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THE COUNCIL OF MINISTERS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 145-HDBT
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Hanoi, April 29, 1992
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DECISION
ON
TEMPORARY REGULATIONS ON THE ADOPTION BY FOREIGN PEOPLE OF VIETNAMESE CHILDREN ORPHANED, ABANDONED, DISABLED
LIVING IN FEEDING INSTITUTIONS MANAGED BY THE LABOUR, INVALIDS AND
SOCIAL AFFAIRS AUTHORITIES
THE COUNCIL OF MINISTERS
- Basing upon the Law on organizing the Council of Ministers dated on
July 4, 1981,
- Basing upon the Law on Marriage and Family dated on December 29, 1986
- Basing upon the Law on Child Protection, Care and Education dated on August
12, 1991,
- Considering the proposal of the Minister for Labour, Invalids and Social
Affairs,
RESOLVES
Article 1
To issue the following Temporary
Regulations on the adoption by foreign people of Vietnamese children who are
orphaned, abandoned or disabled living
in the feeding institutions administered by the Labour, Invalids and Social
Affairs authorities.
Article 2
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Article 3
All Ministers, Chairmen of State
Committees, Heads of organizations under the Council of Ministers, Chairmen of
People's Committees of provinces and cities affiliated to the central
administration shall be responsible for implementing this Decision.
FOR THE COUNCIL OF MINISTERS
VICE CHAIRMAN
Phan Van Khai
TEMPORARY REGULATIONS
ON
PERMITTING FOREIGN PEOPLE TO ADOPT VIETNAMESE CHILDREN WHO ARE ORPHANED, ABANDONED, DISABLED BEING
INSTITUTIONALLY CARED BY LABOUR,
INVALIDS AND SOCIAL AFFAIRS AUTHORITIES
(Issued in accompany with the decision
no145/hdbt on april 29, 1992 by the council of ministers)
Chapter I
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Article 1
The adoption by foreign people
of Vietnamese children who are orphaned, abandoned, disabled should be
originated from the emotion of parents and children developing in the relations
between the adopted parents and the adopted children with the latter to be
secured of sufficient support, care and education.
Article 2
The foreign adopters should be
from 20 years older than the adopted children.
Article 3
The adopted falling into line
with the targets under Article 1 of the Regulations and being institutionally
cared by the Labour, Invalids and Social Affairs authorities comprise:
- Children being up to 15 years
old; children being over 15 years old can be accepted in case of disability.
- The adopted child can be over
15 years old in case the adopter is alone, old and weak.
Article 4
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Article 5
The People's Committees of the
provinces cities affiliated to the central administration where there are
institutions supporting the children under the Article 1 of this Regulations
should examine and issue the certification for the foreign people adopting
Vietnamese children within two months since the reception of complete dossier. In
case of refusal, the applicant should be informed of reasons.
Chapter II
CRITERIA FOR THE ADOPTION BY FOREIGN PEOPLE
Article 6
Foreign people who apply for the
adoption of Vietnamese children mentioned under Article 1 of this Regulations
shall send to the Ministry of Labour, Invalids and Social Affairs following
paper:
1. Written permit issued to the
applicant by relevant competent authorities of the country where the applicant
is bearing his/her nationality or is domiciled (the permit should indicate clearly the justifiable
objectives of the adoption).
2. The Health Certification
issued by foreign relevant authorities certifying that good health, mentality
and sufficient materials of the adopter are available to secure a good care,
education and decent physical, mental and moral development for the adopted
child.
3. The application sent to the
provinces, cities, affiliated to the central administration where there are
institutions supporting the children should indicate reasons for adoption, the
applicant's name, age and address (if the applicant is married, the application
should be signed by both the spouses); and name, age, address of the adopted child
as well as other requests.
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Above-mentioned paper in foreign
languages shall be translated into Vietnamese and their version shall be
certified by Vietnamese notary.
Article 7
Paper stipulated under positions
1 and 2 of the Article 6 are valid in 6
months since they are granted by local relevant authorities.
Article 8
After the application for
adoption is accepted, the applicant or his legal representative shall come to
Vietnam dealing with the Ministry of Labour, Invalids and Social Affairs on the
following formalities:
1. To produce the entry permit
for the adopted child into the country of the applicant.
2. To undertake to register the
name of the adopted child in a social organization (the government-sponsored
Non-Governmental organization) in the locality where the applicant is
domiciled.
3. To undertake to send annually
to Vietnamese Ministry of Labour, Invalids and Social Affairs information in
regulated form with photographs of the adopted child until she is 18 years old.
4. To undertake to secure decent
up-bringing for the adopted child; and if the adopted child is disabled, to
secure for him/her rehabilitation or orthopaedy to improve his/her ability.
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6. To cover all costs relating
to adoption formalities.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 9
The delivery of the adopted
child to the adopter is conducted, when the following paper are available:
1. The Certification of the
People's Committee of the provinces, cities affiliated to the central
administration upon the adoption of Vietnamese children by foreign people.
2. The Memorandum of
Understanding on handing over the adopted child to foreign people.
3. The commitments mentioned
under Article 8 of this Regulations.
4. The passport of the foreign
adopter.
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Article 10
The Ministry of Labour, Invalids
and Social Affairs set up a specialized unit with the function to follow up
Vietnamese children adopted by foreign people in conformity to Temporary
Regulations of the Decision No 145/HDBT.
Article 11
The Ministry of Labour, Invalids
and Social Affairs co-ordinates with the Ministries of Foreign Affairs,
Interior and Justice in providing instruction on implementing the Temporary,
Regulations.
Article 12
These Temporary Regulations
shall come into effect since the day of its promulgation.