Chương 1 Nghị định 19/2011/NĐ-CP hướng dẫn Luật Nuôi con nuôi: Những quy định chung

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides in detail for receiption, management, usage of humanitarian aids to nurture, care, and educate children in special circumstances upon Article 7; authority for the collecttion, rate, the exemption, reduction, usage and management regime of adoption registration fee, expenses for settling inter-country adoption arcording to Article 12; procedures of adoption settling between Vietnamese citizens and neighboring countries’ citizens permanently residing in border areas referred to Article 42; rate, usage and management regime of fee and procedures of granting, extending, modifying the operation licenses of foreign adoption agencies in Vietnam referred to Article 43; procedures for adoption registration between Vietnamese citizens before the date of January 01, 2011 but have not yet registered referred to Article 50 of Law on Adoption.

2. This Decree guides for implementation of a number of issues on competence, sequence, procedures for settling domestic adoption, adoption at the Vietnamese representative agencies in foreign country (hereinafter called as the representative agencies), adoption involving foreign factors under Article 9, 15, 17, 18, 20, 21, 22, 28, 30, 31, 32, 33, 34, 36 of Law on Adoption; re-registration and recognizatiom of adoption which was registered at competent agencies of foreign countries.

Article 2. Competence for adoption registration

Competence for adoption registration implemented in accordance with provision in Article 9 of Law on Adoption and the following specific provisions:

1. For domestic adoption, the People’s Committees of Commune, Ward, Township (hereinafter called as The Commune-level People’s Committees) of place in which adoptee permanently residing are competent to register adoption.

In case stepfathers or stepmothers allow their wife or husband’s step-children to be their adoptees; natural aunts, uncles allow their nephews, nieces to be their adoptees or having an agreement between adopting person and natural parents or guardian of children allowed to be adoptees, the Commune-level People’s Committees of place in which adopting persons permanently residing are competent to register adoption.

In case abandoned children who have not been sent to the nurturing centers be adopted, the Commune-level People’s Committees which made the confirming report on abandoned children’s status are competent to register adoption; in case children living in the nurturing centers be adopted, the Commune-level People’s Committees of place where the nurturing centers locate are competent to register adoption.

2. Regarding inter-country adoption, the People’s Committees of centrally-affiliated Provinces, Cities (hereinafter called the Provincial-level People’s Committees), in which the adopted persons are permanently residing shall decide to let such person to be adoptee; in case children living in the nurturing centers allowed to be adoptees, the Provincial-level People’s Committees of place where the nurturing centers locate shall decide to let such children to be adoptee.

Departments of Justice implements for inter-country adoption registeration after having the decision of Provincial-level People’s Committees.

3. Regarding adoption where the adopters and adoptees are Vietnamese citizens who temporarily residing oversea, the Representative agencies of place where the adopters or adoptees temporarily residing are competent to register adoption; in case both temporarily reside in the country where has no representative agency, the adopting persons may apply for adoption registration at a certain representative agency that is most convenient for them.

Article 3. Disable, dangerous disease children are specific adopted

1. Disable, dangerous disease children are specific adopted under provisions in point d clause 2 Article 28 of Law on Adoption include: children with cleft lip and clept palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; chidren with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; chidren with diseases requiring life-long treatment; chidren with other disabilities or dangerous disease which restricting the chances of adoption.

2. Children who are subjects provided in clause 1 of this Article, if they are inter-country adopted, shall be exempted form announcement procedures of finding a substitute family provided in point c, point d clause 2 of Article 15 and procedures of introducting children for adoption referred to provision in clause 1 Article 36 of Law on Adoption.

3. In case where there are not enough proofs to determine that children are subjects provided in clause 1 of this Article, the Department of Adoption under management of the Ministry of Justice (hereinafter called as Department of Adoption) shall collects opinions of the competent agencies under provision of Law on Disable People for disable children or of the medical experts for dangerous disease children.

Article 4. Receiption, management, and use of humanity assistance in order to nurture, care of, and educate children with disadvantaged circumstances

The humanitarian aids for nurturing, caring for and educating children in disadvantaged circumstances implemented referred to provision in Article 7 of Law on Adoption and the following specific provisions:

1. Domestic, foreign individuals, organizations encouraged to provide humanitarian aids for nurturing, caring for, and educating children in disadvantaged circumstances in Vietnam via programs, protective projects, care for, nurture of children in communities, nurturing centers; sponsor for children protective funds or other methods under the laws of Vietnam.

While providing for humanitarian aids, individuals, and organizations do not request the nurturing centers to give children for adoption; the nurturing centers do not commit to give children for adoption because they received humanitarian aids .

2. The Ministry of Labour, War invalids and Social Affairs guides, directs, supervises over the receiption, management, and usage of humanity aids to nurture, care for, and educate children in disadvantaged circumstances.

3. The foreign adoption agencies are authorized to operate in Vietnam shall not allowed to provide directly assistance to the nurturing centers that assigned to allow children to be overseas adopted.

Article 5. Time of valid of dossiers

1. The judicial record, health certificate, documents certifying of the family status, accommodation circumstances, economic conditions of domestic adopters referred to Article 17 of Law on Adoption and dossiers provided in point b, point đ clause 1 Article 21 of this Decree shall be valid if they are granted not excess 06 months, from the date of applying dossiers at the Commune-level People’s Committees.

2. The judicial record, health certificate, a completed questionnaire on psychology, family, income and property certificate of persons adopting Vietnamese children to be overseas adoptees referred to provision in Article 31 of Law on Adoption shall be valid if they are granted not excess 12 months, from the date of applying dossiers at the Department of Child Adoption.

3. The judicial record sheet of head of the foreign adoption agencies referred to point e and of the persons expected to be head of the foreign adoption agencies referred to point g clause 1 Article 31 of this Decree shall be valid if they are granted not excess 6 months, from the date of applying dossiers at the Department of Child Adoption.