Vietnam's regulations on adoption procedures for foreign adoptees

By Hoa Nguyen

07/11/2024

This article provides detailed information about Vietnam's regulations on adoption procedures for foreign adoptees. From the legal requirements to the specific implementation process, the article helps readers better understand how to adopt foreign adoptees in an international context, ensuring the best rights and development for children.

Vietnam's regulations on adoption procedures involving foreign elements 1

The procedures for adopting foreign adoptees in 2024 are as follows:

Step 1: Submitting documents

- In the case of adopting a designated adoptee, the adoptive parent directly submits the documents to the Adoption Department.

- In the case of adopting an unspecified adoptee, the adoptive parent residing in a country that is a signatory to the international agreement on adoption cooperation with Vietnam submits the documents to the Adoption Department through the adoption organization licensed to operate in Vietnam;

- In the case where there is no licensed adoption organization in that country, the adoptive parent submits the documents to the Adoption Department through the country's diplomatic or consular mission in Vietnam.

Step 2: Document verification and confirmation

- The Department of Justice is responsible for verifying the documents and obtaining the consent of the birth parents of the adoptee within 20 days from the date of receiving valid documents

- If the birth father or mother is deceased, missing, incapacitated, or unidentified, the consent of the remaining parent is required; if both birth parents are deceased, missing, incapacitated, or unidentified, the consent of the guardian is required;

- In the case of adopting a child aged 9 and above as an adoptee, the consent of the child is also required.

Step 3: Confirmation by the Department of Justice and submission to the Ministry of Justice

Step 4: Verification and processing of the adoptive parent's file by the Ministry of Justice within 15 days from the date of receiving complete and valid documents.

- If the deadline expires without finding a domestic family to adopt the child, the adoptive parent's file will be transferred to the Department of Justice where the child is introduced as a domestic adoptee.

- In the case of a designated adoptive parent, the Ministry of Justice transfers the file to the Department of Justice where the person is introduced as a domestic adoptee for review and decision-making by the provincial People's Committee.

Step 5: Decision to adopt foreign adoptive children

Upon receiving notification from the Ministry of Justice, the Department of Justice submits the decision to the provincial People's Committee to adopt the child as a foreign adoptee.

Within 15 days from the date of receiving the file submitted by the Department of Justice, the provincial People's Committee decides to adopt the child as a foreign adoptee.

Immediately after the provincial People's Committee's decision to adopt the child as a foreign adoptee, the Department of Justice notifies the adoptive parent to come to Vietnam to receive the adoptee.

The adoptive parent must be present in Vietnam to directly receive the adoptee within 60 days from the date of receiving the notification from the Department of Justice.

Step 6: Adoption handover

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