|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No:
19/2011/ND-CP
|
Hanoi,
March 21, 2011
|
DECREE
PROVIDING IN DETAIL FOR IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE LAW ON ADOPTION
THE GOVERMENT
Pursuant to the December 25,
2011 Law on the Organization of Government;
Pursuant to the June 17, 2010 Law on Adoption;
At the proposal of the Minister of Justice,
DECREES
Chapter 1:
GENERAL PROVISIONS
Article
1. Scope of regulation
...
...
...
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. This Decree
guides for implementation of a number of issues on competence, sequence,
procedures for settling domestic adoption, adoption at the Vietnamese representative
agencies in foreign country (hereinafter called as the representative
agencies), adoption involving foreign factors under Article 9, 15, 17, 18, 20,
21, 22, 28, 30, 31, 32, 33, 34, 36 of Law on Adoption; re-registration and
recognizatiom of adoption which was registered at competent agencies of foreign
countries.
Article
2. Competence for adoption registration
Competence for
adoption registration implemented in accordance with provision in Article 9 of
Law on Adoption and the following specific provisions:
1. For domestic
adoption, the People’s Committees of Commune, Ward, Township (hereinafter
called as The Commune-level People’s Committees) of place in which adoptee
permanently residing are competent to register adoption.
In case
stepfathers or stepmothers allow their wife or husband’s step-children to be
their adoptees; natural aunts, uncles allow their nephews, nieces to be their
adoptees or having an agreement between adopting person and natural parents or
guardian of children allowed to be adoptees, the Commune-level People’s
Committees of place in which adopting persons permanently residing are
competent to register adoption.
In case
abandoned children who have not been sent to the nurturing centers be adopted,
the Commune-level People’s Committees which made the confirming report on
abandoned children’s status are competent to register adoption; in case
children living in the nurturing centers be adopted, the Commune-level People’s
Committees of place where the nurturing centers locate are competent to
register adoption.
2. Regarding
inter-country adoption, the People’s Committees of centrally-affiliated
Provinces, Cities (hereinafter called the Provincial-level People’s
Committees), in which the adopted persons are permanently residing shall decide
to let such person to be adoptee; in case children living in the nurturing
centers allowed to be adoptees, the Provincial-level People’s Committees of
place where the nurturing centers locate shall decide to let such children to
be adoptee.
Departments of
Justice implements for inter-country adoption registeration after having the
decision of Provincial-level People’s Committees.
3. Regarding
adoption where the adopters and adoptees are Vietnamese citizens who
temporarily residing oversea, the Representative agencies of place where the
adopters or adoptees temporarily residing are competent to register adoption;
in case both temporarily reside in the country where has no representative
agency, the adopting persons may apply for adoption registration at a certain
representative agency that is most convenient for them.
...
...
...
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. Disable,
dangerous disease children are specific adopted under provisions in point d
clause 2 Article 28 of Law on Adoption include: children with cleft lip and
clept palate, children who are blinded with one or two eyes; mutism, deaf;
dumb; children with curved arms or legs, children with missing fingers, hands,
foot (feet), toes, children infected with HIV; children with heart diseases;
chidren with navel, groin, belly hernia; children without an anus or sexual
organ; children with blood disease; chidren with diseases requiring life-long
treatment; chidren with other disabilities or dangerous disease which
restricting the chances of adoption.
2. Children who
are subjects provided in clause 1 of this Article, if they are inter-country
adopted, shall be exempted form announcement procedures of finding a substitute
family provided in point c, point d clause 2 of Article 15 and procedures of
introducting children for adoption referred to provision in clause 1 Article 36
of Law on Adoption.
3. In case where
there are not enough proofs to determine that children are subjects provided in
clause 1 of this Article, the Department of Adoption under management of the
Ministry of Justice (hereinafter called as Department of Adoption) shall
collects opinions of the competent agencies under provision of Law on Disable
People for disable children or of the medical experts for dangerous disease
children.
Article
4. Receiption, management, and use of humanity assistance in order to nurture,
care of, and educate children with disadvantaged circumstances
The humanitarian
aids for nurturing, caring for and educating children in disadvantaged circumstances
implemented referred to provision in Article 7 of Law on Adoption and the
following specific provisions:
1. Domestic,
foreign individuals, organizations encouraged to provide humanitarian aids for
nurturing, caring for, and educating children in disadvantaged circumstances in
Vietnam via programs, protective projects, care for, nurture of children in
communities, nurturing centers; sponsor for children protective funds or other
methods under the laws of Vietnam.
While providing
for humanitarian aids, individuals, and organizations do not request the
nurturing centers to give children for adoption; the nurturing centers do not
commit to give children for adoption because they received humanitarian aids .
2. The Ministry
of Labour, War invalids and Social Affairs guides, directs, supervises over the
receiption, management, and usage of humanity aids to nurture, care for, and
educate children in disadvantaged circumstances.
3. The foreign
adoption agencies are authorized to operate in Vietnam shall not allowed to
provide directly assistance to the nurturing centers that assigned to allow
children to be overseas adopted.
...
...
...
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 judicial
record, health certificate, documents certifying of the family status, accommodation
circumstances, economic conditions of domestic adopters referred to Article 17
of Law on Adoption and dossiers provided in point b, point đ clause 1 Article
21 of this Decree shall be valid if they are granted not excess 06 months, from
the date of applying dossiers at the Commune-level People’s Committees.
2. The judicial
record, health certificate, a completed questionnaire on psychology, family,
income and property certificate of persons adopting Vietnamese children to be
overseas adoptees referred to provision in Article 31 of Law on Adoption shall
be valid if they are granted not excess 12 months, from the date of applying
dossiers at the Department of Child Adoption.
3. The judicial
record sheet of head of the foreign adoption agencies referred to point e and
of the persons expected to be head of the foreign adoption agencies referred to
point g clause 1 Article 31 of this Decree shall be valid if they are granted
not excess 6 months, from the date of applying dossiers at the Department of
Child Adoption.
Chapter II
DETAILED PROVISIONS ON A
NUMBER OF PROCEDURES FOR SETTLING ADOPTION
ITEM
1: DOMESTIC ADOPTION
Article
6. Having dossier and list of children in need of substitute families
1. In case of
children living in the nurturing centers in need to find a substitute family
but are not disable children, dangerous disease, the nurturing centers make
dossiers and list of children (hereinafter called as the List 1) asking for the
Departments of Labor, war Invalids and Social Affairs’ opinion before sending
to the Departments of Justice to notify of finding substitute family for the
chidren in the provincial area referred to point c clause 2 Article 15 of Law
on Adoption.
2. in case of
disable children, children with dangerous disease and children aged 5 year-old
or older and two or more childrens are biological siblings need to find a
substitute family, the nurturing centers make dossiers and a private list
(hereinafter called as the List 2) asking for the Departments of Labor, war
Invalids and Social Affairs’ opinion before sending to the Departments 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
3. In case of
children living in the nurturing centers adopted by Vietnamese citizens
permanently domestic residing, the nurturing centers is responsible for
providing 01 set of children’s dossier to the adopters and deleting such
children’s name in the List provided in clause 1 or clause 2 this Article.
Article
7. The application dossier of the adopters
The application
dossier of the domestic adopters shall be compiled 01 set includes documents
provided in Article 17 of Law on Adoption. In case adopters and adoptees are
not one of the cases provided in clause 3 Article 14 of Law on Adoption and not
permanently reside together in a commune area, confirming of family
circumstances, accomodation and economic conditions of adopters carried out as
follows:
1. In case of
adopting person applies for adoption registering at the Commune-level People’s
Committees in which adopted children permanently reside, documents of family
circumstances, accomodation and economic conditions of adopting persons shall
be confirmed by the Commune-level People’s Committees in which such persons
permanently reside.
2. In case of
the adopting person applies for adoption registering at the Commune-level
People’s Committees in which such person permanently resides, the civil status
– judicial officers shall confirm family circumstances, accomodation and
economic conditions of adopting persons.
Article
8. Responsibility for collecting concerned persons’ ideas on adoption
1. Collecting
concerned persons’ ideas on adoption carried out referred to provision in
Article 20 of Law on Adoption and directly by the civil status – judicial
officers of the Commune-level People’s Committees in which adopted persons
permanently reside.
2. In case
adopting persons apply dossier for adoption registering at the Commune-level
People’s Committees in which such persons permanently reside but in the same
place the adopted children reside, the collecting concerned persons’ ideas on
adoption carried out as follows:
a) In case of
deligating civil status – judicial officers to go to collect directly, the
Commune-level People’s Committees receiving applying shall send a written to
request the Commune-level People’s Committees in which the adopted persons
permanently reside for delegating their civil status – judicial officers to
coordinate collecting concerned persons’ ideas.
...
...
...
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
Within 10 days,
from the date of receiving the request of the Commune-level People’s Committees
receiving dossiers, the Commune-level People’s Committees in which the adopted
children permanently reside delegate their civil status – judicial officers to
collect directly the concerned persons’ ideas and send result to the
Commune-level People’s Committees requested.
3. Collecting
ideas must be shown in writing and meet requirement as provided in clause 2
Article 9 of this Decree.
Article
9. Requirement of dossiers inspectation and collecting concerned persons’ ideas
1. While
inspecting dossiers, the civil status – judicial officers must research, study
the concerned persons’ innermost feelings, aspiration and circumstance. In case
the adopted persons have natural parents still alive, the civil status –
judicial officers inspect if the natural parents and adopting parents have
agreement to keep rights, obligations toward their children and the method to
carried out such rights, obligations after children were allowed to be adopted.
2. While
collecting concerned persons following the provision in Article 20 and Article
21 of the Law on Adoption, the civil status – judicial officers must consult to
help children continue be cared for, nurtured, educated which are suitable with
the families’ conditions and real capabilities.
In case adoption
to children is the last solution for their best benefits, the civil status –
judicial officers must consult fully for concerned persons about adoption’s
purpose; rights and obligations arising between adoptive parents and adopted
children after adoption registering; the natural parents have no longer any
rights, obligations toward their children upon provision in clause 4 Article 24
of Law on Adoption if the natural parents and adoptive parents have no other
agreements.
3. If concerned
persons have not awared fully, understood clearly about the consulted matters
or influenced by psychology, health element had agreed to allow their children
to be adopted, then wanted to change their decision after rethinking , within
the limit time of 15 days from the date of being asked for their ideas,
concerned persons must inform in writing to the Commune-level People’s
Committees settling adoption dossiers. If this time is terminated, the
concerned persons may not change their ideas for allowing children to be
adopted.
Article
10. Procedures for registration of adoption
Procedures for
registration of adoption are carried out referred to provision in Article 22 of
Law on Adoption and the following specific provisions:
...
...
...
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. In case
adoptees are abandoned children and record part about their parents in birth
certificate and birth registration book keeping in the Commune-level People’s
Committees is unfilled, based on the certificate of adoption, the civil status
– judicial officers shall suplement the information of adoptive parents into parents
record part in birth certificate and birth registration book of the adopted
children; at the noting column in the birth registration book must be written
clearly that they are adoptive parents.
3. In case of
having agreement between adoptive parents and natural parents, together with
the consent from the adopted children aged 9 year-old or older of changing
record part of parents in birth certificate and birth registration book of the
adopted children, the Commune-level People’s Committees of the places in which
carried out birth registration for children shall carry out birth
reregistration to the adopted children and revoke former birth certificate; at
the noting column in the birth registration book must be written clearly that
they are adoptive parents.
ITEM 2:
INTERCOUNTRY ADOPTION
Article
11. The nurturing centers entitled to allow children to be inter-country
adoptees
1. The nurturing
centers entitled to allow children to be intercountry adoptees are the
nurturing centers found and operated legally in Vietnam; having enough
conditions to care, nurture, educate children under provision of law; having a
staff force is enough standards of morality, skill and knowledge in the field
of caring, nurturing, educating children and being well-informed about
inter-country adoption field; being assigned by the Provincial-level People’s
Committees to allow children to be intercountry adoptees.
2. The
Departments of Labor, war Invalids and Social Affair is the main responsible
unit for implementing, coordinating with the Departments of Justice and
agencies, organizations found such nurturing centers to examine, value and
report to the Provincial-level People’s Committees for considering, assigning
the nurturing centers to be allowed children to be adopted overseas according
to provision in this Article 1.
3. The
Departments of Justice inform to the Department of Child Adoption about the
list that the nurturing centers is allowed children to be adopted overseas,
assigned for supervising and coordinating to manage by the Provincial-level
People’s Committees.
Article
12. Announcement of list of countries exempted form consular legalization of
papers and documents
The Consular
Department under the Ministry of Foreign Affairs (hereinafter called as the
Consular Department) is responsible for forming, updating and informing to the
Department of Child Adoption about the list of countries exempted from consular
legalization of papers and documents under treaties in which the Socialist
republic of Vietnam is a contracting party or the reciprocity principle
provided in Article 30 of 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
Vietnamese
children adoption Application of an overseas Vietnamese, a foreigner
permanently residing abroad must comprise papers, documents provided in clause
1 Article 31 of Law on Adoption.
When applying
dossiers at the Department of Child Adoption, the adoptiing person incase of
specific children as provided in clause 2 Article 28 of Law on Adoption must
apply 01 set of dossier of adopted children and depend on each case, must have
the following correlative documents:
1. Copy of
marriage certificate of stepfather or stepmother with natural mother or father
of adopted children.
2. Papers,
documents proving that adopting persons are natural aunt, uncle of the adopted
children.
3. Copy of
Vietnam competence agency’s decision allows such person adopting Vietnamese
children and papers, documents proving that such adopted children with the
children introduced to be adoptees are biological siblings.
4. Papers,
documents proving that adopted child is belong one of the cases provided in
clause 1 Article 3 of this Decree.
5. Confirming
document of the Commune-level People’s Committees or Public Securities of the
adopting persons’s Vietnam residence and the other papers, documents proving
that the adopting persons are the foreigners working, educating uninterruptedly
in Vietnam for an at least 01 year period, counted to the date of application
of dossiers at the Department of Child Adoption.
Article
14. Application of children to be adopted
Application of
the adopted children must comprise papers, documents compiled as provided in
Article 32 of Law on Adoption and the following specific provisions:
...
...
...
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
In case
stepfather or stepmother adopts their step child not comprising the above
mentioned paper.
2. For children
belong to the List 1, must have the following papers:
a) The
Departments of Justice’s official letter enclosing with papers, documents of evidencing
made notification to find a domestic substitute family for children referred to
point c Article 15 of Law on Adoption;
b) The
Department of Children Adoption’s verification official letter for terminating
the notifying time referred to point d term 2 Article 15 of Law on Adoption but
there is no domestic person adopting child.
Article
15. Responsibility for examining and collecting the concerned persons’ ideas on
allowing children to be overseas adopted
1. Departments
of Justice examine dossiers and assign officers directly collecting concerned
persons’ ideas for allowing child to be overseas adopted referred to clause 1
Article 33 of Law on Adoption.
2. Examining
dossiers and collecting ideas must meet requirements as provided in clause 1 clause
2 Article 9 of this Decree.
If concerned
persons have not known fully, understood clearly about the matters consulted or
affected by psychology, health element had agreed to allow their children to be
adopted, wanted to change their decision after rethingking, within 30 days from
the date of being asked for their ideas, the concerned persons must inform in
writing to the Department of Justice of place settling adoption dossiers. If
this time terminated, the concerned persons may not change their ideas for
allowing children to be adopted.
Article
16. Requirements for confirming children having enough conditions to be
overseas adopted
...
...
...
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
In cases of
abandoned children allowed to be adopted overseas, must have verifycation and
clear concluding official letter of the Provincial-level Public Securities
about abandoned children’s background, cannot define their natural parents.
2. Verifying
children having enough conditions to be adopted must ensure that children could
meet enough requirements about age, specific adopted objects, objects must be
through introduction’s procedures; dossiers must have enough duly legal papers.
3. In case of children
of the List 1 having enough conditions to be adopted, the Departments of
Justice must have confirming official letter with each case in detailing.
Article
17. Procedures for dossier application and receiption of the intercountry
adopting persons
Procedures for
dossier application and receiption of Vietnamese who immigrated to a foreign
country, of Vietnamese children adopting, carried out upon provision in clause
3 Article 31 of Law on Adoption and provision specific as follows:
1. In case of
specific children adoption, the adopting person applies dossiers directly at
Department of Child Adoption. If having suitable reason for being not to apply
dossiers directly at the Department of Child Adoption, adopting persons
authorize in writing to their relatives permanently residing in Vietnam apply
dossiers at Department of Child Adoption or send doddiers via post office by
recorded delivery.
2. In case of
non specific child adoption, the adopting person permanently residing in the
country is contracting party of a treaty on coordinating adoption with Vietnam
applies dossiers to the Department of Child Adoption via such country adoption
agencies granted license for operating in Vietnam; If such country has not got
adoption agencies granted license for operating in Vietnam, adopting persons
applies dossiers to the Department of Child Adoption via the diplomatic
representative agencies or the Consular agency of such country in Vietnam.
3. Department of
Child Adoption considers, receives dossiers of adopting persons based on the
quantity of Vietnamese children having enough conditions to be adopted
overseas.
Article
18. Requirements for examining, appraising dossiers of intercountry adopting
persons
...
...
...
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. After
receiving enough dossiers of adopting persons, the Department of Child
Adoption, consider and appraise dossiers to define:
a) The adopting
persons ensured by the competent agencies of the country in which they
permanently residing that they meet enough conditions to adopt under such
country’s regulations of laws;
b) The adopting
persons meet enough conditions of adoption under regulations of Vietnamese
laws.
2. When
appraising the dossiers, if necessary, the Department of Child Adoption
collects ideas of experts of psychology, health, family, society in order to
define that adopting persons have the best conditions to care for, nurture,
educate adopters.
3. Dossiers of
the adopting persons approved if meeting enough conditions as provided in
clause 1 and clause 2 of this Article; in case of disapproving, the Department
of Child Adoption returns dossiers to the adopting person and state clear
reasons in writing.
Article
19. Requirements for transferring dossier of adopting persons to Department of
Justice for introducing children to be adopted
The Department
of Child Adoption transfers dossiers of intercountry adopting persons to the
Departments of Justice under provisions in clause 3 Article 34 of Law on
Adoption. Dossiers transferring based on the quantity of children having enough
conditions to be adopted overseas and the quantity of dossiers of adopting
persons approved.
Article
20. Requirements for introduction of children for inter country adoption
The introduction
of children for inter country adoption carried out under provisions in Article
35, Article 36 of Law on Adoption and specific provisions as follows:
...
...
...
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. After
introducing of children for adoption, the Departments of Justice report to the
Provincial-level People’s Committees to collect its opinion. In case the
Provincial-level People’s Committees agree with the introduction of children
for adoption, in the time of not excess 05 working days, from the date of the
Provincial-level People’s Committees’ agreement, the Departments of Justice
forward to the Department of Child Adoption a set of child’s dossier enclosing
with agreement written of the Provincial-level People’s Committees. In case the
Provincial-level People’s Committees disagree with the introduction of
Departments of Justice, the Provincial-level People’s Committees shall inform
clear reason in written for the Departments of Justice to implement
reintroduction. After 03 months from the date of the Provincial-level People’s
Committees’ disagreement but the Departments of Justice could not introduce,
they must return dossiers of adopting persons to the Department of Child
Adoption with written stating clearly the reason.
3. While
examining the result of introducing children for adoption, the Department of
Child Adoption may collect experts of psychology, health service, and family,
society in order to consider and decide the result of introducing children to
be adopted. If children have enough conditions to be adopted, the introduction
of children to be adopted must make sure to comply with orders, procedures as
provisions and meet children’s best benefits, the Department of Child Adoption
notifies in writing to the adopting persons. In case children have not enough
conditions to be adopted, the introduction of children to be adopted not comply
with order, procedures as provisions and not meet children’s best benefits, the
Department of Child Adoption report to the Minister of Justice for informing to
the Provincial-level People’s Committees and Departments of Justice.
ITEM
3: FOREIGN ELEMENTAL ADOTION IN THE BORDER AREAS
Article
21. Procedures for settling foreigners residing in the neighboring countries’
border areas adopt children
1. The
foreigners residing in the neighboring countries’ border areas adopting Vietnamese
children permanently residing in the Vietnamese border areas must have written
request for adoption enclosing with the following papers granted by the
neighboring countries’ competent agencies:
a) A copy of
passport or a valid substitute paper;
b) A judicial
record sheet;
c) A official
letter certifying of adopting person having enough conditions to adopt child
under such country’s laws;
d) 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
e) Two newest
pictures, posed fully, size 9 cm x 12 cm or 10 cm x 15 cm.
2. Papers
provided in clause 1 this Article must be translated in to Vietnamese, made in
2 sets. Adopting persons must submit their 02 sets together with 02 sets of
adopted children to the Commune-level People’s Committees in which adopted
children permanently residing; each set of children comprises papers provided
in Article 18 of Law on Adoption.
While applying
dossiers, adopting person must present passport or substitute value papers to
examine and pay adoption registration fee at the Commune-level People’s
Committees under provision in clause 1 Article 40 this Decree.
3. Within 15
days, from the date of receiving a complete and valid dossier, the
Commune-level People’s Committees examine, collect concerned persons’ ideas
under provision in Article 9 this Decree and sending official letter to the
Department of justice enclosing 01 set of adopting person and 01 set of child
to ask for opinion.
4. Within 10
days, from the date of receiving official letter of the Commune-level People’s
Committees, Department of justice considers dossiers for adoption and reply in
writing to the Commune-level People’s Committees.
5. Within 05
working days, from the date of receiving agreement decision of the Department
of justice, the Commune-level People’s Committees register adoption and
organize to hand over adopted child referred to procedures provided in Article
10 of this Decree; in case the Department of justice disagrees, the
Commune-level People’s Committees issues written reply and state clearly the
reason to adopting persons.
Article
22. Procedures for settlingVietnamese citizens permanently residing in the
border areas adopt children of neighboring countries residing in the border
areas to be adopted
1. Vietnamese
citizens permanently residing in the border areas adopt children of neighboring
countries residing in the border areas must have enough conditions referred to
Article 14 of Law on Adoption and conditions under the neighboring countries’
law.
2. Dossier for
adoption must have papers, documents referred to Article 17 of law on Adoption
and other papers, documents as provided under the neighboring countries’ law;
number of dossier compiled under the neighboring countries’ 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
4. After
registering adoption at the competent agencies of neighboring countries,
adopting person must carry out the noting procedure at the Commune-level
People’s Committees in which such person permanently residing.
ITEM
4:ADOTION IN REALITY BUT HAVE NOT YET REGISTERED
Article
23. Registration for adoption in reality
1. Adoption arose
in reality between Vietnamese citizens but have not yet registered before the
date of first of January, 2011, if it meets conditions referred to clause 1
Article 50 of Law on Adoption, shall be registered from January 01, 2011 to
December 31, 2015 at the Commune-level People’s Committees in which adoptive
parents and adopted child permanently residing.
2. Provision in
the clause 1 this Article applied to Vietnamese citizens permanently residing
in the border areas adopt children of neighboring countries before the date of
first of January, 2011 but have not registered at the competent state agencies.
Article
24. Dossiers for adoption in reality
1. Adopting
person must apply written request for adoption in reality and hand in to the
Commune-level People’s Committees in which such person permanent residing. In
the request, it demands to write clearly date, month, year arising adoption
relation in reality with signatures of at least two eyewitnesses.
2. Papers
enclosing with the written request comprise:
a) A copy of
identity card and inhabitant book of adopting 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) A copy of
marriage certificate of adopting person, if any;
d) The other
papers, documents evidencing about adoption, if any.
Article
25. Procedures for registration of adoption in reality
1. Within 15
days, from the date of receiving a complete and valid dossier, the
Commune-level People’s Committees assign civil status – judicial officers coordinating
with the Commune-level Public Securities to examine and verify; if adopting
persons and adopted persons still alive, parents-child relation still exist,
both having relation of care for, nurture, education in reality as parents and
children, the Commune-level People’s Committees shall register adoption.
2. When
registering adoption, both adopting and adopted persons must be in presence.
The civil status – judicial officers record in the book of adoption
registration and hand adoption certificate to the parties.
ITEM
5: ADOTION BETWEEN VIETNAMESE CITIZENS TEMPORARILY RESIDING OVERSEAS
Article
26. Dossiers for registration of adoption
1. Dossier of
adopting persons made 01 set, comprising the papers referred to Article 17 of
Law on Adoption. In case adopting persons reside overseas from 06 months and
above, judicial record sheet, health certificate, written certification of
marital status, accommodation status, economic condition of such persons may
granted by competent agencies of the country in which such persons residing.
2. Dossier of
adopted persons made 01 set, comprising the papers referred to points a, b, c
and case to case required to have correlative papers referred to point 1
clause 1 Article 18 of Law on Adoption. In case adopted persons residing
overseas from 06 months and above, health certificate and correlative papers
referred to point d clause 1 Article 18 of Law on Adoption may be granted by
the competent agencies of the country in which such persons residing.
...
...
...
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. Adopting
persons directly apply their dossier and of adopted persons at representative
agencies referred to in clause 3 Article 2 of this Decree.
2. Within 10
days from the date of receiving a complete and valid dossier, representative
agencies examine and collect concerned persons’ ideas on adoption. Examining
and collecting concerned persons’ ideas must assure requirements referred to in
Article 9 of this Decree.
3. If the parties
have enough conditions under provision in Article 14 of Law on Adoption, within
20 days, from the date of asking for concerned persons’ ideas, representative
agencies register adoption.
When registering
adoption, adoptive parents, natural parents, guardian and adopted persons must
be in presece. The representative agencies record in adoption regidtration book
and hand adoption certificate to the parties, together with sending written
information to Department of Child Adoption and Consular Department enclosing
with a copy of adoption certificate.
4. In case
dossier of adoption does not clear, need domestic agencies examine, verify,
representative agencies issue official letter enclosing a copy of dossier
sending to Department of Child Adoption, c/c to Consular Department to request
for verification.
Within 30 days
from the date of request receipt, Department of Child Department proposes
domestic concerned agencies to consider and decide, verify and reply to
representative agencies.
If refusing to
register, representative agencies issue written reply to adopting persons.
Article
28. Notification of the growth of adopted children and supervision for adoption
Within 03 years
from the date of handing over adopted children, adoptive parents are
responsible for sending report once every 06 months to the representative
agencies in which they residing of health, physical and mental conditions and
intergration of the adopted children with their adoptive parents and their
family and community; in case adoption continue to implement in Vietnam, within
this time, notification of the growth of adopted children comply with provision
in Article 23 of 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
29. Re-registration of adoption
1. Adoption
registerd at competent state agencies of Vietnam but both cilvil status book
and the original adoption registration certificate lost or ruined so that they
are unused, shall be reregisterd if both adoptive parents and adopted children
still alive at the time of reregistration.
2. The
Commune-level People’s Committees in which adoptive parents and adopted
children permanently residing or of place in which formerly registered
adoption, are competent to reregister adoption. Department of Justice in which
adoptive parents and adopted children permanently residing or of place
registered adoption, are competent to reregister foreign elemental adoption.
3. Persons have
demand for reregistration of adoption must hand written request for
reregistration of adoption. In case reregistration at the Commune-level
People’s Committees or Departments of Justice in which are not the places
formerly registered adoption, the written request must have commitment of
persons request for reregisttration for the faith of formerly registered
adoption and having signatures of at least two eyewitnesses.
4. Within 05
working days, from the date of receiving a complete and valid dossier,
president of the Commune-level People’s Committees signs and grant to
reregistration request person 01 original certificate of adoption.
For the case of
reregistration of foreign elemental adoption, Director of Department of Justice
submit to the Provincial-level People’s Committees for signing decision to allow
Vietnamese children to be adopted overseas to grant for reregistration request
persons.
5. In noting
item of the original copy of papers referred to clause 4 this Article and
adoption registration book must be written clearly that it is reregistered.
Article
30. Noting adoption registered at the foreign competent agencies
1. Vietnamese
citizens adopt Vietnamese children or foreign children registered at the
foreign competent agencies, regconized in Vietnam and noted in the adoption
registration book, except the case of violating provision in Article 13 of 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
3. Person has demand
for noting the registration of adoption must show to Departments of Justice the
original copy of adoption registration papers granted by foreign competent
agencies.
4. Departments
of Justice note the registration of adoption in the adoption registration
adoption book and grant for concerned persons papers confirming that they noted
such adoption.
Chapter III
PROCEDURES FOR GRANTING,
EXTENDING, MODIFYING AND REVOKING OPERATION LICENSES OF FOREIGN ADOPTION
AGENCIES IN VIETNAM
Article
31. Dossier of foreign adoption agencies for granting operation license in
Vietnam
1. Dossier of
foreign adoption agencies for granting operation license in Vietnam must
comprise:
a) A written
request of foreign adoption agencies for granting adoption operation license in
Vietnam;
b) Copy of its
charter, its operation regulation, or established document of foreign adoption
agencies;
c) Copy of
permission granted by competent agency of the country in which it is
established to operate in the foreign adoption domain in Vietnam.
...
...
...
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
đ) Evaluation
report on the social and legal workers knowledgeable about Vietnam’s law,
culture and society and international law on adoption;
e) Curriculumm
vitae, judicial record sheet, copy of diplomas, certificates of skill and
knowledge of head of foreign adoption agencies;
g) Curriculumm
vitae, judicial record sheet, copy of diplomas, certificates of skill and
knowledge of person expected to be head of foreign adoption agencies and
agencies’ written agreement deligating such person to be head of foreign
adoption agencies.
2. Dossier
referred to clause 1 this Article made in 02 sets and hand in at Department of
Child Adoption.
Article
32. Standards of the head of the foreign adoption office operating in Vietnam
1. Head of the
foreign adoption office operating in Vietnam must meet fully following
standards:
a) Being
Vietnamese citizen or foreign citizen; if he/she is Vietnamese citizen, he/she
must not govermential officers under provisions of laws;
b) Having good
morality;
c) Having no
former criminal, former violation, being not forbidden to go abroad, enter
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
2. One person
just may be head of one foreign adoption agency in Vietnam.
Article
33. Orders for granting license to the foreign adoption agencies operating in
Vietnam
1. Within 60
days, from the date of receiving a complete and valid dossier, Department of
Child Adoption examines, considers and decides dossier; interview to examine,
value standards of person expected to be head of Vietnam-based foreign adoption
agencies; examines, values conditions, skill and knowledge capability and
staff-force of foreign adoption agencies; reports to the Minister of justice
for suggesting Ministry of Public Security giving opinion.
2. Within 30
days, from the date of Ministry of Justice’s suggestion receipt, Ministry of
Public Security issiues written reply to Ministry of Justice.
3. Within 05
working days, from the date of Ministry of Public Security’s reply receipt,
Department of Child Adoption completes dossier, reports to Minister of Justice
for deciding to grant operating license of intercountry adoption activities in
Vietnam (hereinafter called as the Lisense) to the foreign adoption agencies
and inform to Ministry of Public Security, competent tax agencies for
coordinating to manage; in case of refusing to grant License, Department of
Child Adoption issue written information stating the reason to the foreign
adoption agencies.
4. License has
valid of not excess 05 years in the whole country from the date of issuance and
may be extended many times but once is not excess five years.
Article
34. Extending licenses
1. The foreign
adoption agencies granted license to operate in Vietnam if complying seriously
with provisions of laws, its License shall be extended.
2. Not excess 60
days before License is invalid, the foreign adoption agencies must send written
request for extending to Department of Child Adoption enclosing with License
and report of operation in Vietnam.
...
...
...
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. Within 15
days, from the date of Ministry of Justice’s suggestion receipt, Ministry of
Public Security issue written reply to Ministry of Justice.
5. Within 05
working days from the date of Ministry of Public Security’s written reply
receipt, Department of Child Adoption completes dossier, reports to Minister of
Justice for deciding to extend License and informs to Ministry of Public
Security, competent tax agencies for coordinating to manage; in case of
refusing to extend License, Department of Child Adoption issue written
information stating the reason to the foreign adoption agencies.
Article
35. Modifying Licenses
1. In case of
having change of the foreign adoption agencies’ name, address of head office in
the country in which such agencies found, Vietnam-based foreign adoption
offices, then such agencies must send written request to Department of Child
Adoption for suggesting to note changed contents.
Within 05
working days from the date of suggestion receipt for noting change, Department
of Child Adoption reports to Ministry of Justice for noting changed contens
into License; informs to Ministry of Public Security, competent tax agencies
for coordinating to manage.
2. In case of
changing head of foreign adoption agencies in Vietnam, the foreign adoption
agencies must send written request to Department of Child Adoption enclosing
with License and 02 sets of extected person to be head of foreign adoption
agencies in Vietnam referred to point g clause 1 Article 31 of this Decree.
Within 05
working days from the date of receiving a complete and valid dossier,
Department of Child Adoption considers and decides dossier, reports to Minister
of Justice for suggesting Ministry of Public Security giving opinion, enclosing
01 set of extected person to be head of foreign adoption agencies in Vietnam.
Within 15 days,
from the date of Ministry of Justice’s suggestion receipt, Ministry of Public
Security issue written reply to Ministry of Justice.
Within 05
working days from the date of Ministry of Public Security’s written reply
receipt, Department of Child Adoption reports to Minister of Justice for
allowing to change head of foreign adoption agencies in Vietnam, competent tax
agencies for coordinating to manage; in case of refusing the person expected to
be head of foreign adoption agencies in Vietnam, Department of Child Adoption
issue written information stating the reason to the foreign adoption agencies.
...
...
...
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 foreign
adoption agencies revoked License of foreign adoption activities in Vietnam
referred to provision in clause 3 Article 43 of Law on Adoption and the
specific provisions as follows:
a) The foreign
adoption agencies terminated operation in the country in which such agencies
found;
b) The foreign
competent agencies do not continue to grant license to such agencies to operate
in Vietnam;
c) The foreign
adoption agencies request for terminating its operation in Vietnam prior to the
time written in the License granted by Ministry of Justice;
d) Valid of
License terminated but the agencies do not request for extending or having written
request but not granted;
đ) Being striped
the righs of using License under Vietnamese laws.
2. The foreign
adoption agencies must hand in the License to Department of Child Adoption and
pay every outstandings amount (if any) to relative individuals, organizations,
agencies in Vietnam.
3. Department of
Child Adoption informs to the Ministry of Public Security, competen tax
agencies and the foreign competent agencies for revoking License.
Article
37. Management of the foreign adoption agencies operating in Vietnam
...
...
...
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. Ministry of
Justice guides, coordinates with Ministry of Public Security and the relative
ministries, branches, local implementing management of intercountry adoption in
Vietnam.
Chapter IV
ADOPTION REGISTRATION
FEE, LICENSE MODIFYING, EXTENDING, GRANTING FEE OF THE FOREIGN ADOPTION
AGENCIES, EXPENSES FOR SETTLING INTERCOUNTRY ADOPTION
Article
38. Principles for collecting, handing in, managing and using
1. Adoption registration
fee, license modifying, extending, granting fee of the foreign adoption
agencies are collecting source under the state budget.
2. Expenses for
settling intercountry adoption are an amount of money that foreigners not
permanently residing in Vietnam shall pay when they adopt children in Vietnam
for helping intercountry adoption’s settle down.
3. Total
collecting amount of money referred to provision in clause 1 and clause 2 this
Article must be hand in the account of collecting agencies opening at the State
Treasury for supervision and use upon provision.
The collecting
agencies are responsible for planning of calculating in advance annual
collecting, spending submit to competent agencies for approval and
implementation of liquidation and drawing the balancesheet under currency
regime.
ITEM
1: ADOPTION REGISTRATION FEE, LICENSE MODIFYING, EXTENDING, GRANTING FEE OF
FOREIGN ADOPTION AGENCIES
...
...
...
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
Adoption
registration fee referred to clause 1 Article 12 of Law on Adoption comprises
domestic adoption registration fee, intercountry adoption registration fee and
adoption registration fee at the representative agencies.
Article
40. Rate of adoption registration fee
Rate of adoption
registration fee is provided as follows:
1. Domestic
adoption registration fee is four hundred thousand dong (400.000 dong)/case.
2. Intercountry
adoption registration fee is nine million dong (9.000.000 dong)/case.
3. Adoption
registration fee at the representative agencies is three million dong
(3.000.000 dong)/case. This rate is exchanged into US Dollar or local currency.
Article
41. Competence for collecting adoption registration fee
1. Commune-level
People’s Committees collect domestic adoption registration fee.
2. Department of
Child Adoption collects intercountry adoption registration fee.
...
...
...
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
42. Objects paying adoption registration fee
1. Vietnamese
citizens permanently residing in Vietnam must pay domestic adoption
registration fee referred to provision in clause 1 Article 40 of this Decree
when applying dossier for registration of adoption at the Commune-level
People’s Committees.
2. Oversea-based
Vietnamese, foreigner not permanently residing in Vietnam must pay intercountry
adoption registration fee referred to provision in clause 2 Article 40 of this
Decree when applying dossier for registration of adoption at Department of
Child Adoption.
3. Vietnamese
citizens temporarily residing overseas must pay adoption registration fee
referred to provision in clause 3 Article 40 of this Decree when applying
dossier for registration of adoption at the representative agencies.
Article
43.Objects for exemption, reduction of adoption registration fee
1. Exempting
domestic adoption registration fee for the case stepfather or stepmother adopts
their stepchild; natural aunt, uncle, child’s father’s elder brothers adopt
their nephews, nieces; adopt children as provided in clause 1 Article 3 of this
Decree and adoption in the remote areas.
2. Reducing 50%
of rate of Intercountry adoption registration fee for the case that stepfather
or stepmother adopts their stepchild; natural aunt, uncle, child’s father’s
elder brothers adopt their nephews, nieces.
If adopting two
and above children are siblings, shall be reduced 50% of rate of Intercountry
adoption registration fee from the second child.
3. Exempting
adoption registration fee for the case of adoption registration in reality
referred to provision in Article 23, reregistration of adoption referred to
Article 29, recognition and noting of adoption registered overseas referred to
Article 30 of this Decree.
...
...
...
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
Commune-level People’s Committees and the representative agencies are used
adoption registration fee to serve for examining, considering and deciding
dossiers; directly collecting concerned persons’ ideas on adoption; supervising
and reporting situation of adoption and the other acts under laws.
2. Department of
Child Adoption is used 50% of rate of Intercountry adoption registration fee
referred to clause 2 Article 40 of this Decree to spend for the following
contents:
a) examining, considering
and deciding dossiers of adopting persons, collecting experts of psychology,
health service, family and society’s ideas to value wholly conditions of
adopting persons;
b) Forwarding
dossiers of adopting persons to Departments of Justice;
c) Comunicating,
sending documents, mail exchange with foreign competent agencies to settle
adoption;
d) Printing,
issuing brochure, papers, books of adoption;
đ) Gathering,
settling, counting and reporting data of foreign elemental adoption;
e) Gathering,
supervising, collecting and classifying to synthesize and valuing report of the
growth of children to be adopted overseas;
g) Buying
stationeries, office material, and necessary equipment concerned directly to
settling dossiers 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
i) Spending for
liquidating for individuals directly implement collection fee, comprise
salaries, wages, salary allowance and contribution amounts as provided
calculated based on salaries, wages other than expenses spending for
governmental officers received salaries from the State budget according to
provision regime.
3. Departments
of Justice are used 50% of rate of Intercountry adoption registration fee
provided in clause 2 Article 40 of this Decree to spend for the following
contents:
a) Examining,
considering and deciding dossiers of children allowed to be adopted;
b) Collecting
concerned persons’ ideas on allowing children to be adopted;
c) Introducing
children to be adopted overseas; collecting experts of psychology, health
service, family and society’s ideas to introduce children to be adopted;
d) Transferring
dossier introducing adopted children to the Ministry of Justice to inform to
adopting persons;
đ) Gathering,
settling, counting and reporting data of foreign elemental adoption;
e) Buying
stationeries, office material, and necessary equipment concerned directly to
settling dossiers of adoption.
Article
45. Rate of collecting, agencies collecting fees of granting, extending, modifying
licenses of the foreign adoption agencies
...
...
...
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
a) Fee for
granting license is sixty five million dong (65.000.000 dong)/license;
b) Fee for
extending license is thirty five million dong (35.000.000 dong)/once;
c) Fee for
modifying license is two million dong (2.000.000 dong)/once.
2. Department of
Child Adoption collects fee when foreign adoption agencies apply for granting,
extending, modifying license operating in Vietnam.
Article
46. Regime for using fee of granting, extending, modifying licenses of the
foreign adoption agencies
Fee of granting,
extending, modifying licenses of the foreign adoption agencies operating in
Vietnam is used to spend for following contents:
1. Receiving,
examining, considering and deciding dossiers of the foreign adoption agencies
apply for for granting, extending, modifying license operating in Vietnam.
2. Interviewing,
examining, valuing standards of capability and professional experience of the
person expected to be head of foreign adoption agencies in Vietnam.
3. Examining
conditions, capacity behaviour, legal capacity of foreign adoption agencies in
the country where such agencies found.
...
...
...
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. Supervising
report and directly examining the growth of Vietnamese children adopted
overseas.
Item
2: EXPENSES FOR SETTLING INTERCOUNTRY ADOPTION
Article
47. Rate of collecting, agencies collecting expenses for settling inter-country
adoption
1. Rate of
collecting expenses for settling inter-country adoption is fifty million dong
(50.000.000 dong)/case.
This amount of
money is not including expenses of services, traveling, accommodation, and
expenditures arising in reality that adopting persons pay direct, even expenses
for taking children abroad after being settled to be adopted.
2. Department of
Child Adoption is responsible for collecting expenses for settling intercountry
adoption.
Article
48. Objects of paying, exempting expenses for settling inter-country adoption
1. Foreigners
not permanently residing in Vietnam are responsible for paying expenses
for settling inter-country adoption when such persons agree to accept
Vietnamese children introduced to be adopted referred to provision in clause 3
Article 36 of Law on Adoption.
2. Foreigners
not permanently residing in Vietnam adopt children referred to clause 1 Article
3 of this Decree exempted paying expenses for settling inter-country 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. Collecting
agencies transfer 95% of rate of expenses referred to clause 1 Article 47 of
this Decree to provincial level budgets in order to upgrade quality of security
service, children care for in local, in which:
a) 70% of rate
of expenses referred to clause 1 Article 47 of this Decree are used to nurtur,
care for, educate children and improve conditions of infrastructure, equipments
serving for children’s demand and benefits;
b) 15% rate of
expenses referred to clause 1 Article 47 of this Decree are supplemented to
salary budget and upgrade professional skill to the nurturing centers’ staffs;
c) 5% rate of
expenses referred to clause 1 Article 47 of this Decree are used to verify
background of children to be adopted;
d) 5% rate of
expenses referred to clause 1 Article 47 of this Decree are used to complete
procedures and hand over adopted children.
Agencies,
organizations using expenses are responsible for using effectly and right
purpose part of expenses apportioned, to compile book to supervise and yearly
report to the Provincial level People’s Committee, together with sending to
Departments of Justice for collecting and classifying to synthetize to report
to Ministry of Justice.
2. Collecting
agencies are quoted 5% rate of expenses referred to clause 1 Article 47 of this
Decree to spend for collecting and transferring expenses; confirming and
granting receipt to the payers; compiling books to supervise, controlling use
these expenses for assuring its right purpose and effectedly; collecting and
classifying to synthetize and report publicly yearly about collecting, handing
in, using expenses for settling domestic adoption in the whole country under
provisions and suitable to international routine.
Chapter V
IMPLEMENTATION PROVISIONS
...
...
...
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. Dossier
adopting domestic children received by the Commune-level People’s Committee and
by representative agencies before January 01, 2011 but not yet settled, shall
continue to be settled under provisions of Marriage and Family Law year 2000,
Decree No. 158/2005/ND-CP dated December 27, 2005 of the Government on
management and registeration of civil status and the other relative
regulations.
2. Dossier
adopting intercountry children received by Department of Child Adoption and
notified to adopting persons about children having enough conditions to be
introduced to be adopted before January 01, 2011 but not yet settled, shall
continue to be settled under provisions of Decree No. 68/2002/ND-CP dated July
10, 2002 of the Government detailing and guiding to implement a number of
Articles of Marriage and Family Law on involving foreign marriage and family
relation and the other relative regulations.
3. Foreign
adoption agencies granted license for establishing Vietnam-based foreign
adoption office before January 01, 2011 operated in Vietnam till September 30,
2011; in case of continuing to operate in Vietnam, the foreign adoption
agencies must meet enough conditions and granted license for operation of
intercountry adoption in Vietnam under provisions of Law on Adoption and this
Decree.
Article
51. Annulling provisions on adoption in the relative Decrees
1. Anulling
chapter IV “Adoption” from Article 35 to Article 64, Article 71 and other
relative provisions on foreign elemental adoption in Decree No. 68/2002/ND-CP
dated July 10, 2002 of Government detailing and guiding to implement a number
of Articles of Marriage and family law on involving foreign marriage and family
relation.
2. Anulling
clauses 8, 9, 10, 11, 12, 13 of Article 2 and other relative provisions on
foreign elemental adoption in Decree No. 69/2006/ND-CP datedJuly 21, 2006 of
the government amending, modifying, supplementing a number of Articles of
Decree No.68/2002/ND-CP dated July 10, 2002 of the Government detailing and
guiding to implement a number of Articles of Marriage and family Law on foreign
elemental marriage and family relation.
3. Anulling
Articles from Article 25 to Article 28 and the other relative provisions on
order, procedure for adoption registration in Decree No.158/2005/ND-CP dated
December 27, 2005 of the Government on management and registration of civil
status.
4. Anulling
chapter IV “registration of adoption” from Article 15 to Article 17 in Decree
No. 32/2002/ND-CP dated March 27, 2002 of the Government providing on apply
Marriage and Family Law for the ethnic Minorities.
Article
52. Effect
...
...
...
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. Ministry of
Justice shall implement this decree./.
FOR
THE GOVERMENT
PRIME MINISTER
Nguyen Tan Dung