Today, LSX Lawfirm will give you an article about: “Records of children adopted under Vietnamese law”, as follows:
Legal grounds
Adoption Law 2010
Records of children adopted under Vietnamese law
The application made in 03 sets, including the following papers:
- So, Birth certificate;
- Health certificate issued by a district-level health agency or higher;
- So Two full body photos, looking straight ahead, taken within 6 months;
- A written certification made by the People’s Committee or the commune-level police station where the abandoned child discovered, for abandoned children;
- So the death certificate of the biological father or mother or a decision of the Court declaring the biological father or mother of the child to be dead, for orphaned children;
- Court’s decision declaring the natural father or mother of the person introduced for adoption missing, for the person introduced for adoption whose natural father or mother is missing;
- Court’s decision declaring that the biological father or mother of the person introduced for adoption loses the civil act capacity for the person introduced for adoption but the biological father or mother loses the capacity for civil acts;
Order and procedures for adoption
So, within 30 days from the date of receipt of the adopter’s application; The Department of Justice considers and introduces children for adoption (except in the case of adoption by name).
So, within 10 days from the date of receipt of the dossier by the Department of Justice; if the People’s Committee of the province agrees, it shall issue a notice to the Department of Justice to carry out the procedures for transferring the dossier to the Ministry of Justice; in case of disagreement, reply in writing and clearly state the reason.
Coordination between the Ministry of Justice and the Department of Justice
Within 30 days from the date of receipt of the report on the results of introducing the child for adoption; The Ministry of Justice does the following:
Check the introduction of children for adoption; if valid, make an assessment that Vietnamese children are eligible for foreign adoption;
So, notify the competent authority of the country where the adopter is permanently residing.
So, within 15 days from the date of receipt of a written notice from the competent authority of the country where the adoptee received about the adopter’s consent for the introduced child, certifying that the child adopted. the child allowed to enter and permanently reside in the country where the child adopted; The Ministry of Justice notifies the Department of Justice.
Then, after receiving the notice of the Ministry of Justice, the Department of Justice shall submit it to the People’s Committee of the province to decide on the adoption of children abroad. Within 15 days from the date of receipt of the dossier submitted by the Department of Justice; Provincial-level People’s Committees decide to allow children adopted abroad.
The Department of Justice notifies the adopter to come to Vietnam to adopt the child.
You can also refer to the article related to Dossier for adoption under Vietnamese Law or Regulations on conditions for adoption under Vietnamese
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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