) Amount of adoption registration fee collected
from Vietnamese people residing in foreign countries or foreigners permanently
residing in foreign countries that adopt children being Vietnam nationals: VND
9.000.000/case.
c) Amount of fee collected from foreigners
permanently residing in Vietnam that adopt children being Vietnamese nationals:
VND 4.500.000/case.
d) Amount of fee collected from foreigners residing
in border regions of neighbor countries that adopt Vietnamese children
permanently residing in such border regions: VND 4.500.000/case.
dd) Amount of adoption registration fee at
Vietnam’s overseas representative bodies: USD 150/case. The above fee shall be
converted into the receiving country’s currency according to the selling rate
of USD announced by a bank where the Vietnam’s overseas representative body
open its account.
2. Amounts of fees for issuance of operation
license to an intercountry adoption agency:
a) Initial issuance license fee: VND
65,000,000/license;
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Article 7. Collection, payment and management of
fees
1. Each collecting body shall open an provisional
collection account at a State Treasury at the same administrative level for the
fee collection purposes; total weekly-collected fees shall be paid into the
provisional collection account at the State Treasury. No later than the 20th
of each month, the collecting body shall transfer full payment of fees
collected in the previous month to the government budget (after deducting from
the fees refunded to the payers) as prescribed; the collecting body shall also
make monthly declaration and payment to government budget and make annual
statement as prescribed in law on tax administration. With regard to collecting
body being a Vietnam’s overseas representative body, it shall make declaration
and payment of adoption registration fees in accordance with instructions of
the Ministry of Finance.
2. If an application of which adoption registration
fee is collected is not transferred to the Service of Justice and the adoptive
person requests to withdraw such application, the collecting body shall refund
the adoption registration fee to the payer. If the adoptive person remain his/her
willing to adopt the child, the paid fee shall be offset against the fee
payable regarding the following application. If the adoptive person does not
remain his/her willing to adopt the child, the collecting body shall deduct an
amount from the provisional collection account at a State Treasury to refund
the paid fee to the payer and such amount shall be deducted from the fees
payable to the State budget by the collecting body, and then make declaration
and statement of fees to the tax authority in accordance with law on tax
administration.
Article 8. Funding for process of adoption;
issuance or extension of and amendments to operation licenses of intercountry
adoption agencies in Vietnam
1. Funding for process of adoption; issuance or
extension of and amendments to operation licenses of intercountry adoption
agencies in Vietnam shall be provided by government budget in accordance with
law on decentralization of government budget.
2. The authorities in charge of adoption
procedures; issuance or extension of or amendments to operation licenses of
intercountry adoption agencies in Vietnam shall make budget estimates of annual
revenues and expenditures and submit them to competent authorities in
accordance with the Law on State budget.
3. Funding for adoption process expenditures
include:
a) Expenditures on receipt and verification of
applications submitted by adoptive parents/persons, adoptees' dossiers;
consultation of psychology, health, family and society specialists to make a
comprehensive assessment of the conditions of the adoptive parents/persons and
adoptees as prescribed by law;
b) Expenditures on formulation of adoptees'
dossiers incurred by social relief establishments;
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d) Expenditures on communication and correspondence
with competent authorities in terms of process of adoption;
dd) Expenditures on printing and issuance of forms,
documents, books, archives and digitalization of adoption documents;
e) Expenditures on pay given to personnel in charge
of fee collection, including salaries, wage, allowances, attributes to
wage/salary, which are deducted from the wage paid for civil servants earning
wages from government budget as prescribed;
g) Expenditures on inspection and monitoring of
development of adoptees;
h) Other expenditures directly serving the process
of adoption.
4. Funding for expenditures on issuance or
extension of or amendments to operation licenses of intercountry adoption
agencies in Vietnam include:
a) Expenditures on receipt and verification of
applications for issuance, extension of or amendments to operation licenses in
Vietnam submitted by intercountry adoption agencies;
b) Expenditures on interview, test and evaluation
of qualifications of persons expected to be heads of offices of intercountry
adoption agencies in Vietnam;
c) Expenditures on verification of eligibility,
qualification and legal capacity of intercountry adoption agencies in the
countries where those agencies are established;
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dd) Expenditures on direct inspection of
development of Vietnamese intercountry adoptees;
e) Other expenditures directly serving the issuance
or extension of or amendments to operation licenses of intercountry adoption
agencies in Vietnam.
Article 9. Transitional provision
Any applicant for adoption who has paid domestic or
intercountry adoption registration fee, any intercountry adoption agency
applying for issuance or extension of, amendments to operation license has paid
fees thereof before January 1, 2017 shall apply regulations on collection,
management and use of fees prescribed in Decree No. 19/2011/ND-CP dated March
21, 2011 of the Government on guidelines for the Law on adoption.
Article 10. Entry into force
1. This Decree comes into force from January 1,
2017.
2. From the effective date of this Decree, the
phrase “lệ phí đăng ký nuôi con nuôi” (adoption registration fees), “mức thu,
chế độ quản lý, sử dụng lệ phí” (fee amounts, fee management and use)
prescribed in Clause 1 Article 1; the phrase “khoản 1 và” (Clause 1 and) in
Clause 3 Article 38; regulations in Clause 1 Article 38 and the following
Articles: 39, 40, 41, 42, 43, 44, 45, 46 of Decree No. 19/2011/ND-CP dated
March 21, 2011 of the Government on guidelines for the Law on adoption shall be
annulled.
Article 11. Implementation
1. The Ministry of Finance provide guidelines for
making of budget estimates, management, use, and statement of government budget
to ensure the adoption and issuance or extension of, amendments to operation
licenses of intercountry adoption agencies in Vietnam.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc