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MINISTRY OF
JUSTICE OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
10/2020/TT-BTP
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Hanoi,
December 28, 2020
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CIRCULAR
Promulgating and providing instructions for
completion, use, management and storage of adoption Registers and set forms of
adoption documentation and dossiers
Pursuant to the Law on Child Adoption dated
June 17, 2010;
Pursuant to Decree No. 19/2011/ND-CP dated
March 21, 2011 of the Government elaborating implementation of certain Articles
of the Law on Child Adoption; Decree No. 24/2019/ND-CP dated March 05, 2019 on
amendments to Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government
elaborating certain Articles of the Law on Child Adoption;
Pursuant to Decree No. 96/2017/ND-CP dated
August 16, 2017 of the Government on functions, tasks, powers and
organizational structure of the Ministry of Justice;
At the request of the Director of the
Department of Child Adoption;
The Minister of Justice hereby promulgates
and provides instructions for completion, use, management and storage of
adoption registers and set forms of adoption documentation and dossiers.
Article 1. Scope
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Article 2: Entities eligible for use of the
above-mentioned set forms of registers and documentation
1. Vietnamese citizens, Vietnamese people
residing in foreign countries, foreigners permanently residing in Vietnam and
foreigners permanently residing in foreign countries who have requests for
settling issues related to child adoption in Vietnam;
2. The People’s Committees at all levels;
3. Departments of Justice of provinces and
central-affiliated cities (hereinafter referred to as "Departments of
Justice”);
4. Overseas Vietnamese representative agencies;
5. Department of Child Adoption affiliated to
the Ministry of Justice;
6. Foreign adoption service providers that
applying for issuance, extension and modification of licences of foreign
adoption in Vietnam;
7. Other relevant individuals and organizations
as prescribed by the Law on Child Adoption.
Article 3: Promulgation of set forms of
registers and documentation
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a) 02 set forms of register (Appendix 1);
b) 07 set forms of documentation used for
application for domestic adoption (Appendix 2);
c) 14 set forms of documentation used for
application for intercountry adoption (Appendix 3);
d) 06 set forms of documentation used for
application for both domestic and intercountry adoption (Appendix 4).
2. Standards of sizes, colors and
specifications of set forms of registers and documentation are specified in the
Appendices enclosed herewith.
Article 4: Printing and publication of set
forms of registers and documentation
1. Set forms of registers and documentation
shall be updated on the web portal of the Ministry of Justice at
www.moj.gov.vn; Adoption registration agencies may access, print and use these
forms, except for set forms of registers and documentation prescribed in Clause
2 of this Article.
Set forms of adoption registers and
documentation printed by adoption registration agencies must be printed in good
black ink that will not smudge or fade.
2. The Ministry of Justice shall print
certificates of domestic adoption (both completed and blank certificates),
decisions on intercountry adoption (both completed and blank decisions),
licences of foreign adoption service providers to operate in Vietnam,
certificates of intercountry adoption appropriate to the Hague Convention and
adoption registers.
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3. Adoption registration agencies that are
using the common civil status management software pay directly print
information on the blank certificates of domestic adoption and decisions on
intercountry adoption which are approved by the Ministry of Justice.
4. Individuals and organizations undergoing
adoption processes (hereinafter referred to as "requesters") shall
print and use application forms, declaration forms and report forms on the web
portal of the Ministry of Justice at www.moj.gov.vn.
In case requesters cannot print application
forms, declaration forms and report forms by themselves, adoption registration
agencies shall print and provide them for the requesters free of charge.
Article 5. Completion and formatting of
adoption registers, registers for issuance, extension and modification of
licences of foreign adoption service providers in Vietnam and adoption
documentation
1. Justice - civil status officials of communes,
persons performing civil status-related works in the Departments of Justice of
districts, officials of Departments of Justice, diplomats, consuls and
officials of the Department of Child Adoption affiliated to the Ministry of
Justice who are handling adoption processes (hereinafter referred to as
“process handlers”) shall be responsible for completion of adoption registers
and documentation. The written content must be accurate and not be erased;
handwriting must be clear and legible; the adoption register and documentation
must not include abbreviations and be written in the same ink color; do not use
red ink.
Computers shall be used to enter information
into the registers for issuance, extension and modification of licences of
foreign adoption service providers to operate in Vietnam.
2. Last names, middle names and first names of
adoptive parents and adopted children must be capitalized according to their
identity cards/passports/birth certificates or other equivalent documents with
their photos and personal information granted by competent authorities.
3. The place of birth shall be the place
specified in the birth certificate of the adopted child.
4. The identity card field must include the
number, issuer and date of issuance of the valid identity card/passport or
another equivalent document with the photo and personal infomation issued by
competent authorities.
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5. The place of residence field shall be written
as follows:
a) If the adoptive parents are Vietnamese
citizens residing in Vietnam or foreigners permanently residing in Vietnam, the
permanent address including the commune, district and province must be filled
in. In case a step-child is adopted by the step-father or step-mother or
aunt/uncle, and there is no permanent address, the temporary address shall be
written; if both the permanent address and temporary address are not available,
the current address shall be written.
b) If the adoptive parent is a foreigner
permanently residing in a foreign country, the permanent address in the foreign
country shall be written. If a foreigner is working and studying in Vietnam
during at least 01 year, both the permanent address in the foreign country and
the temporary address in Vietnam shall be written.
c) The place of residence of the adopted child
shall be his/her permanent address, including the commune, district and
province. If the adopted child lives in an institution, the name and address of
the institution shall be written.
6. The adoption registration agency field shall
be written as follows:
a) If the domestic adoption is filed in Vietnam,
the commune, district and province of the place where the application is made
shall be specified.
b) If the domestic adoption is filed with an
overseas Vietnamese representative agency, the name of such agency shall be
specified (E.g. the Embassy of Vietnam in Berlin).
c) The district and province shall be specified
in the adoption register in case the adoption has been processed by a competent
foreign authority.
d) If the intercountry adoption is filed, the
name of the Department for Justice where the application is made shall be
written.
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1. During adoption application, if any error is
detected on an adoption document, the process handler must destroy such it and
make a new one instead of providing the rectified document.
2. During adoption application, if any error is
detected when completing the adoption register, the process handler must strike
through the wrong part and write the correct information above or next to it. Do
not write over or erase and write over the wrong text.
If any page is blank, the process handler shall
cross such page.
The remark column of the adoption register must
contain the corrected contents; date of correction; signature and full name of
the process handler.
The process handler shall be responsible for
reporting to the Head of the adoption agency the correction of errors.
The Head of the adoption registration agency shall be responsible for
inspecting and putting a seal to the corrected contents for confirmation.
The process handler shall not erase, rectify and
add any content without permission, thereby falsifying the content recorded in
the adoption documentation and adoption register.
3. After adoption
application, if any new error is detected on the adoption documentation or
adoption register due to the fault of the adopter or the adoption registration
agency, a correction must be made. The procedures for correction shall
comply with regulations of law on civil status correction.
Article 7. Storage and management of adoption
registers and dossiers
1. Adoption registers must be stored and
preserved permanently by adoption registration agencies to serve the people and
management of the state.
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3. The Department of adoption, overseas
Vietnamese representative agencies, the People’s Committees of communes and
districts, Departments of Justice shall be responsible for storage,
preservation and use of adoption registers and dossiers, dossiers on issuance,
extension and modification of licences of foreign adoption service providers in
Vietnam as prescribed by law; implementation of measures to prevent and control
storms, floods, fire, dampness and termites to ensure safety.
Article 8. Transition clauses
1. If the dossiers on domestic adoption,
dossiers on intercountry adoption, dossiers on issuance, extension and
modification of licences of foreign adoption service providers in Vietnam have
been received by competent regulatory agencies before the day on which this
Circular comes into force but they are still not processed completely, the set
forms of adoption documentation contained in these dossiers will continue to be
valid as prescribed in Circular No. 12/2011/TT-BTP dated June 27, 2011 of the
Ministry of Justice on promulgation and provision of instructions on
completion, storage and use of adoption forms and Circular No. 24/2014/TT-BTP
dated December 29, 2014 of the Ministry of Justice on amendments to certain
Articles of Circular No. 12/2011/TT-BTP.
2. Certificates
of adoption, decisions on sending intercountry adoption of Vietnamese children
and adoption registers made using the Forms enclosed with Circular No.
24/2014/TT-BTP dated December 29, 2014 of the Ministry of Justice which are
used in competent regulatory agencies may be used until the end of June 30,
2021.
Article 9. Effect
1. This Circular comes into force from February
26, 2021 and replaces Circular No. 12/2011/TT-BTP dated June 27, 2011 of the
Ministry of Justice on promulgation and provision of instructions on
completion, storage and use of adoption forms and Circular No. 24/2014/TT-BTP
dated December 29, 2014 of the Ministry of Justice on amendments to certain
Articles of Circular No. 12/2011/TT-BTP.
2. Form No. 01/BC/PTTE prescribed at Point a
Clause 2 Article 9 and Form No. 02/BC/VPCNNNg precribed in Clause 1 Article 10
of Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Ministry of
Justice on management of foreign adoption offices in Vietnam shall be
annulled.
3. During the period of implementation, any
difficulties should be promptly reported to Ministry of Justice for
consideration and instruction./.
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MINISTER
Le Thanh Long
APPENDIX 1
List of Registers
(Issued together with Circular No. 10/2020/TT-BTP dated December 28, 2020 of
the Minister of Justice of Vietnam)
No.
Name of
register
1
Adoption register
2
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The adoption register includes the following
technical and artistic specifications:
The register has the same size as A4 paper (210
x 297mm) with 100 pages.
The register has a hard cover added with a matte
lamination finish. Its primary color is green. The register is designed with
the pattern of the Ngoc Lu drum. The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM,
Độc lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the
top. The image of the national emblem of the Socialist Republic of Vietnam is
immediately below the text and above the phrase “BỘ TƯ PHÁP” ("MINISTRY
OF JUSTICE”) , with the size of 24 x 24mm. The name of the form is
capitalized, bold, has a red color and the font of 35-point size.
Pages in the register must be printed in 01
color on A4 white paper with thickness of 70gsm or more; 12-point Times New
Roman and Unicode shall be used.
Requirements for the register for issuance,
extension and modification of the licence to operate of the foreign adoption
service provider in Vietnam:
The register must be printed and bound into a
book, so that it is firm, capable of long-term use, without damage to the back
and pages of the register.
The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM,
Độc lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the
top. The phrase “BỘ TƯ PHÁP” ("MINISTRY OF JUSTICE”) is immediately
below the text. The name of the form is capitalized, bold and has the font of
35-point size.
APPENDIX 2
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No.
Name
of documentation
1
Completed certificate of domestic adoption
2
Blank certificate of domestic adoption
3
Extracted copy of domestic adoption record
4
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5
Application for domestic adoption of the child
living at the institution
6
Written certification of family situation,
housing condition and financial capacity of adopter
7
Report on development of domestically adopted
child
The completed certificate of domestic
adoption includes the following technical and artistic
specifications:
The certificate is printed in 01 color on A4
white paper (210 x 297mm) with thickness of 120gsm; and uses 4/1 color offset
printing . The main content is printed on the front of the certificate with a
sunken pattern. An image of Ngoc Lu drum with the map drawing of Vietnam,
Truong Sa, Hoang Sa, archipelagos, and other small islands on the drumheads is
in the middle of the pattern. The star-shaped location on the map is Hanoi.
Outside of the drum, there is a pattern background which is framed by a
decorative border. The decorative pattern background is coloured by appropriate
colors.
When drafting the main content, 12-point Times
New Roman and Unicode, 21,5-point line spacing shall be used; the text field is
23mm from the edge of the paper on both sides, 12.8mm from the top edge and
18mm from the bottom edge. The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc
lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the
top. The image of the national emblem of the Socialist Republic of Vietnam is immediately
below the text, with the size of 20 x 20mm. The name of the form is
capitalized, bold, has a red color and the font of 22-point size.
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The blank certificate of
domestic adoption includes the following technical and artistic
specifications:
It is the color print template according to the
above-mentioned specifications.
APPENDIX 3
LIST
OF SET FORMS OF DOCUMENTATION PROVIDED FOR INTERCOUNTRY ADOPTION APPLICATION
(Enclosed with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the
Minister of Justice)
No.
Name of
documentation
1
Completed decision on intercountry adoption
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Blank decision on intercountry adoption
3
Extracted copy of intercountry adoption record
4
Certificate of intercountry adoption in
accordance with the Hague Convention
5
Written certification of child’s availability
for foreign adoption
6
Document on noticeable characteristics of
interests and habits of child relinquished to be adopted child
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Application for Vietnamese child intercountry
adoption (this application is used for adoption of a step - child or
biological niece/nephew and is written in Vietnamese and English)
8
Application for Vietnamese child intercountry
adoption (this application is used for adoption of a child living in
institution and is written in Vietnamese and English)
9
Application for issuance, extension and
modification of the license of foreign adoption service provider in Vietnam,
which is written in Vietnamese and English
10
Licence to operate of foreign adoption service
provider in Vietnam
11
Report on development of an adopted Vietnamese
child in intercountry adoption, which is written in Vietnamese and English)
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Report on the operation of foreign adoption
service provider in Vietnam, which is written in Vietnamese and English
13
Extracted copy of the entry of the adoption
process handled by the competent authority of the foreign country
14
Extracted copy of the entry of the adoption
processed handled by the competent authority of the foreign country
Completed decision on intercountry adoption
and certificate of intercountry adoption in accordance with the Hague
Convention include the following technical and artistic specifications:
The certificate is printed in 01 color on
A4 white paper (210 x 297mm) with thickness of 120gsm; and use 4/1 color offset
printing . The main content is printed on the front of the certificate with a
sunken pattern. An image of Ngoc Lu drum with the map drawing of Vietnam,
Truong Sa, Hoang Sa archipelagos and other small islands on the drumheads is in
the middle of the pattern. The star-shaped location on the map is Hanoi. There
is a patterned background which is framed by decorative borders at the outside
of the drum. The decorative pattern background is coloured by appropriate
colors.
When drafting the main content, 13-point Times
New Roman and Unicode, 21.5-point line spacing shall be used; the text field is
23mm from the edge of the paper on both sides, 12.8mm from the top edge and
18mm from the bottom edge. The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc
lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the
top. The image of the national emblem of the Socialist Republic of Vietnam is
immediately below the text, with the size of 20 x 20mm. The name of the form is
capitalized, bold, has a red color and the font of 22-point size.
Blank decision on intercountry adoption
includes the following technical and artistic specifications:
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APPENDIX 4
LIST
OF SET FORMS OF DOCUMENTATION PROVIDED FOR BOTH DOMESTIC AND INTERCOUNTRY
ADOPTION APPLICATION
(Enclosed with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the
Minister of Justice)
No.
Name of
documentation
1
Declaration on adoption re-application
2
Report on child adoption
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Consultation document on consent to adoption
of child’s biological parents and guardian
4
Written consent of the head of the institution
to child adoption
5
Consultation document on consent of the
adopted child aged at least 09 to adoption
6
Written notification of failure to find
domestic family substitute for the child