Learn about foreign adoption regulations in Vietnam

Foreign adoption is the adoption of children between Vietnamese citizens and foreigners, between foreigners residing in Vietnam, between foreigners residing in Vietnam, between Vietnamese citizens residing abroad. According to Article 4 of the Adoption Law, when resolving the adoption of children, the rights of children to live in their original family environment must be respected. Adoption must ensure the rights and legal interests of both the adoptee and the adoptive parent, voluntary, equal, non-discriminatory, in accordance with the law and social ethics. Only allow foreign adoption when a suitable alternative family cannot be found domestically.

1. How are cases of foreign adoption regulated?

Article 28 of the Adoption Law regulates cases of foreign adoption as follows:

1) Vietnamese nationals residing abroad, foreigners residing in the country who are members of an international adoption agreement with Vietnam adopt Vietnamese children.

2) Vietnamese nationals residing abroad, foreigners residing in the country shall adopt designated adoptees in the following cases:

a) Foster father, stepmother of the adoptee;

b) Aunt, uncle, cousin, paternal or maternal cousin of the adoptee;

c) A sibling of the adoptee;

d) Adopting children with disabilities, HIV/AIDS, or other serious illnesses;

e) A foreigner working or studying in Vietnam for at least one year.

3) Vietnamese citizens residing in the country may adopt foreign children.

4) Foreigners residing in Vietnam may adopt children in Vietnam.

2. What conditions must foreign adoptive parents meet?

Article 29 of the Adoption Law stipulates the conditions for foreign adoptive parents as follows:

1) Vietnamese nationals residing abroad, foreigners residing in the country must meet all the conditions stipulated by the laws of the country of residence and Article 14 of the Adoption Law to adopt Vietnamese children.

2) Vietnamese citizens adopting foreigners must meet all the conditions stipulated in Article 14 of the Adoption Law and the laws of the country where the adoptee resides.

Documents in the adoption file of the adoptive parent, the file of the foreign adoptive organization established by the competent authority of the foreign country must be legalized when used in Vietnam, except for cases exempt from consular legalization under international agreements that the Socialist Republic of Vietnam is a member of or on the principle of reciprocity.

4. How are adoption files with foreign factors and the validity period of documents in adoption files with foreign factors regulated?

Article 31 of the 2010 Adoption Law regulates the adoption files as follows:

1) The adoption file of Vietnamese nationals residing abroad, foreigners residing in the country must include the following documents:

a) Adoption application form;

b) Copy of passport or other valid document;

c) Permission letter for adoption in Vietnam;

d) Psychological and family investigation document;

e) Health confirmation document;

f) Income and property confirmation document;

g) Criminal record certificate;

h) Marital status confirmation document;

i) Proof of eligibility as specified in Article 28.2 of this Law.

2) The documents specified in clauses b, c, d, e, g, and h of this Article must be issued, issued, or certified by the competent authority of the country where the adoptee resides.

3) The adoption file must be prepared in duplicate and submitted to the Ministry of Justice through the central adoption agency of the adoptee's country of residence; in cases of designated adoption as specified in Article 28.2 of this Law, the adoptive parent may directly submit the adoption file to the Ministry of Justice.

* Article 5.2 of Decree No. 19/2011/NĐ-CP (amended, supplemented) stipulates the validity period of documents in the file as follows:

The criminal record certificate, health status confirmation document, psychological and family investigation document, income and property confirmation document of the foreign adoptive parent adopting Vietnamese children according to Article 31 of the Adoption Law is valid for not more than 12 months from the date of submission of the dossier to the Adoption Department.

* Article 17 of Decree No. 19/2011/NĐ-CP (amended, supplemented) stipulates: procedures for submitting and receiving dossiers of Vietnamese nationals residing abroad, foreigners residing in the country to adopt Vietnamese children are carried out according to the provisions of Article 31 of the Adoption Law and in detail as follows:

1) In case of designated adoption, the adoptive parent directly submits the dossier to the Adoption Department. If there is a justifiable reason that prevents the direct submission of the dossier to the Adoption Department, the adoptive parent may authorize in writing a relative residing in Vietnam to submit the dossier to the Adoption Department or send the dossier to the Adoption Department via registered mail.

2) In the case of non-designated adoption, the adoptive parent residing in the country, who is a member of an international adoption agreement with Vietnam, submits the dossier to the Adoption Department through the foreign adoption organization licensed to operate in Vietnam; if that country does not have a licensed foreign adoption organization in Vietnam, the adoptive parent submits the dossier to the Adoption Department through the diplomatic or consular mission of that country in Vietnam.

3) The Adoption Department reviews and accepts the dossier of the adoptive parents based on the number of Vietnamese children eligible for adoption in foreign countries.

Understanding the regulations on foreign adoption in Vietnam

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