THE MINISTRY OF
JUSTICE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 15/2014/TT-BTP
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Hanoi, May 20,
2014
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CIRCULAR
GUIDING THE FINDING
OF ALTERNATIVE FAMILIES OVERSEAS FOR CHILDREN WITH DISABILITIES, CHILDREN WITH
SERIOUS DISEASES, CHILDREN AGED 5 OR OLDER AND TWO OR MORE CHILDREN BEING
SIBLINGS WHO NEED ALTERNATIVE FAMILIES (*)
Pursuant to the June 17, 2010 Law on Adoption;
Pursuant to the Government’s Decree No.
19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Law on
Adoption;
Pursuant to the Government’s Decree
No.22/2013/ND-CP of March 13, 2013, defining the functions, tasks, powers and
organizational structure of the Ministry of Justice;
At the proposal of the General Director of the
Adoption Department;
The Minister of Justice promulgates the Circular
guiding the finding of alternative families overseas for children with
disabilities, children with serious diseases, children aged 5 or older, and two
or more children being siblings who need alternative families.
Chapter I
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Article 1. Scope of regulation and subjects
of application
This Circular guides the finding of alternative
families overseas for children with disabilities, children with serious
diseases, children aged 5 or older and two or more children being siblings who
need alternative families (below referred to as children with special care
needs).
Article 2. Children with disabilities or
serious diseases entitled to specific adoption
Children with disabilities or serious diseases
entitled to specific adoption include:
1. Children with disabilities or serious diseases
specified in Clause 1, Article 3 of the Government’s Decree No. 19/2011/ND-CP
of March 21, 2011, detailing a number of articles of the Law on Adoption.
2. Children with disabilities or serious diseases
for whom adoption opportunities are limited under Clause 1, Article 3 of Decree
No. 19/2011 /ND-CP, including children with hepatitis B or c, syphilis or
tuberculosis; children with only one ear or without earhole or without helix;
children with nystagmus, cataract or retinal detachment; children without arm
or leg, children with extra, missing or joined finger or toe; children with
hypothyroidism; children with esophageal atresia; children with anal stenosis
or hypertrophy; children with atopic dermatitis; children with asthma; children
with cerebral diseases; children with Down syndrome; children with mental
retardation and motor deficit, children with autism; children with epilepsy;
children with cryptorchidism; children with myotonic muscular dystrophy; and
children with other hernia.
3. Children with diseases requiring lifelong
treatment, children with other serious diseases as determined by doctors
specialized in such diseases; and children with other disabilities for whom
adoption opportunities are limited.
Chapter II
PROCEDURES FOR FINDING ALTERNATIVE FAMILIES OVERSEAS
FOR CHILDREN WITH SPECIAL CARE NEEDS
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1. When receiving or caring and nurturing children,
nurturing establishments shall make lists of children specified in Article 2 of
this Circular, children aged 5 or older or two or more children being siblings
together with their dossiers and consult provincial-level Labor, War Invalids
and Social Affairs Departments before sending them to provincial-level Justice
Departments.
2. Within 7 working days after receiving a list of
children with special care needs and their dossiers, a provincial-level Justice
Department shall send them to the Adoption Department of the Ministry of
Justice (below referred to as the Adoption Department) for the latter to
request foreign adoption offices to support in specialized medical examination
and health care and find alternative families overseas for children.
3. For children with disabilities or serious
diseases who are specifically adopted by overseas Vietnamese or foreign
residents overseas under Point d, Clause 2, Article 28 of the Law on Adoption,
provincial-level Justice Departments shall guide natural parents or guardians
of these children in making their dossiers and submitting them to
provincial-level Justice Departments.
Article 4. Support in health care and
specialized medical examination for children with special care needs who find
alternative families overseas
1. Foreign adoption offices shall notify the Adoption
Department of their support programs on health care and specialized medical
examination for children with disabilities and serious diseases, psychological
counseling and preparation of other necessary conditions for children aged 5 or
older or two or more children being siblings. These programs must clearly
describe the capacity to support children in terms of diseases and
disabilities, special needs of children aged 5 or older, and children being
siblings, qualifications of staff members in charge, preparatory work for
adopters and measures to monitor developments of adopted children.
2. When receiving lists of children with special
care needs together with their dossiers from provincial-level Justice
Departments, based on support programs of foreign adoption offices, the
Adoption Department shall request these offices to support specialized medical
examination and health care for children, give psychological counseling and
prepare necessary conditions for older children or children being siblings to be
adopted.
Article 5. Finding of alternative families
overseas for children with special care needs
1. While providing specialized medical examination
and health care support for children with disabilities and with serious
diseases, giving psychological counseling and preparing necessary conditions
for children aged 5 or older or two or more children being siblings who need
alternative families at the request of the Adoption Department, foreign
adoption offices shall find families wishing and meeting conditions to adopt
children.
2. When finding alternative families overseas for
children, foreign adoption offices shall provide full and detailed information
on the disabilities, diseases and special care needs of children and their
family circumstances and psychological and social conditions for adopters to
thoroughly consider their capacity to care for and nurture children before
submitting adoption dossiers.
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A dossier of a child with special care needs who
finds an alternative family overseas must comprise the papers specified in
Article 32 of the Law on Adoption and Clause 1, Article 14 of Decree No.
19/2011/ND-CP, and contain papers proving the child’s disabilities or diseases
and special care needs.
Article 7. Consultation of related persons
and verification of origin of children with special care needs who find
alternative families overseas
1. Within 7 working days after receiving dossiers
from nurturing establishments and concurrently sending the dossiers to the
Adoption Department under Clause 2, Article 3 of this Circular,
provincial-level Justice Departments shall examine children dossiers, consult
natural parents or guardians about intercountry adoption of their children
under Clause 1, Article 15 of Decree No. 19/2011/ND-CP, and request
provincial-level Public Security Departments to verify the origin of abandoned
children. Provincial-level Justice Departments’ written request for
verification must clearly state the priority in verification for children with
special care needs to ensure their best interests.
2. A provincial-level Public Security Department’s
written verification must clearly conclude the origin of an abandoned child
whose parents are unknown under Clause 1, Article 16 of Decree No. 19/2011
/ND-CP. In case the natural parents of a child are identified, the written
verification must clearly state their full names and places of residence for
the provincial-level Justice Department to consult them about intercountry
adoption of their child.
3. For children with disabilities or serious
diseases entitled to specific adoption under Point d, Clause 2, Article 28 of
the Law on Adoption, within 7 working days after receiving then dossiers from
natural parents or guardians, provincial-level Justice Departments shall
examine these dossiers and consult natural parents or guardians about
intercountry adoption of their children under Clause 1, Article 15 of Decree
No. 19/2011/ND-CP.
Article 8. Certification of eligibility for
intercountry adoption of children with special care needs
1. Within 7 working days after the deadline for
natural parents or guardians to change their mind about intercountry adoption
of their children under Clause 2, Article 15 of Decree No. 19/2011/ND-CP, if
the children are eligible for intercountry adoption and entitled to specific
adoption, provincial-level Justice Departments shall certify in writing their
eligibility for intercountry adoption.
2. Before certifying children’s eligibility for
intercountry adoption, if the children’s health records do not clearly show
their disabilities or diseases, provincial-level Justice Departments shall
request the children’s nurturing establishments or natural parents or guardians
to supplement such records and consult doctors specialized in the children’s
disabilities or diseases.
3. For abandoned children, provincial-level Justice
Departments shall certify in writing theft eligibility for intercountry adoption
within 7 working days after receiving written verifications of the origin of
abandoned children from provincial-level Public Security Departments.
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5. For children with disabilities or serious
diseases entitled to specific adoption under Point d, Clause 2, Article 28 of
the Law on Adoption, provincial-level Justice Departments shall send their
dossiers to the Adoption Department after certifying the children’s eligibility
for intercountry adoption.
Article 9. Dossiers of foreigners adopting
specific children with special care needs
1. A dossier of a foreigner adopting a specific
child with special care needs must comprise the papers specified in Clause 1,
Article 31 of the Law on Adoption and Article 13 of Decree No. 19/2011/ND-CP.
2. An adoption dossier must clearly state that the
adopter is psychologically ready, eligible in terms of economic and family
conditions and planned to care for and nurture the child with special care
needs.
3. For a person specifically adopting a child aged
over 5 or two or more children being siblings, the dossier must clearly state
the plan on psychological preparation and conditions for the child or children
to integrate into the new family, cultural and social environment.
Article 10. Submission of dossiers of
adoption of children with special care needs
1. Overseas Vietnamese and foreign residents
overseas adopting specific children with disabilities or serious diseases under
Point d, Clause 2, Article 28 of the Law on Adoption shall submit dossiers to
the Adoption Department under Clause 1, Article 17 of Decree No. 19/2011/ND-CP.
2. When finding families wishing to adopt children
with special care needs under Article 5 of this Circular, foreign adoption offices
shall submit dossiers of adopters to the Adoption Department.
3. Within 30 days after children are certified as
eligible for intercountry adoption, foreign adoption offices that have not
submitted dossiers under Clause 2 of this Article shall submit dossiers of
adopters to the Adoption Department for consideration and decision. In special
cases, the time limit for dossier submission may be extended to 60 days.
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Article 11. Appraisal of dossiers of
foreigners adopting specific children with special care needs
1. Within 15 days after receiving complete and
valid dossiers under Article 10 of this Circular, the Adoption Department shall
appraise dossiers of foreigners adopting specific children with special care
needs.
2. Based on children’s disabilities or diseases and
special care needs, the Adoption Department shall consider and assess the
families’ capacity to meet the special care needs of children to ensure
appropriate alternative families overseas for them.
Article 12. Notification of results of
finding alternative families overseas for children with special care needs
1. Within 7 working days after approving results of
finding alternative families overseas for children with special care needs or
after receiving children’s dossiers under Clause 5, Article 8 of this Circular,
the Adoption Department shall send notices of approval of specific adoption to
the concerned foreign central adoption agency and adopters.
2. Within 30 days after receiving a notice of the
Adoption Department, the adopter of a specific child or the foreign adoption
office shall send to the Adoption Department the adopter’s written agreement on
such adoption and the concerned competent foreign agency’s written permission
for the child’s entry into and residence in the country concerned. For children
with serious disabilities or diseases for which adopters need time to consult
doctors, the time limit for reply may be extended to 60 days.
Article 13. Decisions on intercountry
adoption of children with special care needs and delivery and receipt of
adopted children
1. Within 7 working days after receiving the
document specified in Clause 2, Article 12 of this Circular, the Adoption
Department shall forward the adopter’s dossier to the provincial- level Justice
Department of the locality of residence of the adopted child for submission to
the provincial-level People’s Committee for issuing an adoption decision.
2. Within 7 working days after receiving a dossier
from the Adoption Department, the provincial-level Justice Department shall
propose the provincial-level People’s Committee to decide on intercountry
adoption of a child.
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4. Within 7 working days after the provincial-level
People’s Committee issues a decision, the provincial-level Justice Department
shall notify the adopter to come to Vietnam to receive his/her adopted child.
Within 30 days after receiving the provincial-level Justice Department’s
notice, the adopter must be present in Vietnam to receive in person the adopted
child. For a plausible reason, the above time limit may be extended to no more
than 60 days.
Article 14. Cancellation of decisions on
intercountry adoption of children
1. An adopter may send to the Adoption Department a
written request for cancellation of the provincial-level People’s Committee’s
decision on intercountry adoption of a child when the child has not left
Vietnam if the adopter suddenly contracts a serious disease and thus cannot
nurture this child or the adopted child suffers a too serious disease and the
adopter is ineligible to nurture this child, or for another plausible reason.
2. The Adoption Department shall send a notice to
the provincial-level Justice Department for proposing the provincial-level
People’s Committee to consider canceling the decision on intercountry adoption
of a child.
Chapter III
IMPLEMENTATION PROVISIONS
Article 15. Effect
This Circular takes effect on July 5, 2014.
Article 16. Implementation responsibility
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2. The Adoption Department shall report any
problems arising in the course of implementation to the Minister of Justice for
timely guidance.-
FOR THE
MINISTER OF JUSTICE
DEPUTY MINISTER
Dinh Trung Tung
(*) Công
Báo Nos 575-576 (10/6/2014)