ADOPTION OF CHILD BY FOREIGNERS IN VIETNAM
A foreigner wishing to adopt a Vietnamese child residing in Vietnam must file an application in accordance with the set form and send it to the Provincial People's Committee.
If the applicant is married, his/her application must have the consent of his/her spouse.
The following documents may be required with the application are the following papers:
- A copy of the birth certificate, or passport, or another valid paper of the applicant as substitute.
- A certificate not more than 6 months old of the authorized State institution of the country of which the applicant is a citizen, that the person concerned is qualified to bring up an adoptive child in accordance with the laws of that country, and that the adoption of Vietnamese children is recognized by that country;
- A certificate not more than 6 months old of a medical organization that the person concerned is in good health and not affected with mental or contagious diseases;
- A certificate not more than 6 months old that the person concerned has an annual income enough to ensure the bringing up of the adoptive child.
- A guarantee made in accordance with the set form certifying that every year he/she shall report to the Ministry of Justice, and also to the provincial People's Committee or the diplomatic or consular office which has issued the decision for the adoption of the child, on the growth process of the child until he/she is 18 years old; this report must be verified by the authorized agency of the country where the adoptive child resides;
- A copy of the birth certificate of the child to be adopted;
- A writ from the child's parents or tutor certifying that they agree to let the child be adopted by the foreigner concerned.
- With regard to children 9 years old and above, they must personally give their consent in writing to their adoption by a foreigner.
- In case of the adoption of a baby abandoned at a medical institution, a written consent of the head of that medical institution is essential.
The following conditions must be met for all documents requiring authentication:
- All seals and signatures must be originals.
- All dates must follow in chronological order on all certifications.
- All documents in other languages than English text must be accompanied by a certified (notarized) English translation.
- Whenever a copy is used, it must include a statement confirming that it is a true and correct copy.
- Public documents (birth, marriage and death certificates or divorce decision, etc.) should be certified by the custodian of those records (usually vital records offices in each state).
- The documents other than vital records must be acknowledge before a notary public and certified by the clerk of court of the county in which the notary is commissioned.
- All aforementioned documents then must be duly notarized and authenticated by the Consular Department of the Country's Ministry of Foreign Affairs.
It takes about seven working days for authentication and translation since the day of receipt of the papers.
When the papers are available with the adopting parent(s) he shall submit two sets and sent to the Juridical Service.
In submitting his/her dossier, the foreigner concerned must produce his/her passport or another valid paper as substitute.
Within 60 days after receiving the dossier, the provincial People's Committee shall decide whether or not to permit the foreigner concerned to adopt the child; if further verification is needed, the time-limit may be extended but by not more than 30 days.
If it refuses, the provincial People's Committee must notify the person concerned of the refusal in writing.
ORDER SETTLING THE ADOPTION
The order in settling the adoption of Vietnamese children in Vietnam by foreigners is as follows:
- After receiving the dossier and fee, the Juridical Service in cooperation with the Security Service shall check the dossier.
- Within 30 days after receiving the official request from the Juridical Service, the Security Service must give its answer in writing; if further verification is needed, the time-limit may be extended but by not more than 15 days.
- After receiving the written answer from the Security Service, the Juridical Service shall give its suggestion to the provincial People's Committee for decision.
- If the applicant is judged qualified to bring up an adoptive child and the adoption is beneficial to the child, the Chairman of the provincial People's Committee shall sign a decision allowing the foreigner concerned to adopt the child.
- The Juridical Service shall proceed with the delivery of the child within 7 days from the date the decision is signed allowing the adoption by the foreigner, unless otherwise requested by the applicant about the time limit, but the extension shall not exceed 3 months.
VIETNAM CITIZEN ADOPTING A FOREIGN CHILD
A Vietnam citizen who applies to adopt a foreign child residing in Vietnam must send an application in the prescribed form to the People's Committee of the province where this child resides.
If the applicant is a married man or woman, he/she must have the consent of his/her spouse stated in the application.
The application must be attached with the documents as applicable to foreigners adopting a Vietnam Child along with the following papers:
- A certificate by the People's Committee of the commune, ward or township where the applicant resides that he/she meets the conditions to adopt a child as prescribed by law.
- A written consent of the authorized agency of the country of which the child is a citizen, to allow him/her to be adopted by a Vietnamese citizen.
The application must be attached with the decision to recognize the adoption. These papers must be done in two sets and sent to the Juridical Service. Within 30 days after receiving the full dossier and the fee, the Juridical Service shall check the dossier and give its suggestion to the Provincial People's Committee for decision.
The Juridical Service shall hand over the decision to the concerned person and record it in the Register of Adoptions within seven days after the signing of the decision of recognition.
SETTLEMENT OF COMPLAINTS
In case the concerned person does not agree with the decision of the provincial People's Committee or the diplomatic or consular office, he/she may file a complaint to the Minister of Justice. The decision of the Minister of Just