Chương 2 Thông tư 21/2011/TT-BTP: Hướng dẫn một số thủ tục cấp, gia hạn, sửa đổi giấy phép hoạt động nuôi con nuôi nước ngoài

Chapter II

GUIDANCE ON A NUMBER OF PROCEDURES FOR GRANT, EXTENSION OR MODIFICATION OF INTERCOUNTRY ADOPTION OPERATION LICENSES

Article 4. Dossiers of application for grant, extension or modification of operation licenses

1. A foreign adoption organization's dossier of application for grant, extension or modification of a license for intercountry adoption operation in Vietnam must comply with Articles 31, 34 and 35 of Decree No. 19/ 2011/ND-CP and the following guidance:

a/ The copy of the license of the foreign adoption organization specified at Point c, Clause 1, Article 31 of Decree No. 19/2011/ ND-CP must be certified, stating that this organization is allowed to operate in the field of intercountry adoption in Vietnam or the field of international adoption activities;

b/ For a foreign adoption organization that has operated in intercountry adoption in Vietnam, the written report on its operation in Vietnam specified at Point d, Clause 1, Article 31 and Clause 2, Article 34 of Decree No. 19/ 2011/ND-CP must bear the signature and seal of its head.

2. A foreign adoption organization's dossier of application for grant, extension or modification of a license for intercountry adoption operation in Vietnam must be made in two sets and translated into Vietnamese. Vietnamese translations must be certified under Vietnamese law before being submitted to the Department of Adoption.

Article 5. Order of grant, extension or modification of operation licenses

1. The order of grant, extension or modification of a license for intercountry adoption operation in Vietnam of a foreign adoption organization complies with Articles 33, 34 and 35 of Decree No. 19/2011/ND-CP and the following guidance:

a/ After receiving a written reply of the Ministry of Public Security or upon the expiration of the time limit specified in Clause 2, Article 33, Clause 4, Article 34 and Clause 2, Article 35 of Decree No. 19/2011/ND-CP, the Department of Adoption shall complete and submit the dossier to the Minister of Justice for consideration and decision;

b/ In case the foreign adoption organization is licensed by a competent foreign authority to operate in Vietnam for a duration shorter than the maximum duration specified in Clause 4, Article 33 of Decree No. 19/2011/ND-CP, a license for intercountry adoption operation in Vietnam shall be granted or extended for a duration equal to the validity duration of the license granted by the concerned foreign competent authority to the foreign adoption organization.

2. Foreign adoption organizations that have actively assisted with seeking for substitute families for children with disabilities or children infected with HIV or other dangerous diseases and fully satisfy the law-prescribed conditions will be prioritized for being licensed for intercountry adoption operation in Vietnam.