Chapter IV
EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS OF FOREIGN ADOPTION OFFICES
Article 11. Examining agencies
1. The Department of Adoption shall manage and examine foreign adoption offices in Vietnam; and annually report to the Minister of Justice on operation of these offices.
2. In case of necessity or at the request of related ministries and sectors, the Ministry of Justice may form an inter-disciplinary team to examine foreign adoption offices in Vietnam.
Article 12. Contents of examination
1. The examination of operation of a foreign adoption office covers:
a/ The observance of the principle of non-profit operation of the office; financial revenues and expenditures and the book-keeping regime to monitor financial revenues and expenditures of the office in Vietnam;
b/ The observance of the Ministry of Justice-granted license for intercountry adoption operation in Vietnam;
c/ Results of settlement of child adoption with its assistance;
d/ The observance of professional regulations, guidance and direction related to its operation;
e/ The performance of the reporting obligation specified in Articles 9 and 10 of this Circular;
f/ The performance of other obligations by the office under the Adoption Law, Decree No. 19/2011/ND-CP and other relevant laws.
2. The examination of personnel of a foreign adoption office covers:
a/ The satisfaction of the criteria for heads of foreign adoption offices specified in Article 32 of Decree No. 19/2011/ND-CP;
b/ The signing and performance of employment contracts and the satisfaction of the criteria for personnel of foreign adoption offices specified in Clause 2, Article 8 of this Circular;
c/ Other matters related to the organization and personnel of the office.
3. The examination of the observance of relevant regulations on office rent (if any).
Article 13. Order of examination
1. The examination of foreign adoption offices in Vietnam shall be conducted annually or extraordinarily.
2. For annual examination, the Department of Adoption shall notify a foreign adoption office of the time, composition of the examination team, contents, plan and place of examination at least 5 working days in advance. For an extraordinary examination, the Department of Adoption shall notify it at least one working day in advance.
3. When conducting examination, a written record of examination contents must be made. Such written record must be signed by the head of the examination team and the head of the foreign adoption office. In case a violation of the foreign adoption office is detected through the examination and must be promptly handled, the head of the examination team shall promptly propose a competent authority to apply provisional preventive measures or remedies for consequences of the violation and recommend a direction for handling the foreign adoption office.
4. Within 30 days after an examination is completed, the Department of Adoption shall report in writing examination results to the Minister of Justice and concurrently notify them to the concerned foreign adoption office in Vietnam and foreign adoption organization.
Article 14. Inspection of operation of foreign adoption offices
1. The Inspectorate of the Ministry of Justice may inspect all foreign adoption offices in Vietnam.
2. The order and procedures for inspecting the operation of foreign adoption offices comply with the law on inspection.
Article 15. Commendation and handling of violations
1. Foreign adoption offices that strictly comply with this Circular and other relevant regulations and record outstanding achievements in assisting children in special circumstances in seeking substitute families or helping children with disabilities and children infected with dangerous diseases in Vietnam shall be commended and rewarded.
The director of the Department of Adoption shall commend or reward foreign adoption offices or propose the Minister of Justice to do so.
2. Foreign adoption offices, their heads and staff members that violate this Circular and other relevant regulations on adoption shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability under law.
Tìm kiếm
Thông tư 21/2011/TT-BTP (Bản Word)