Today, LSX Lawfirm will give you an article about: “Competence to settle adoptions involving foreign elements in Vietnam”, as follows:
Legal grounds
Adoption Law 2010
Competence to settle adoptions involving foreign elements in Vietnam
So, the authority to register an adoption with foreign elements is specified in Article 9 of the Law on Adoption.
So, the People’s Committee of the province or centrally run city (hereinafter referred to as the People’s Committee of the province) of the place of permanent residence of the person introduced for adoption shall decide on the adoption with foreign elements;
Then, departments of Justice of provinces and centrally run cities register the adoption of children with foreign elements.
Representative missions of the Socialist Republic of Vietnam abroad register the adoption of Vietnamese citizens temporarily residing abroad.
Note:
The adopter must pay the adoption registration fee.
In addition to the adoption registration fee specified in Clause 1 of this Article, a foreigner who does not permanently reside in Vietnam who adopts a child in Vietnam must pay a sum of money to offset part of the foreign adoption settlement cost.
Adoption records with foreign elements
In case a foreigner does not permanently reside in Vietnam
To adopt a child in Vietnam, a foreigner who does not permanently reside in Vietnam needs to prepare the following documents:
- So, Application for adoption;
- Copy of Passport or valid alternative document;
- So Written permission to adopt a child in Vietnam;
- Psychological survey, family;
- So Written confirmation of health status;
- Documents certifying income and assets;
- So Judicial history card;
- Written confirmation of marital status.
Note:
- The above documents made by the competent authority of the country where the adopter permanently resides; issued or certified consular legalized when used in Vietnam; except for cases of exemption from consular legalization;
- The adopter’s dossier made in two sets and submitted to the Ministry of Justice through the central adoption agency of the country where the adopter permanently resides.
- In case asked by name; the adopter needs to have more documents proving that he/she falls into those cases;
You can also refer to the article related to Dossier for adoption under Vietnamese Law
In case a foreigner permanently resides in Vietnam
In case a foreigner permanently resides in Vietnam, the Vietnamese adoption papers include:
- Application for adoption;
- Copy of Passport, People’s Identity Card or a valid substitute document;
- Judicial history card;
- Written confirmation of marital status;
- Health certificate issued by a district-level health agency or higher;
- A written certification of family situation, accommodation status and economic conditions, issued by the People’s Committee of the commune where the adopter permanently resides, except for the case where the stepfather adopts the stepchild of the wife, the stepmother adopts the stepchild. adopted by her husband or adopted by her aunt, uncle, uncle or aunt.
Note:
The adopter’s dossier submitted to the Department of Justice where the person introduced for adoption permanently resides or can directly submit the dossier to the Ministry of Justice.
Related articles
- Regulations on conditions for adoption under Vietnamese
- Procedures for foreigners to adopt children in Vietnam
Related questions
Pursuant to the 2010 Law on Adoption:
The adoption approved by the biological parents of the person being adopted…; In case of adopting a child aged full 9 years or older, the consent of that child is still required.
An adopted child is another person’s child but adopted as a child by one or two persons who are husband and wife; and considered as biological children (not directly related by blood to the adoptive parents; and not carrying the genetics of the adoptive parents). Adoption aims to establish a long-term parent-child relationship; lasting, etc.
According to the provisions of Clause 3, Article 9 of Decree 19/2011/ND-CP guiding the Law on Adoption
“In case the people involved are not fully aware and do not understand the issues being consulted; or affected; affected by psychological factors; Health has agreed to the adoption of children and then wants to change his mind; within 15 days from the date of consultation; The concerned persons must notify in writing the People’s Committee of the commune where the adoption dossier is being handled. At the end of this time limit, the concerned persons must not change their mind about the adoption of children.
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