Chương 4 Nghị định 19/2011/NĐ-CP hướng dẫn Luật Nuôi con nuôi: Lệ phí đăng ký nuôi con nuôi, lệ phí cấp, gia hạn, sửa đổi giấy phép của tổ chức con nuôi nước ngoài, chi phí giải quyết nuôi con nuôi nước ngoài

Chapter IV

ADOPTION REGISTRATION FEE, LICENSE MODIFYING, EXTENDING, GRANTING FEE OF THE FOREIGN ADOPTION AGENCIES, EXPENSES FOR SETTLING INTERCOUNTRY ADOPTION

Article 38. Principles for collecting, handing in, managing and using

1. Adoption registration fee, license modifying, extending, granting fee of the foreign adoption agencies are collecting source under the state budget.

2. Expenses for settling intercountry adoption are an amount of money that foreigners not permanently residing in Vietnam shall pay when they adopt children in Vietnam for helping intercountry adoption’s settle down.

3. Total collecting amount of money referred to provision in clause 1 and clause 2 this Article must be hand in the account of collecting agencies opening at the State Treasury for supervision and use upon provision.

The collecting agencies are responsible for planning of calculating in advance annual collecting, spending submit to competent agencies for approval and implementation of liquidation and drawing the balancesheet under currency regime.

ITEM 1: ADOPTION REGISTRATION FEE, LICENSE MODIFYING, EXTENDING, GRANTING FEE OF FOREIGN ADOPTION AGENCIES

Article 39. Adoption registration fee

Adoption registration fee referred to clause 1 Article 12 of Law on Adoption comprises domestic adoption registration fee, intercountry adoption registration fee and adoption registration fee at the representative agencies.

Article 40. Rate of adoption registration fee

Rate of adoption registration fee is provided as follows:

1. Domestic adoption registration fee is four hundred thousand dong (400.000 dong)/case.

2. Intercountry adoption registration fee is nine million dong (9.000.000 dong)/case.

3. Adoption registration fee at the representative agencies is three million dong (3.000.000 dong)/case. This rate is exchanged into US Dollar or local currency.

Article 41. Competence for collecting adoption registration fee

1. Commune-level People’s Committees collect domestic adoption registration fee.

2. Department of Child Adoption collects intercountry adoption registration fee.

3. Representative agencies collect adoption registration fee at the representative agencies.

Article 42. Objects paying adoption registration fee

1. Vietnamese citizens permanently residing in Vietnam must pay domestic adoption registration fee referred to provision in clause 1 Article 40 of this Decree when applying dossier for registration of adoption at the Commune-level People’s Committees.

2. Oversea-based Vietnamese, foreigner not permanently residing in Vietnam must pay intercountry adoption registration fee referred to provision in clause 2 Article 40 of this Decree when applying dossier for registration of adoption at Department of Child Adoption.

3. Vietnamese citizens temporarily residing overseas must pay adoption registration fee referred to provision in clause 3 Article 40 of this Decree when applying dossier for registration of adoption at the representative agencies.

Article 43.Objects for exemption, reduction of adoption registration fee

1. Exempting domestic adoption registration fee for the case stepfather or stepmother adopts their stepchild; natural aunt, uncle, child’s father’s elder brothers adopt their nephews, nieces; adopt children as provided in clause 1 Article 3 of this Decree and adoption in the remote areas.

2. Reducing 50% of rate of Intercountry adoption registration fee for the case that stepfather or stepmother adopts their stepchild; natural aunt, uncle, child’s father’s elder brothers adopt their nephews, nieces.

If adopting two and above children are siblings, shall be reduced 50% of rate of Intercountry adoption registration fee from the second child.

3. Exempting adoption registration fee for the case of adoption registration in reality referred to provision in Article 23, reregistration of adoption referred to Article 29, recognition and noting of adoption registered overseas referred to Article 30 of this Decree.

Article 44. Regime for using adoption registration fee

1. the Commune-level People’s Committees and the representative agencies are used adoption registration fee to serve for examining, considering and deciding dossiers; directly collecting concerned persons’ ideas on adoption; supervising and reporting situation of adoption and the other acts under laws.

2. Department of Child Adoption is used 50% of rate of Intercountry adoption registration fee referred to clause 2 Article 40 of this Decree to spend for the following contents:

a) examining, considering and deciding dossiers of adopting persons, collecting experts of psychology, health service, family and society’s ideas to value wholly conditions of adopting persons;

b) Forwarding dossiers of adopting persons to Departments of Justice;

c) Comunicating, sending documents, mail exchange with foreign competent agencies to settle adoption;

d) Printing, issuing brochure, papers, books of adoption;

đ) Gathering, settling, counting and reporting data of foreign elemental adoption;

e) Gathering, supervising, collecting and classifying to synthesize and valuing report of the growth of children to be adopted overseas;

g) Buying stationeries, office material, and necessary equipment concerned directly to settling dossiers of adoption;

h) Buying and repairing properties, equipments serving directly acts of fee collection;

i) Spending for liquidating for individuals directly implement collection fee, comprise salaries, wages, salary allowance and contribution amounts as provided calculated based on salaries, wages other than expenses spending for governmental officers received salaries from the State budget according to provision regime.

3. Departments of Justice are used 50% of rate of Intercountry adoption registration fee provided in clause 2 Article 40 of this Decree to spend for the following contents:

a) Examining, considering and deciding dossiers of children allowed to be adopted;

b) Collecting concerned persons’ ideas on allowing children to be adopted;

c) Introducing children to be adopted overseas; collecting experts of psychology, health service, family and society’s ideas to introduce children to be adopted;

d) Transferring dossier introducing adopted children to the Ministry of Justice to inform to adopting persons;

đ) Gathering, settling, counting and reporting data of foreign elemental adoption;

e) Buying stationeries, office material, and necessary equipment concerned directly to settling dossiers of adoption.

Article 45. Rate of collecting, agencies collecting fees of granting, extending, modifying licenses of the foreign adoption agencies

1. Rate of collecting, agencies collecting fee of granting, extending, modifying licenses of the foreign adoption agencies operating in Vietnam is provided as follows:

a) Fee for granting license is sixty five million dong (65.000.000 dong)/license;

b) Fee for extending license is thirty five million dong (35.000.000 dong)/once;

c) Fee for modifying license is two million dong (2.000.000 dong)/once.

2. Department of Child Adoption collects fee when foreign adoption agencies apply for granting, extending, modifying license operating in Vietnam.

Article 46. Regime for using fee of granting, extending, modifying licenses of the foreign adoption agencies

Fee of granting, extending, modifying licenses of the foreign adoption agencies operating in Vietnam is used to spend for following contents:

1. Receiving, examining, considering and deciding dossiers of the foreign adoption agencies apply for for granting, extending, modifying license operating in Vietnam.

2. Interviewing, examining, valuing standards of capability and professional experience of the person expected to be head of foreign adoption agencies in Vietnam.

3. Examining conditions, capacity behaviour, legal capacity of foreign adoption agencies in the country where such agencies found.

4. Examining, supervising, managing and organizing to train skill and knowledge for foreign adoption offices in Vietnam.

5. Supervising report and directly examining the growth of Vietnamese children adopted overseas.

Item 2: EXPENSES FOR SETTLING INTERCOUNTRY ADOPTION

Article 47. Rate of collecting, agencies collecting expenses for settling inter-country adoption

1. Rate of collecting expenses for settling inter-country adoption is fifty million dong (50.000.000 dong)/case.

This amount of money is not including expenses of services, traveling, accommodation, and expenditures arising in reality that adopting persons pay direct, even expenses for taking children abroad after being settled to be adopted.

2. Department of Child Adoption is responsible for collecting expenses for settling intercountry adoption.

Article 48. Objects of paying, exempting expenses for settling inter-country adoption

1. Foreigners not permanently residing in Vietnam are responsible for paying expenses for settling inter-country adoption when such persons agree to accept Vietnamese children introduced to be adopted referred to provision in clause 3 Article 36 of Law on Adoption.

2. Foreigners not permanently residing in Vietnam adopt children referred to clause 1 Article 3 of this Decree exempted paying expenses for settling inter-country adoption.

Article 49. Using regime of expenses for settling inter-country adoption

1. Collecting agencies transfer 95% of rate of expenses referred to clause 1 Article 47 of this Decree to provincial level budgets in order to upgrade quality of security service, children care for in local, in which:

a) 70% of rate of expenses referred to clause 1 Article 47 of this Decree are used to nurtur, care for, educate children and improve conditions of infrastructure, equipments serving for children’s demand and benefits;

b) 15% rate of expenses referred to clause 1 Article 47 of this Decree are supplemented to salary budget and upgrade professional skill to the nurturing centers’ staffs;

c) 5% rate of expenses referred to clause 1 Article 47 of this Decree are used to verify background of children to be adopted;

d) 5% rate of expenses referred to clause 1 Article 47 of this Decree are used to complete procedures and hand over adopted children.

Agencies, organizations using expenses are responsible for using effectly and right purpose part of expenses apportioned, to compile book to supervise and yearly report to the Provincial level People’s Committee, together with sending to Departments of Justice for collecting and classifying to synthetize to report to Ministry of Justice.

2. Collecting agencies are quoted 5% rate of expenses referred to clause 1 Article 47 of this Decree to spend for collecting and transferring expenses; confirming and granting receipt to the payers; compiling books to supervise, controlling use these expenses for assuring its right purpose and effectedly; collecting and classifying to synthetize and report publicly yearly about collecting, handing in, using expenses for settling domestic adoption in the whole country under provisions and suitable to international routine.