What is the procedure for introducing foreign children as adopted children in Vietnam?

According to the regulations in Article 36 of the Adoption Law, the procedure for introducing foreign children as adopted children is as follows:

1. Within 30 days from the date of receiving the application of the adoptive parents, the Department of Justice will consider and introduce the children as adopted children based on ensuring the conditions prescribed in Article 35 of this Law and report to the provincial People's Committee. Within 10 days from the date of receiving the application submitted by the Department of Justice, if the provincial People's Committee agrees, they will inform the Department of Justice to transfer the files to the Ministry of Justice; if not, they will respond in writing and state the reasons.

Before the Department of Justice considers and introduces foreign children as adopted children, if there are domestic applicants for adopting the children, they should contact the commune-level People's Committee where the children reside to consider and resolve the matter; if the adoption has been completed, the commune-level People's Committee will report to the Department of Justice to terminate the introduction of foreign children as adopted children.

2. Within 30 days from the date of receiving the report on the outcome of the introduction of adopted children, the Ministry of Justice will inspect the introduction of adopted children, if it is valid, they will assess whether the Vietnamese children are eligible to be adopted by foreigners and inform the competent authority of the foreign country where the adoptive parents reside.

3. Within 15 days from the date of receiving the letter from the competent authority of the foreign country where the adoptive parents reside informing the consent of the adoptive parents for the introduced children, confirming that the children will be allowed to enter and reside in the country where they are adopted, the Ministry of Justice will inform the Department of Justice.

The adoptive parents are not allowed to have any contact with the birth parents, guardians, or child care facilities before receiving the notification of the introduction of the children as adopted children, except in cases specified in Clause 2 of Article 28 of this Law.

4. If the adoptive parents refuse to accept the introduced children as adopted children without valid reasons, the processing of the adoption application of that person will be terminated.

2. After introducing the children as adopted children, the Department of Justice reports to the provincial People's Committee for opinions. If the provincial People's Committee agrees to the introduction of the children as adopted children, within a period not exceeding 5 working days from the date of agreement by the provincial People's Committee, the Department of Justice will transfer the child's file to the Adoption Department along with the consent of the provincial People's Committee. If the provincial People's Committee does not agree with the introduction by the Department of Justice, the provincial People's Committee shall clearly state the reason in writing for the Department of Justice to reintroduce. After 3 months from the date the province's People's Committee disagrees and the Department of Justice fails to reintroduce, the Department of Justice must return the adoption application of the adoptive parents to the Adoption Department along with a written explanation.

3. While examining the results of resolving the adoption according to the provisions of Clause 2 of Article 28 and Clause 2 of Article 36 of the Adoption Law, the Adoption Department may seek opinions from experts in psychology, healthcare, family, and society. If the children are deemed eligible for adoption abroad, the resolution for the children to be adopted ensures compliance with the prescribed procedures and regulations and meets the best interests of the children, the Adoption Department will notify the adoptive parents in writing, the competent central authority of the foreign country concerned along with an assessment report on the eligibility of the children for adoption abroad and a document seeking the opinion of the birth parents, guardians, and children above the age of nine regarding the agreement for the children to be adopted; in case the children live in a child care facility, a document seeking the opinion of the Director of the child care facility regarding the adoption of the children must be obtained. In cases where the children are not eligible for adoption, the resolution for the children to be adopted does not ensure compliance with the prescribed procedures and does not meet the best interests of the children, the Adoption Department will notify the Department of Justice.

Regulations on the procedure for introducing international adoptees in Vietnam