Can I be exempted from adoption registration fees in Vietnam?

1. Can I be exempted from adoption registration fees in Vietnam?

Pursuant to Article 3 of Decree 114/2016/ND-CP stipulating payers are as follows:

1. A Vietnamese national permanently residing in Vietnam that adopt a child being Vietnamese national permanently residing in Vietnam shall pay an amount of domestic adoption registration fee as prescribed in Point a Clause 1 Article 6 of this Decree upon the submission of application for adoption registration at a People’s Committee of commune.

2. A Vietnamese person residing in a foreign country or a foreigner permanently residing in a foreign country that adopts a child being Vietnamese national shall pay an amount of intercountry adoption registration fee as prescribed in Point b Clause 1 Article 6 of this Decree upon the submission of application for adoption registration at Adoption Department of the Ministry of Justice.

3. A foreigner permanently residing in Vietnam that adopts a child being Vietnamese national permanently residing in Vietnam shall pay an amount of adoption registration fee as prescribed in Point c Clause 1 Article 6 of this Decree upon the submission of application for adoption registration at the Ministry of Justice.

4. A foreigner residing in a border region of a neighbor country that adopts a Vietnamese child permanently residing in such border region of Vietnam shall pay an amount of adoption registration fee as prescribed in Point d Clause 1 Article 6 of this Decree upon the submission of application for adoption registration at a People’s Committee of commune.

5. A Vietnamese nation temporarily residing in a foreign country that adopts a child being Vietnamese national temporarily residing in Vietnam shall pay an amount of adoption registration fee as prescribed in Point dd Clause 1 Article 6 of this Decree upon the submission of application for adoption registration at a Vietnam’s overseas representative body.

6. An intercountry adoption agency shall, after issuance or extension of an operation license in Vietnam, pay an amount of fee as prescribed in Clause 2 Article 6 of this Decree upon the submission of application at Adoption Department of the Ministry of Justice.

Thus, at present, the adoption registration fee must be paid in accordance with the law. In some cases, the adoption registration fee will be exempted or deducted in Vietnam.

2. What are cases of exemption from and deduction in adoption registration fees in Vietnam?

According to Article 4 of Decree 114/2016/ND-CP, cases of exemption from and deduction in adoption registration fees are as follows:

1. Domestic adoption registration fees shall be exempted in one of the following cases:

a) A stepfather or stepmother adopts a stepchild of his/her spouse; or an aunt or uncle adopts a niece or nephew;

b) A person adopts one of the following children: Disabled children, HIV/AIDS infected children or children suffering fatal disease/illness as prescribed in the Law on adoption and guiding documents;

c) A people with meritorious services to the revolution adopts a child.

2. Intercountry adoption registration fees shall be deducted in one of the following cases:

a) A reduction of 50% in intercountry adoption registration fee shall apply to a stepfather or stepmother that adopts a stepchild of his/her spouse or an aunt or uncle that adopts a niece or nephew;

b) In case of simultaneously multiple adoption of biological brothers/sisters, a reduction of 50% in intercountry adoption fee shall apply to each of children excluding the first child;

c) In case of adoption falling into the both aforesaid cases prescribed in Point a and Point b of this Clause, the payer may select to apply the reduction in fees prescribed in either of those Points.

3. Exemption from adoption registration fees shall apply to the cases of re-registration of adoption as prescribed in law on adoption.

According to this Article, the above cases will be exempted and deducted in adoption registration fee in accordance with the law in Vietnam.

Best Regards!