Chương 2 Nghị định 19/2011/NĐ-CP hướng dẫn Luật Nuôi con nuôi: Quy định cụ thể về một số thủ tục giải quyết việc nuôi con nuôi

Chapter II

DETAILED PROVISIONS ON A NUMBER OF PROCEDURES FOR SETTLING ADOPTION

ITEM 1: DOMESTIC ADOPTION

Article 6. Having dossier and list of children in need of substitute families

1. In case of children living in the nurturing centers in need to find a substitute family but are not disable children, dangerous disease, the nurturing centers make dossiers and list of children (hereinafter called as the List 1) asking for the Departments of Labor, war Invalids and Social Affairs’ opinion before sending to the Departments of Justice to notify of finding substitute family for the chidren in the provincial area referred to point c clause 2 Article 15 of Law on Adoption.

2. in case of disable children, children with dangerous disease and children aged 5 year-old or older and two or more childrens are biological siblings need to find a substitute family, the nurturing centers make dossiers and a private list (hereinafter called as the List 2) asking for the Departments of Labor, war Invalids and Social Affairs’ opinion before sending to the Departments of Justice.

If children have enough conditions for adoption, the Departments of Justice shall confirm referred to provision in clause 1 and clause 2 Article 16 of this Decree and sending the aplication enclosing with the List 2 to the Departments of Child Adoption to notify to the adopter of child-specific adoption.

3. In case of children living in the nurturing centers adopted by Vietnamese citizens permanently domestic residing, the nurturing centers is responsible for providing 01 set of children’s dossier to the adopters and deleting such children’s name in the List provided in clause 1 or clause 2 this Article.

Article 7. The application dossier of the adopters

The application dossier of the domestic adopters shall be compiled 01 set includes documents provided in Article 17 of Law on Adoption. In case adopters and adoptees are not one of the cases provided in clause 3 Article 14 of Law on Adoption and not permanently reside together in a commune area, confirming of family circumstances, accomodation and economic conditions of adopters carried out as follows:

1. In case of adopting person applies for adoption registering at the Commune-level People’s Committees in which adopted children permanently reside, documents of family circumstances, accomodation and economic conditions of adopting persons shall be confirmed by the Commune-level People’s Committees in which such persons permanently reside.

2. In case of the adopting person applies for adoption registering at the Commune-level People’s Committees in which such person permanently resides, the civil status – judicial officers shall confirm family circumstances, accomodation and economic conditions of adopting persons.

Article 8. Responsibility for collecting concerned persons’ ideas on adoption

1. Collecting concerned persons’ ideas on adoption carried out referred to provision in Article 20 of Law on Adoption and directly by the civil status – judicial officers of the Commune-level People’s Committees in which adopted persons permanently reside.

2. In case adopting persons apply dossier for adoption registering at the Commune-level People’s Committees in which such persons permanently reside but in the same place the adopted children reside, the collecting concerned persons’ ideas on adoption carried out as follows:

a) In case of deligating civil status – judicial officers to go to collect directly, the Commune-level People’s Committees receiving applying shall send a written to request the Commune-level People’s Committees in which the adopted persons permanently reside for delegating their civil status – judicial officers to coordinate collecting concerned persons’ ideas.

b) In case of being unable to delegate civil status – judicial officers to go to collect directly, the Commune-level People’s Committees receiving dossiers shall send written request to the Commune-level People’s Committees in which the adopted children permanently reside for collecting concerned persons’ ideas.

Within 10 days, from the date of receiving the request of the Commune-level People’s Committees receiving dossiers, the Commune-level People’s Committees in which the adopted children permanently reside delegate their civil status – judicial officers to collect directly the concerned persons’ ideas and send result to the Commune-level People’s Committees requested.

3. Collecting ideas must be shown in writing and meet requirement as provided in clause 2 Article 9 of this Decree.

Article 9. Requirement of dossiers inspectation and collecting concerned persons’ ideas

1. While inspecting dossiers, the civil status – judicial officers must research, study the concerned persons’ innermost feelings, aspiration and circumstance. In case the adopted persons have natural parents still alive, the civil status – judicial officers inspect if the natural parents and adopting parents have agreement to keep rights, obligations toward their children and the method to carried out such rights, obligations after children were allowed to be adopted.

2. While collecting concerned persons following the provision in Article 20 and Article 21 of the Law on Adoption, the civil status – judicial officers must consult to help children continue be cared for, nurtured, educated which are suitable with the families’ conditions and real capabilities.

In case adoption to children is the last solution for their best benefits, the civil status – judicial officers must consult fully for concerned persons about adoption’s purpose; rights and obligations arising between adoptive parents and adopted children after adoption registering; the natural parents have no longer any rights, obligations toward their children upon provision in clause 4 Article 24 of Law on Adoption if the natural parents and adoptive parents have no other agreements.

3. If concerned persons have not awared fully, understood clearly about the consulted matters or influenced by psychology, health element had agreed to allow their children to be adopted, then wanted to change their decision after rethinking , within the limit time of 15 days from the date of being asked for their ideas, concerned persons must inform in writing to the Commune-level People’s Committees settling adoption dossiers. If this time is terminated, the concerned persons may not change their ideas for allowing children to be adopted.

Article 10. Procedures for registration of adoption

Procedures for registration of adoption are carried out referred to provision in Article 22 of Law on Adoption and the following specific provisions:

1. Registration for adoption is carried out in the office of the Commune-level People’s Committees. When registering adoption, adoptive parents, natural parents, the guardian or representative of the nurturing centers and adopted children must be in presence. The civil status – judicial officers record in the adoption registration book and hand the adoption certificates to the parties.

2. In case adoptees are abandoned children and record part about their parents in birth certificate and birth registration book keeping in the Commune-level People’s Committees is unfilled, based on the certificate of adoption, the civil status – judicial officers shall suplement the information of adoptive parents into parents record part in birth certificate and birth registration book of the adopted children; at the noting column in the birth registration book must be written clearly that they are adoptive parents.

3. In case of having agreement between adoptive parents and natural parents, together with the consent from the adopted children aged 9 year-old or older of changing record part of parents in birth certificate and birth registration book of the adopted children, the Commune-level People’s Committees of the places in which carried out birth registration for children shall carry out birth reregistration to the adopted children and revoke former birth certificate; at the noting column in the birth registration book must be written clearly that they are adoptive parents.

ITEM 2: INTERCOUNTRY ADOPTION

Article 11. The nurturing centers entitled to allow children to be inter-country adoptees

1. The nurturing centers entitled to allow children to be intercountry adoptees are the nurturing centers found and operated legally in Vietnam; having enough conditions to care, nurture, educate children under provision of law; having a staff force is enough standards of morality, skill and knowledge in the field of caring, nurturing, educating children and being well-informed about inter-country adoption field; being assigned by the Provincial-level People’s Committees to allow children to be intercountry adoptees.

2. The Departments of Labor, war Invalids and Social Affair is the main responsible unit for implementing, coordinating with the Departments of Justice and agencies, organizations found such nurturing centers to examine, value and report to the Provincial-level People’s Committees for considering, assigning the nurturing centers to be allowed children to be adopted overseas according to provision in this Article 1.

3. The Departments of Justice inform to the Department of Child Adoption about the list that the nurturing centers is allowed children to be adopted overseas, assigned for supervising and coordinating to manage by the Provincial-level People’s Committees.

Article 12. Announcement of list of countries exempted form consular legalization of papers and documents

The Consular Department under the Ministry of Foreign Affairs (hereinafter called as the Consular Department) is responsible for forming, updating and informing to the Department of Child Adoption about the list of countries exempted from consular legalization of papers and documents under treaties in which the Socialist republic of Vietnam is a contracting party or the reciprocity principle provided in Article 30 of Law on Adoption.

Article 13. Application of adopting persons

Vietnamese children adoption Application of an overseas Vietnamese, a foreigner permanently residing abroad must comprise papers, documents provided in clause 1 Article 31 of Law on Adoption.

When applying dossiers at the Department of Child Adoption, the adoptiing person incase of specific children as provided in clause 2 Article 28 of Law on Adoption must apply 01 set of dossier of adopted children and depend on each case, must have the following correlative documents:

1. Copy of marriage certificate of stepfather or stepmother with natural mother or father of adopted children.

2. Papers, documents proving that adopting persons are natural aunt, uncle of the adopted children.

3. Copy of Vietnam competence agency’s decision allows such person adopting Vietnamese children and papers, documents proving that such adopted children with the children introduced to be adoptees are biological siblings.

4. Papers, documents proving that adopted child is belong one of the cases provided in clause 1 Article 3 of this Decree.

5. Confirming document of the Commune-level People’s Committees or Public Securities of the adopting persons’s Vietnam residence and the other papers, documents proving that the adopting persons are the foreigners working, educating uninterruptedly in Vietnam for an at least 01 year period, counted to the date of application of dossiers at the Department of Child Adoption.

Article 14. Application of children to be adopted

Application of the adopted children must comprise papers, documents compiled as provided in Article 32 of Law on Adoption and the following specific provisions:

1. A summary of children’s characteristic, hobbies, habit. Have to write truthly information about health, disease status (if any), hobbies, daily habit need to be paid attention must be written faithfully to give an advantage to adopting persons in caring for, nurturing, educating child after being adopted.

In case stepfather or stepmother adopts their step child not comprising the above mentioned paper.

2. For children belong to the List 1, must have the following papers:

a) The Departments of Justice’s official letter enclosing with papers, documents of evidencing made notification to find a domestic substitute family for children referred to point c Article 15 of Law on Adoption;

b) The Department of Children Adoption’s verification official letter for terminating the notifying time referred to point d term 2 Article 15 of Law on Adoption but there is no domestic person adopting child.

Article 15. Responsibility for examining and collecting the concerned persons’ ideas on allowing children to be overseas adopted

1. Departments of Justice examine dossiers and assign officers directly collecting concerned persons’ ideas for allowing child to be overseas adopted referred to clause 1 Article 33 of Law on Adoption.

2. Examining dossiers and collecting ideas must meet requirements as provided in clause 1 clause 2 Article 9 of this Decree.

If concerned persons have not known fully, understood clearly about the matters consulted or affected by psychology, health element had agreed to allow their children to be adopted, wanted to change their decision after rethingking, within 30 days from the date of being asked for their ideas, the concerned persons must inform in writing to the Department of Justice of place settling adoption dossiers. If this time terminated, the concerned persons may not change their ideas for allowing children to be adopted.

Article 16. Requirements for confirming children having enough conditions to be overseas adopted

1. Before confirming children having enough conditions to be overseas adopted referred to provision in clause 2 Article 33 of Law on Adoption, the Departments of justice must consider and decide dossiers of children and cross-check with provisions on objects, age of children to be adopted, the case of specific adopting, the cases must be been through introduction’s procedure.

In cases of abandoned children allowed to be adopted overseas, must have verifycation and clear concluding official letter of the Provincial-level Public Securities about abandoned children’s background, cannot define their natural parents.

2. Verifying children having enough conditions to be adopted must ensure that children could meet enough requirements about age, specific adopted objects, objects must be through introduction’s procedures; dossiers must have enough duly legal papers.

3. In case of children of the List 1 having enough conditions to be adopted, the Departments of Justice must have confirming official letter with each case in detailing.

Article 17. Procedures for dossier application and receiption of the intercountry adopting persons

Procedures for dossier application and receiption of Vietnamese who immigrated to a foreign country, of Vietnamese children adopting, carried out upon provision in clause 3 Article 31 of Law on Adoption and provision specific as follows:

1. In case of specific children adoption, the adopting person applies dossiers directly at Department of Child Adoption. If having suitable reason for being not to apply dossiers directly at the Department of Child Adoption, adopting persons authorize in writing to their relatives permanently residing in Vietnam apply dossiers at Department of Child Adoption or send doddiers via post office by recorded delivery.

2. In case of non specific child adoption, the adopting person permanently residing in the country is contracting party of a treaty on coordinating adoption with Vietnam applies dossiers to the Department of Child Adoption via such country adoption agencies granted license for operating in Vietnam; If such country has not got adoption agencies granted license for operating in Vietnam, adopting persons applies dossiers to the Department of Child Adoption via the diplomatic representative agencies or the Consular agency of such country in Vietnam.

3. Department of Child Adoption considers, receives dossiers of adopting persons based on the quantity of Vietnamese children having enough conditions to be adopted overseas.

Article 18. Requirements for examining, appraising dossiers of intercountry adopting persons

Examining Vietnamese children adoption dossiers of Vietnamese who immigrated to in a foreign country, foreigners permanently residing overseas carried out upon provision in clause 1 Article 34 of Law on Adoption and provision specific as follows:

1. After receiving enough dossiers of adopting persons, the Department of Child Adoption, consider and appraise dossiers to define:

a) The adopting persons ensured by the competent agencies of the country in which they permanently residing that they meet enough conditions to adopt under such country’s regulations of laws;

b) The adopting persons meet enough conditions of adoption under regulations of Vietnamese laws.

2. When appraising the dossiers, if necessary, the Department of Child Adoption collects ideas of experts of psychology, health, family, society in order to define that adopting persons have the best conditions to care for, nurture, educate adopters.

3. Dossiers of the adopting persons approved if meeting enough conditions as provided in clause 1 and clause 2 of this Article; in case of disapproving, the Department of Child Adoption returns dossiers to the adopting person and state clear reasons in writing.

Article 19. Requirements for transferring dossier of adopting persons to Department of Justice for introducing children to be adopted

The Department of Child Adoption transfers dossiers of intercountry adopting persons to the Departments of Justice under provisions in clause 3 Article 34 of Law on Adoption. Dossiers transferring based on the quantity of children having enough conditions to be adopted overseas and the quantity of dossiers of adopting persons approved.

Article 20. Requirements for introduction of children for inter country adoption

The introduction of children for inter country adoption carried out under provisions in Article 35, Article 36 of Law on Adoption and specific provisions as follows:

1. Based on the local real situation, the Departments of Justice submit to the Provincial-level People’s Committees for issuing regulation of inter-field coordinating to consult of introduction children for inter country adoption which assure closely, objectively, suitably with children’s demand and best benefits.

2. After introducing of children for adoption, the Departments of Justice report to the Provincial-level People’s Committees to collect its opinion. In case the Provincial-level People’s Committees agree with the introduction of children for adoption, in the time of not excess 05 working days, from the date of the Provincial-level People’s Committees’ agreement, the Departments of Justice forward to the Department of Child Adoption a set of child’s dossier enclosing with agreement written of the Provincial-level People’s Committees. In case the Provincial-level People’s Committees disagree with the introduction of Departments of Justice, the Provincial-level People’s Committees shall inform clear reason in written for the Departments of Justice to implement reintroduction. After 03 months from the date of the Provincial-level People’s Committees’ disagreement but the Departments of Justice could not introduce, they must return dossiers of adopting persons to the Department of Child Adoption with written stating clearly the reason.

3. While examining the result of introducing children for adoption, the Department of Child Adoption may collect experts of psychology, health service, and family, society in order to consider and decide the result of introducing children to be adopted. If children have enough conditions to be adopted, the introduction of children to be adopted must make sure to comply with orders, procedures as provisions and meet children’s best benefits, the Department of Child Adoption notifies in writing to the adopting persons. In case children have not enough conditions to be adopted, the introduction of children to be adopted not comply with order, procedures as provisions and not meet children’s best benefits, the Department of Child Adoption report to the Minister of Justice for informing to the Provincial-level People’s Committees and Departments of Justice.

ITEM 3: FOREIGN ELEMENTAL ADOTION IN THE BORDER AREAS

Article 21. Procedures for settling foreigners residing in the neighboring countries’ border areas adopt children

1. The foreigners residing in the neighboring countries’ border areas adopting Vietnamese children permanently residing in the Vietnamese border areas must have written request for adoption enclosing with the following papers granted by the neighboring countries’ competent agencies:

a) A copy of passport or a valid substitute paper;

b) A judicial record sheet;

c) A official letter certifying of adopting person having enough conditions to adopt child under such country’s laws;

d) A written certification of the marital status;

đ) A health certificate;

e) Two newest pictures, posed fully, size 9 cm x 12 cm or 10 cm x 15 cm.

2. Papers provided in clause 1 this Article must be translated in to Vietnamese, made in 2 sets. Adopting persons must submit their 02 sets together with 02 sets of adopted children to the Commune-level People’s Committees in which adopted children permanently residing; each set of children comprises papers provided in Article 18 of Law on Adoption.

While applying dossiers, adopting person must present passport or substitute value papers to examine and pay adoption registration fee at the Commune-level People’s Committees under provision in clause 1 Article 40 this Decree.

3. Within 15 days, from the date of receiving a complete and valid dossier, the Commune-level People’s Committees examine, collect concerned persons’ ideas under provision in Article 9 this Decree and sending official letter to the Department of justice enclosing 01 set of adopting person and 01 set of child to ask for opinion.

4. Within 10 days, from the date of receiving official letter of the Commune-level People’s Committees, Department of justice considers dossiers for adoption and reply in writing to the Commune-level People’s Committees.

5. Within 05 working days, from the date of receiving agreement decision of the Department of justice, the Commune-level People’s Committees register adoption and organize to hand over adopted child referred to procedures provided in Article 10 of this Decree; in case the Department of justice disagrees, the Commune-level People’s Committees issues written reply and state clearly the reason to adopting persons.

Article 22. Procedures for settlingVietnamese citizens permanently residing in the border areas adopt children of neighboring countries residing in the border areas to be adopted

1. Vietnamese citizens permanently residing in the border areas adopt children of neighboring countries residing in the border areas must have enough conditions referred to Article 14 of Law on Adoption and conditions under the neighboring countries’ law.

2. Dossier for adoption must have papers, documents referred to Article 17 of law on Adoption and other papers, documents as provided under the neighboring countries’ law; number of dossier compiled under the neighboring countries’ law.

3. After completing dossier, adopting persons apply to Department of Justice. Department of Justice examines and confines if such person has enough conditions to adopt referred to Article 14 of Law on Adoption.

4. After registering adoption at the competent agencies of neighboring countries, adopting person must carry out the noting procedure at the Commune-level People’s Committees in which such person permanently residing.

ITEM 4:ADOTION IN REALITY BUT HAVE NOT YET REGISTERED

Article 23. Registration for adoption in reality

1. Adoption arose in reality between Vietnamese citizens but have not yet registered before the date of first of January, 2011, if it meets conditions referred to clause 1 Article 50 of Law on Adoption, shall be registered from January 01, 2011 to December 31, 2015 at the Commune-level People’s Committees in which adoptive parents and adopted child permanently residing.

2. Provision in the clause 1 this Article applied to Vietnamese citizens permanently residing in the border areas adopt children of neighboring countries before the date of first of January, 2011 but have not registered at the competent state agencies.

Article 24. Dossiers for adoption in reality

1. Adopting person must apply written request for adoption in reality and hand in to the Commune-level People’s Committees in which such person permanent residing. In the request, it demands to write clearly date, month, year arising adoption relation in reality with signatures of at least two eyewitnesses.

2. Papers enclosing with the written request comprise:

a) A copy of identity card and inhabitant book of adopting person;

b) A copy of identity card and birth certificate of adopted child;

c) A copy of marriage certificate of adopting person, if any;

d) The other papers, documents evidencing about adoption, if any.

Article 25. Procedures for registration of adoption in reality

1. Within 15 days, from the date of receiving a complete and valid dossier, the Commune-level People’s Committees assign civil status – judicial officers coordinating with the Commune-level Public Securities to examine and verify; if adopting persons and adopted persons still alive, parents-child relation still exist, both having relation of care for, nurture, education in reality as parents and children, the Commune-level People’s Committees shall register adoption.

2. When registering adoption, both adopting and adopted persons must be in presence. The civil status – judicial officers record in the book of adoption registration and hand adoption certificate to the parties.

ITEM 5: ADOTION BETWEEN VIETNAMESE CITIZENS TEMPORARILY RESIDING OVERSEAS

Article 26. Dossiers for registration of adoption

1. Dossier of adopting persons made 01 set, comprising the papers referred to Article 17 of Law on Adoption. In case adopting persons reside overseas from 06 months and above, judicial record sheet, health certificate, written certification of marital status, accommodation status, economic condition of such persons may granted by competent agencies of the country in which such persons residing.

2. Dossier of adopted persons made 01 set, comprising the papers referred to points a, b, c and case to case required to have correlative papers referred to point d clause 1 Article 18 of Law on Adoption. In case adopted persons residing overseas from 06 months and above, health certificate and correlative papers referred to point d clause 1 Article 18 of Law on Adoption may be granted by the competent agencies of the country in which such persons residing.

Article 27. Procedures for application and registration of adoption at the representative agencies

1. Adopting persons directly apply their dossier and of adopted persons at representative agencies referred to in clause 3 Article 2 of this Decree.

2. Within 10 days from the date of receiving a complete and valid dossier, representative agencies examine and collect concerned persons’ ideas on adoption. Examining and collecting concerned persons’ ideas must assure requirements referred to in Article 9 of this Decree.

3. If the parties have enough conditions under provision in Article 14 of Law on Adoption, within 20 days, from the date of asking for concerned persons’ ideas, representative agencies register adoption.

When registering adoption, adoptive parents, natural parents, guardian and adopted persons must be in presece. The representative agencies record in adoption regidtration book and hand adoption certificate to the parties, together with sending written information to Department of Child Adoption and Consular Department enclosing with a copy of adoption certificate.

4. In case dossier of adoption does not clear, need domestic agencies examine, verify, representative agencies issue official letter enclosing a copy of dossier sending to Department of Child Adoption, c/c to Consular Department to request for verification.

Within 30 days from the date of request receipt, Department of Child Department proposes domestic concerned agencies to consider and decide, verify and reply to representative agencies.

If refusing to register, representative agencies issue written reply to adopting persons.

Article 28. Notification of the growth of adopted children and supervision for adoption

Within 03 years from the date of handing over adopted children, adoptive parents are responsible for sending report once every 06 months to the representative agencies in which they residing of health, physical and mental conditions and intergration of the adopted children with their adoptive parents and their family and community; in case adoption continue to implement in Vietnam, within this time, notification of the growth of adopted children comply with provision in Article 23 of Law on Adoption.

ITEM 6: REREGISTRATION OF ADOPTION, RECONIZING OF ADOPTION REGISTERED AT THE FOREIGN COMPETENT AGENCIES

Article 29. Re-registration of adoption

1. Adoption registerd at competent state agencies of Vietnam but both cilvil status book and the original adoption registration certificate lost or ruined so that they are unused, shall be reregisterd if both adoptive parents and adopted children still alive at the time of reregistration.

2. The Commune-level People’s Committees in which adoptive parents and adopted children permanently residing or of place in which formerly registered adoption, are competent to reregister adoption. Department of Justice in which adoptive parents and adopted children permanently residing or of place registered adoption, are competent to reregister foreign elemental adoption.

3. Persons have demand for reregistration of adoption must hand written request for reregistration of adoption. In case reregistration at the Commune-level People’s Committees or Departments of Justice in which are not the places formerly registered adoption, the written request must have commitment of persons request for reregisttration for the faith of formerly registered adoption and having signatures of at least two eyewitnesses.

4. Within 05 working days, from the date of receiving a complete and valid dossier, president of the Commune-level People’s Committees signs and grant to reregistration request person 01 original certificate of adoption.

For the case of reregistration of foreign elemental adoption, Director of Department of Justice submit to the Provincial-level People’s Committees for signing decision to allow Vietnamese children to be adopted overseas to grant for reregistration request persons.

5. In noting item of the original copy of papers referred to clause 4 this Article and adoption registration book must be written clearly that it is reregistered.

Article 30. Noting adoption registered at the foreign competent agencies

1. Vietnamese citizens adopt Vietnamese children or foreign children registered at the foreign competent agencies, regconized in Vietnam and noted in the adoption registration book, except the case of violating provision in Article 13 of Law on Adoption.

2. Noting in the adoption registration adoption book carried out at Departments of Justice in which adoptive parents and adopted children permanently residing.

3. Person has demand for noting the registration of adoption must show to Departments of Justice the original copy of adoption registration papers granted by foreign competent agencies.

4. Departments of Justice note the registration of adoption in the adoption registration adoption book and grant for concerned persons papers confirming that they noted such adoption.