Chương 3 Nghị định 19/2011/NĐ-CP hướng dẫn Luật Nuôi con nuôi: Thủ tục cấp, gia hạn, sửa đổi, thu hồi giấy phép hoạt động của tổ chức con nuôi nước ngoài tại Việt Nam

Chapter III

PROCEDURES FOR GRANTING, EXTENDING, MODIFYING AND REVOKING OPERATION LICENSES OF FOREIGN ADOPTION AGENCIES IN VIETNAM

Article 31. Dossier of foreign adoption agencies for granting operation license in Vietnam

1. Dossier of foreign adoption agencies for granting operation license in Vietnam must comprise:

a) A written request of foreign adoption agencies for granting adoption operation license in Vietnam;

b) Copy of its charter, its operation regulation, or established document of foreign adoption agencies;

c) Copy of permission granted by competent agency of the country in which it is established to operate in the foreign adoption domain in Vietnam.

d) Report on the international adoption activities in recent 3 consecutive years including financial revenues, expenditures, certified without committing any violations by competent adoption agency in the country in which it is established, report on adoption operation in Vietnam in case already having foreign adoption activities in Vietnam.;

đ) Evaluation report on the social and legal workers knowledgeable about Vietnam’s law, culture and society and international law on adoption;

e) Curriculumm vitae, judicial record sheet, copy of diplomas, certificates of skill and knowledge of head of foreign adoption agencies;

g) Curriculumm vitae, judicial record sheet, copy of diplomas, certificates of skill and knowledge of person expected to be head of foreign adoption agencies and agencies’ written agreement deligating such person to be head of foreign adoption agencies.

2. Dossier referred to clause 1 this Article made in 02 sets and hand in at Department of Child Adoption.

Article 32. Standards of the head of the foreign adoption office operating in Vietnam

1. Head of the foreign adoption office operating in Vietnam must meet fully following standards:

a) Being Vietnamese citizen or foreign citizen; if he/she is Vietnamese citizen, he/she must not govermential officers under provisions of laws;

b) Having good morality;

c) Having no former criminal, former violation, being not forbidden to go abroad, enter country;

d) Knowing about laws, culture, society of Vietnam related to adoption and international laws on adoption.

2. One person just may be head of one foreign adoption agency in Vietnam.

Article 33. Orders for granting license to the foreign adoption agencies operating in Vietnam

1. Within 60 days, from the date of receiving a complete and valid dossier, Department of Child Adoption examines, considers and decides dossier; interview to examine, value standards of person expected to be head of Vietnam-based foreign adoption agencies; examines, values conditions, skill and knowledge capability and staff-force of foreign adoption agencies; reports to the Minister of justice for suggesting Ministry of Public Security giving opinion.

2. Within 30 days, from the date of Ministry of Justice’s suggestion receipt, Ministry of Public Security issiues written reply to Ministry of Justice.

3. Within 05 working days, from the date of Ministry of Public Security’s reply receipt, Department of Child Adoption completes dossier, reports to Minister of Justice for deciding to grant operating license of intercountry adoption activities in Vietnam (hereinafter called as the Lisense) to the foreign adoption agencies and inform to Ministry of Public Security, competent tax agencies for coordinating to manage; in case of refusing to grant License, Department of Child Adoption issue written information stating the reason to the foreign adoption agencies.

4. License has valid of not excess 05 years in the whole country from the date of issuance and may be extended many times but once is not excess five years.

Article 34. Extending licenses

1. The foreign adoption agencies granted license to operate in Vietnam if complying seriously with provisions of laws, its License shall be extended.

2. Not excess 60 days before License is invalid, the foreign adoption agencies must send written request for extending to Department of Child Adoption enclosing with License and report of operation in Vietnam.

3. Within 30 days from the date of receiving a complete and valid dossier, Department of Child Adoption considers and decides dossier, examines operation of the foreign adotion office in Vietnam; value its capability of skill and knowledge, if necessary, reports to Minister of Justice for suggesting Ministry of Public Security giving opinion.

4. Within 15 days, from the date of Ministry of Justice’s suggestion receipt, Ministry of Public Security issue written reply to Ministry of Justice.

5. Within 05 working days from the date of Ministry of Public Security’s written reply receipt, Department of Child Adoption completes dossier, reports to Minister of Justice for deciding to extend License and informs to Ministry of Public Security, competent tax agencies for coordinating to manage; in case of refusing to extend License, Department of Child Adoption issue written information stating the reason to the foreign adoption agencies.

Article 35. Modifying Licenses

1. In case of having change of the foreign adoption agencies’ name, address of head office in the country in which such agencies found, Vietnam-based foreign adoption offices, then such agencies must send written request to Department of Child Adoption for suggesting to note changed contents.

Within 05 working days from the date of suggestion receipt for noting change, Department of Child Adoption reports to Ministry of Justice for noting changed contens into License; informs to Ministry of Public Security, competent tax agencies for coordinating to manage.

2. In case of changing head of foreign adoption agencies in Vietnam, the foreign adoption agencies must send written request to Department of Child Adoption enclosing with License and 02 sets of extected person to be head of foreign adoption agencies in Vietnam referred to point g clause 1 Article 31 of this Decree.

Within 05 working days from the date of receiving a complete and valid dossier, Department of Child Adoption considers and decides dossier, reports to Minister of Justice for suggesting Ministry of Public Security giving opinion, enclosing 01 set of extected person to be head of foreign adoption agencies in Vietnam.

Within 15 days, from the date of Ministry of Justice’s suggestion receipt, Ministry of Public Security issue written reply to Ministry of Justice.

Within 05 working days from the date of Ministry of Public Security’s written reply receipt, Department of Child Adoption reports to Minister of Justice for allowing to change head of foreign adoption agencies in Vietnam, competent tax agencies for coordinating to manage; in case of refusing the person expected to be head of foreign adoption agencies in Vietnam, Department of Child Adoption issue written information stating the reason to the foreign adoption agencies.

Article 36. Revoking Licenses

1. The foreign adoption agencies revoked License of foreign adoption activities in Vietnam referred to provision in clause 3 Article 43 of Law on Adoption and the specific provisions as follows:

a) The foreign adoption agencies terminated operation in the country in which such agencies found;

b) The foreign competent agencies do not continue to grant license to such agencies to operate in Vietnam;

c) The foreign adoption agencies request for terminating its operation in Vietnam prior to the time written in the License granted by Ministry of Justice;

d) Valid of License terminated but the agencies do not request for extending or having written request but not granted;

đ) Being striped the righs of using License under Vietnamese laws.

2. The foreign adoption agencies must hand in the License to Department of Child Adoption and pay every outstandings amount (if any) to relative individuals, organizations, agencies in Vietnam.

3. Department of Child Adoption informs to the Ministry of Public Security, competen tax agencies and the foreign competent agencies for revoking License.

Article 37. Management of the foreign adoption agencies operating in Vietnam

1. Based on reality, after exchanging information with the central agencies of international adoption of the relative countries, Ministry of Justice coordinates with Ministry of Public Security, Ministry of Foreign Affairs laying down quantity of foreign adoption agencies licensed for operating in Vietnam.

2. Ministry of Justice guides, coordinates with Ministry of Public Security and the relative ministries, branches, local implementing management of intercountry adoption in Vietnam.