Thông tư 10/2020/TT-BTP hướng dẫn ghi chép sử dụng lưu trữ sổ mẫu giấy tờ hồ sơ nuôi con nuôi

CIRCULAR

Promulgating and providing instructions for completion, use, management and storage of adoption Registers and set forms of adoption documentation and dossiers

Pursuant to the Law on Child Adoption dated June 17, 2010;

Pursuant to Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government elaborating implementation of certain Articles of the Law on Child Adoption; Decree No. 24/2019/ND-CP dated March 05, 2019 on amendments to Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government elaborating certain Articles of the Law on Child Adoption;

Pursuant to Decree No. 96/2017/ND-CP dated August 16, 2017 of the Government on functions, tasks, powers and organizational structure of the Ministry of Justice;

At the request of the Director of the Department of Child Adoption;

The Minister of Justice hereby promulgates and provides instructions for completion, use, management and storage of adoption registers and set forms of adoption documentation and dossiers.

Article 1. Scope  

This Circular promulgates and provides instructions for completion and use of set forms of adoption registers, registers for issuance, extension and modification of licences of foreign adoption service providers to operate in Vietnam, adoption documentation; storage and management of adoption registers and documentation, dossiers on domestic adoption and dossiers on intercountry adoption, dossiers on issuance, extension and modification of licences of foreign adoption service providers to operate in Vietnam.

Article 2: Entities eligible for use of the above-mentioned set forms of registers and documentation

1. Vietnamese citizens, Vietnamese people residing in foreign countries, foreigners permanently residing in Vietnam and foreigners permanently residing in foreign countries who have requests for settling issues related to child adoption in Vietnam;

2. The People’s Committees at all levels;

3. Departments of Justice of provinces and central-affiliated cities (hereinafter referred to as "Departments of Justice”);

4. Overseas Vietnamese representative agencies;

5. Department of Child Adoption affiliated to the Ministry of Justice;

6. Foreign adoption service providers that applying for issuance, extension and modification of licences of foreign adoption in Vietnam;

7. Other relevant individuals and organizations as prescribed by the Law on Child Adoption. 

Article 3: Promulgation of set forms of registers and documentation  

1. Set forms of registers and documentation enclosed herewith include:

a) 02 set forms of register (Appendix 1);

b) 07 set forms of documentation used for application for  domestic adoption (Appendix 2);

c) 14 set forms of documentation used for application for intercountry adoption (Appendix 3);

d) 06 set forms of documentation used for application for both domestic and intercountry adoption (Appendix 4).

 2. Standards of sizes, colors and specifications of set forms of registers and documentation are specified in the Appendices enclosed herewith.

Article 4: Printing and publication of set forms of registers and documentation

1. Set forms of registers and documentation shall be updated on the web portal of the Ministry of Justice at www.moj.gov.vn; Adoption registration agencies may access, print and use these forms, except for set forms of registers and documentation prescribed in Clause 2 of this Article.

Set forms of adoption registers and documentation printed by adoption registration agencies must be printed in good black ink that will not smudge or fade.

2. The Ministry of Justice shall print certificates of domestic adoption (both completed and blank certificates), decisions on intercountry adoption (both completed and blank decisions), licences of foreign adoption service providers to operate in Vietnam, certificates of intercountry adoption appropriate to the Hague Convention and adoption registers.

On the basis of demands of local authorities, Departments of Justice shall contact Judicial Publishing House affiliated to the Ministry of Justice to apply for purchase of set forms of adoption registers and documentation.  

 3. Adoption registration agencies that are using the common civil status management software pay directly print information on the blank certificates of domestic adoption and decisions on intercountry adoption which are approved by the Ministry of Justice.

4. Individuals and organizations undergoing adoption processes (hereinafter referred to as "requesters") shall print and use application forms, declaration forms and report forms on the web portal of the Ministry of Justice at www.moj.gov.vn.  

In case requesters cannot print application forms, declaration forms and report forms by themselves, adoption registration agencies shall print and provide them for the requesters free of charge.

Article 5. Completion and formatting of adoption registers, registers for issuance, extension and modification of licences of foreign adoption service providers in Vietnam and adoption documentation

1. Justice - civil status officials of communes, persons performing civil status-related works in the Departments of Justice of districts, officials of Departments of Justice, diplomats, consuls and officials of the Department of Child Adoption affiliated to the Ministry of Justice who are handling adoption processes (hereinafter referred to as “process handlers”) shall be responsible for completion of adoption registers and documentation. The written content must be accurate and not be erased; handwriting must be clear and legible; the adoption register and documentation must not include abbreviations and be written in the same ink color; do not use red ink.

Computers shall be used to enter information into the registers for issuance, extension and modification of licences of foreign adoption service providers to operate in Vietnam.

2. Last names, middle names and first names of adoptive parents and adopted children must be capitalized according to their identity cards/passports/birth certificates or other equivalent documents with their photos and personal information granted by competent authorities.

3. The place of birth shall be the place specified in the birth certificate of the adopted child.

4. The identity card field must include the number, issuer and date of issuance of the valid identity card/passport or another equivalent document with the photo and personal infomation issued by competent authorities.   

E.g. Identity card No. 00108912345, issued by Hanoi city police on October 20, 2014; Passport No. 503705379, issued by the United States Department of State on December 23, 2019.

5. The place of residence field shall be written as follows:

a) If the adoptive parents are Vietnamese citizens residing in Vietnam or foreigners permanently residing in Vietnam, the permanent address including the commune, district and province must be filled in. In case a step-child is adopted by the step-father or step-mother or aunt/uncle, and there is no permanent address, the temporary address shall be written; if both the permanent address and temporary address are not available, the current address shall be written.

b) If the adoptive parent is a foreigner permanently residing in a foreign country, the permanent address in the foreign country shall be written. If a foreigner is working and studying in Vietnam during at least 01 year, both the permanent address in the foreign country and the temporary address in Vietnam shall be written.

c) The place of residence of the adopted child shall be his/her permanent address, including the commune, district and province. If the adopted child lives in an institution, the name and address of the institution shall be written.

6. The adoption registration agency field shall be written as follows:

a) If the domestic adoption is filed in Vietnam, the commune, district and province of the place where the application is made shall be specified.

b) If the domestic adoption is filed with an overseas Vietnamese representative agency, the name of such agency shall be specified (E.g. the Embassy of Vietnam in Berlin).

c) The district and province shall be specified in the adoption register in case the adoption has been processed by a competent foreign authority.

d) If the intercountry adoption is filed, the name of the Department for Justice where the application is made shall be written.

Article 6. Correction of errors detected when completing adoption registers and documentation

1. During adoption application, if any error is detected on an adoption document, the process handler must destroy such it and make a new one instead of providing the rectified document.  

2. During adoption application, if any error is detected when completing the adoption register, the process handler must strike through the wrong part and write the correct information above or next to it. Do not write over or erase and write over the wrong text.

If any page is blank, the process handler shall cross such page.

The remark column of the adoption register must contain the corrected contents; date of correction; signature and full name of the process handler.

The process handler shall be responsible for reporting to the Head of the adoption agency the correction of errors.  The Head of the adoption registration agency shall be responsible for inspecting and putting a seal to the corrected contents for confirmation.

The process handler shall not erase, rectify and add any content without permission, thereby falsifying the content recorded in the adoption documentation and adoption register.   

3. After adoption application, if any new error is detected on the adoption documentation or adoption register due to the fault of the adopter or the adoption registration agency, a correction must be made. The procedures for correction shall comply with regulations of law on civil status correction.

Article 7. Storage and management of adoption registers and dossiers

1. Adoption registers must be stored and preserved permanently by adoption registration agencies to serve the people and management of the state.

2. The dossiers on domestic adoption, dossiers on intercountry adoption, dossiers on and registers for issuance, extension and modification of licences of foreign adoption service providers in Vietnam shall be stored as prescribed by archiving laws, and may be digitalized and stored electronically.

3. The Department of adoption, overseas Vietnamese representative agencies, the People’s Committees of communes and districts, Departments of Justice shall be responsible for storage, preservation and use of adoption registers and dossiers, dossiers on issuance, extension and modification of licences of foreign adoption service providers in Vietnam as prescribed by law; implementation of measures to prevent and control storms, floods, fire, dampness and termites to ensure safety.

Article 8. Transition clauses

1. If the dossiers on domestic adoption, dossiers on intercountry adoption, dossiers on issuance, extension and modification of licences of foreign adoption service providers in Vietnam have been received by competent regulatory agencies before the day on which this Circular comes into force but they are still not processed completely, the set forms of adoption documentation contained in these dossiers will continue to be valid as prescribed in Circular No. 12/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice on promulgation and provision of instructions on completion, storage and use of adoption forms and Circular No. 24/2014/TT-BTP dated December 29, 2014 of the Ministry of Justice on amendments to certain Articles of Circular No. 12/2011/TT-BTP.

2. Certificates of adoption, decisions on sending intercountry adoption of Vietnamese children and adoption registers made using the Forms enclosed with Circular No. 24/2014/TT-BTP dated December 29, 2014 of the Ministry of Justice which are used in competent regulatory agencies may be used until the end of June 30, 2021.

Article 9. Effect

1. This Circular comes into force from February 26, 2021 and replaces Circular No. 12/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice on promulgation and provision of instructions on completion, storage and use of adoption forms and Circular No. 24/2014/TT-BTP dated December 29, 2014 of the Ministry of Justice on amendments to certain Articles of Circular No. 12/2011/TT-BTP.

2. Form No. 01/BC/PTTE prescribed at Point a Clause 2 Article 9 and Form No. 02/BC/VPCNNNg precribed in Clause 1 Article 10 of Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Ministry of Justice on management of foreign adoption offices in Vietnam shall be annulled.   

3. During the period of implementation, any difficulties should be promptly reported to Ministry of Justice for consideration and instruction./.

APPENDIX 1

LIST OF REGISTERS
(Issued together with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the Minister of Justice of Vietnam)

The adoption register includes the following technical and artistic specifications:

The register has the same size as A4 paper (210 x 297mm) with 100 pages.

The register has a hard cover added with a matte lamination finish. Its primary color is green. The register is designed with the pattern of the Ngoc Lu drum. The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the top. The image of the national emblem of the Socialist Republic of Vietnam is immediately below the text and above the phrase “BỘ TƯ PHÁP” ("MINISTRY OF JUSTICE”) , with the size of 24 x 24mm. The name of the form is capitalized, bold, has a red color and the font of 35-point size.

Pages in the register must be printed in 01 color on A4 white paper with thickness of 70gsm or more; 12-point Times New Roman and Unicode shall be used.

Requirements for the register for issuance, extension and modification of the licence to operate of the foreign adoption service provider in Vietnam:

The register must be printed and bound into a book, so that it is firm, capable of long-term use, without damage to the back and pages of the register.

The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the top. The phrase “BỘ TƯ PHÁP” ("MINISTRY OF JUSTICE”) is immediately below the text. The name of the form is capitalized, bold and has the font of 35-point size.

APPENDIX 2

LIST OF SET FORMS OF DOCUMENTATION PROVIDED FOR DOMESTIC ADOPTION APPLICATION IN THE COMMUNE-LEVEL PEOPLE’S COMMITTEES AND OVERSEAS VIETNAMESE REPRESENTATIVE AGENCIES
(Enclosed with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the Minister of Justice)

The completed certificate of domestic adoption includes the following technical and artistic specifications:  

The certificate is printed in 01 color on A4 white paper (210 x 297mm) with thickness of 120gsm; and uses 4/1 color offset printing . The main content is printed on the front of the certificate with a sunken pattern. An image of Ngoc Lu drum with the map drawing of Vietnam, Truong Sa, Hoang Sa, archipelagos, and other small islands on the drumheads is in the middle of the pattern. The star-shaped location on the map is Hanoi. Outside of the drum, there is a pattern background which is framed by a decorative border. The decorative pattern background is coloured by appropriate colors.

When drafting the main content, 12-point Times New Roman and Unicode, 21,5-point line spacing shall be used; the text field is 23mm from the edge of the paper on both sides, 12.8mm from the top edge and 18mm from the bottom edge. The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the top. The image of the national emblem of the Socialist Republic of Vietnam is immediately below the text, with the size of 20 x 20mm. The name of the form is capitalized, bold, has a red color and the font of 22-point size.

On the back side of the certificate of domestic adoption, a table "Phần ghi chú những thông tin thay đổi, cải chính sau này” ("Remark of the changed and corrected information” is printed on an appropriate pattern background. 12-point Times New Roman and Unicode shall be used in the table, and the size of the table is 158 x 260mm.

 The blank certificate of domestic adoption includes the following technical and artistic specifications:  

It is the color print template according to the above-mentioned specifications.  

APPENDIX 3

LIST OF SET FORMS OF DOCUMENTATION PROVIDED FOR INTERCOUNTRY ADOPTION APPLICATION
(Enclosed with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the Minister of Justice)

Completed decision on intercountry adoption and certificate of intercountry adoption in accordance with the Hague Convention include the following technical and artistic specifications:

 The certificate is printed in 01 color on A4 white paper (210 x 297mm) with thickness of 120gsm; and use 4/1 color offset printing . The main content is printed on the front of the certificate with a sunken pattern. An image of Ngoc Lu drum with the map drawing of Vietnam, Truong Sa, Hoang Sa archipelagos and other small islands on the drumheads is in the middle of the pattern. The star-shaped location on the map is Hanoi. There is a patterned background which is framed by decorative borders at the outside of the drum. The decorative pattern background is coloured by appropriate colors.

When drafting the main content, 13-point Times New Roman and Unicode, 21.5-point line spacing shall be used; the text field is 23mm from the edge of the paper on both sides, 12.8mm from the top edge and 18mm from the bottom edge. The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (the official name and motto of Vietnam) is at the top. The image of the national emblem of the Socialist Republic of Vietnam is immediately below the text, with the size of 20 x 20mm. The name of the form is capitalized, bold, has a red color and the font of 22-point size.

Blank decision on intercountry adoption includes the following technical and artistic specifications:  

It is the color print template according to the above-mentioned specifications.

APPENDIX 4

LIST OF SET FORMS OF DOCUMENTATION PROVIDED FOR BOTH DOMESTIC AND INTERCOUNTRY ADOPTION APPLICATION
(Enclosed with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the Minister of Justice)

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