Chương 3 Thông tư 21/2011/TT-BTP: Quyền, nghĩa vụ của văn phòng con nuôi nước ngoài

Chapter III

RIGHTS AND OBLIGATIONS OF FOREIGN ADOPTION OFFICES

Article 6. To carry out procedures for settling adoption in Vietnam on behalf of adopting persons

1. Under Point b, Clause 2, Article 43 of the Adoption Law, a foreign adoption office may carry out, on behalf of an adopting person, the" following activities for carrying out adoption procedures in Vietnam:

a/ Completing the adopting person's dossier under the Vietnamese law;

b/ Filing the adopting person's dossier with the Department of Adoption and pay the fee for registration of intercountry adoption under regulations;

c/ Adding documents and papers to the adopting person's dossier at the request of the Department of Adoption;

d/ Sending photos of and information on the child to the adopting person after obtaining a competent Vietnamese authority's consent to introduction of the child for adoption;

e/ Bringing the child introduced for adoption to medical examination or additional health checkup after obtaining a consent of the head of the children-nurturing establishment;

f/ Sending to the Department of Adoption the written consent of the adopting person to the introduced child and the written permission of the concerned competent foreign authority for continued completion of adoption procedures;

g/ Paying expenses for the intercountry adoption settlement under regulations;

h/ Assisting the adopting person in entry, exit, travel, residence procedures and interpretation when he/she enters, leaves or stays in Vietnam for completion of adoption procedures;

i/ Coordinating with the children-nurturing establishment in organizing meetings for the adopting person to meet and get acquainted with the child introduced for adoption;

j/ Assisting the adopting person in the ceremony for handover and receipt of the adopted child;

k/ Assisting the adopting person in procedures for obtaining a passport and visa for the adopted child's exit from Vietnam and entry into and settlement in the concerned foreign country.

2. Foreign adoption offices may not act as legal representatives for foreign adoptive parents.

Article 7. Assistance in seeking substitute families for children with disabilities and children infected with HIV or other dangerous diseases

1. A foreign adoption office that has a special program on assistance for children with disabilities and children infected with HIV or other dangerous diseases in seeking substitute families shall send a detailed report on such program to the Department of Adoption, clearly describing the capacity of the staff member(s) in charge of the program, preparations for adoptive parents and supervisory measures after the adoption.

2. In providing assistance for children with disabilities and children infected with HIV or other dangerous diseases in seeking substitute families under Point c, Clause 2, Article 43 of the Adoption Law, a foreign adoption office may conduct the activities specified at Points a thru f and Points h thru k, Clause 1, Article 6 of this Circular and the following activities:

a/ Taking the initiative in selecting and notifying the Department of Adoption of a list of adopting persons who wish to adopt children with disabilities and children infected with HIV or other dangerous diseases and have all conditions for adoption of these children;

b/ Providing assistance in additional health checkup, medical examination, testing or assessment for completing health records of children and in taking care of children with disabilities and children infected with HIV or other dangerous diseases at the request of the Department of Adoption;

c/ Providing adequate and detailed information on health records of children with disabilities and children infected with HIV or other dangerous diseases to adopting persons so that they can consider the possibility of adopting these children after obtaining written approval of the Department of Adoption.

Article 8. Rent of offices and employment of Vietnamese

Foreign adoption organizations may rent offices and employ Vietnamese to work at foreign adoption offices in Vietnam according to Point e, Clause 2, Article 43 of the Adoption Law and the following guidance:

1. A foreign adoption organization shall send to the Department of Adoption a written notice of the address, telephone number, facsimile number and mail address of its foreign adoption office in Vietnam and an office rent contract (if any).

2. If employing Vietnamese to work at its foreign adoption office in Vietnam, a foreign adoption organization shall sign employment contracts under the Vietnamese law and notify in writing the Department of Adoption of a list of staff members working at the office, contact addresses and one copy of each employment contract. Staff members working at foreign adoption offices must be professionally qualified and experienced and have good ethics.

Article 9. The obligation to report on development of adopted children

1. Foreign adoption offices shall urge adoptive parents to strictly perform the obligation to promptly report on the development of Vietnamese children adopted overseas within 3 years after they are adopted. Reporting periods are as follows:

a/ For reports for the first six months, the reporting period is counted from October 1 of the preceding year to the end of March 31 of the current year;

b/ For reports for the last six months, the reporting period is counted from April 1 to the end of September 30 of the year.

2. Based on reports of adoptive parents, foreign adoption offices shall send to the Department of Adoption summarized reports on development of Vietnamese children adopted overseas under Point g, Clause 2, Article 43 of the Adoption Law and the following guidance:

a/ Before October 31 every year, a foreign adoption office shall send to the Department of Adoption a general report on development of Vietnamese children who have received its assistance for adoption overseas. Such general report must be made according to form No. 1 attached to this Circular, summarizing adequate and truthful information on development of these children.

b/ A general report on development of Vietnamese children must bear the signature and seal of the head of be foreign adoption organization and the translated into Vietnamese. Vietnamese translations must be certified under the Vietnamese law before being sent to the Department of Adoption.

3. Apart from sending their annual general reports under Clause 2 of this Article, foreign adoption offices shall also send extraordinary reports on specific Vietnamese children who are adopted overseas at the request of the Department of Adoption.

4. Proper performance of the obligation to report on development of Vietnamese children adopted overseas is regarded as a ground for the Department of Adoption to receive dossiers of application for adoption of Vietnamese children through foreign adoption organizations.

Article 10. The obligation to report on operation

1. Before April 15 and October 15 every year, a foreign adoption office in Vietnam shall send to the Department of Adoption a biannual and an annual report on its operation, made according to form No. 02 attached to this Circular. The method of counting the reporting period complies with Points a and b. Clause 1, Article 9 of this Circular. A report sent to the Department of Adoption must bear the signature and seal of the head of the foreign adoption office.

2. Proper performance of the obligation to report on operation of foreign adoption offices in Vietnam is regarded as a ground for considering the extension of their operation licenses.