What are requirements for confirming children having enough conditions to be overseas adopted in Vietnam?

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Question date: 23/03/2023

Hello Lawnet. I'm learning about regulations on adoption. I want to ask this question: What are requirements for confirming children having enough conditions to be overseas adopted in Vietnam? Thank you!

    • Pursuant to Clause 1 Article 7 of the Decree 24/2019/NĐ-CP amending Article 16 of the Decree 19/2011/NĐ-CP stipulating as follows:

      1. Before confirming that a child is eligible to be adopted abroad as stipulated in clause 2 of Article 33 in the Law on Child Adoption, the Department of Justice shall verify and assess child dossiers and collate them with regulations on eligibility and age of adopted children in case they are adopted nominally, or in case they are adopted through introduction procedures.

      In case an abandoned child is adopted abroad, the written document stating verification and clear conclusion of origin of that abandoned child, and confirming his/her real parents are not identified, must be presented.

      In case information about the real parents of an abandoned child is verified by the provincial Police and the Department of Justice contacts his/her real parents, the Department of Justice shall proceed to collect opinions from these real parents before confirming that they are eligible to be adopted.

      In case where it is impossible to contact the real parents, the Department of Justice shall have to post a notice at its office for a period of 60 days of receipt of verification results and concurrently send a request to the commune-level People’s Committee at the latest residence of the real parents for posting of a notice of placement of such child for adoption at its office. The duration for posting of such notice shall be 60 days from the date on which the commune-level People’s Committee receives the written request from the Department of Justice.

      2. The confirmation that a child is eligible to be adopted must strictly conform to the requirements concerning legal child age and persons eligible to adopt nominally and persons eligible to adopt through introduction procedures; the adoption dossier must fully include valid documents.

      In case where a child is eligible to be adopted, the Department of Justice must give the written confirmation in particular cases.

      3. After confirming that a child is eligible to be adopted abroad, the Department of Justice shall send the Child Adoption Department the written confirmation that the child is eligible to be adopted, the verification document of the provincial Police in case of an abandoned child, the document stating opinions from the real parents or guardians and opinions from the child aged nine years or older on the consent to adoption; in case a child is living in childcare centers, there must be the written document stating opinions from their directors about such adoption.

      Above are requirements for confirming children having enough conditions to be overseas adopted in Vietnam.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 16 of the Decree 19/2011/NĐ-CP Download
    • Article 7 of the Decree 24/2019/NĐ-CP Download
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