Thông tư liên tịch 03/2016/TTLT-BTP-BNG-BCA-BLĐTBXH bảo vệ trẻ em làm con nuôi nước ngoài

JOINT CIRCULAR

GUIDING THE SUPERVISION OF DEVELOPMENT SITUATION OF VIETNAMESE CHILDREN ADOPTED OVERSEAS AND PROTECTION OF CHILDREN IN NECESSARY CASES

Pursuant to the June 17, 2010 Adoption Law;

Pursuant to the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Adoption Law;

Pursuant to the Government’s Decree No. 22/2013/ND-CP of March 13, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government's Decree No. 58/2013/ND-CP of June 11, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the Government’s Decree No. 106/2014/ND-CP of November 17, 2014, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

The Minister of Justice, the Minister of Foreign Affairs, the Minister of Public Security and the Minister of Labor, War Invalids and Social Affairs promulgate the Joint Circular guiding the supervision of development situation of Vietnamese children adopted overseas and protection of children in necessary cases.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular guides the supervision of the development situation of Vietnamese children adopted overseas and protection of children in necessary cases; and prescribes responsibilities of related organizations and competent agencies.

Article 2. Subjects of application

This Joint Circular applies to:

1. The Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Labor, War Invalids and Social Affairs, provincial-level Justice Departments, Public Security Departments and Labor, War Invalids and Social Affairs Departments, and overseas Vietnamese representative agencies.

2. Adopted children overseas and adoptive parents, natural parents and guardians of children adopted overseas, nurturing establishment where children live before they are adopted and foreign adoption organizations licensed to operate in Vietnam.

3. Other related agencies and organizations.

Article 3. Principles

1. Keeping confidential private information of children.

2. For the best interests of children.

3. Compliance with Vietnam’s law, laws of countries where children reside and treaties to which Vietnam and countries of residence of children are contracting parties.

Chapter II

SUPERVISION OF DEVELOPMENT SITUATION OF VIETNAMESE CHILDREN ADOPTED OVERSEAS

Article 4. Notification of development situation of children

1. Adoptive parents shall notify by post, fax or email the development situation of their adopted children to the Ministry of Justice and overseas Vietnamese representative missions in accordance with the Adoption Law.

The notice shall be made according to form TP/CN-2014/CNNNg.07 promulgated together with the Justice Ministry’s Circular No. 24/2014/TT-BTP of December 29, 2014, amending and supplementing a number of articles of the Justice Ministry’s Circular No. 12/2011/TT-BTP of June 27, 2011, promulgating and guiding the record, storage and use of forms of adoption.

2. Adoptive parents may notify the development situation of children as prescribed in Clause 1 of this Article directly or with the assistance of foreign adoption organizations.

3. Foreign adoption organizations shall provide information on the development situation of a specific child adopted overseas whenever requested by the Ministry of Justice.

Article 5. Urging the notification of development situation of Vietnamese children adopted overseas

On the basis of the decision on intercountry adoption of a child and the record of handover and receipt of the child, if finding the adoptive parents fail to periodically notify the development situation of the child, the Ministry of Justice shall request the concerned foreign adoption organization or the central intercountry adoption agency of the country receiving the adopted child to urge the adoptive parents to notify the development situation of the child.

Article 6. Collection and preservation of reports on development situation of children

1. The Ministry of Justice shall collect, monitor, summarize and preserve reports to serve the supervision of development situation of children.

2. Overseas Vietnamese representative missions shall preserve reports on the development situation of children in order to protect children in necessary cases.

Article 7. Assessment reports on development situation of children adopted overseas

1. On the basis of information on the development situation of children provided by adoptive parents and summary reports on the development situation of children submitted by foreign adoption organizations, the Ministry of Justice shall annually make and send an assessment report on the development situation of children adopted overseas to the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Labor, War Invalids and Social Affairs and provincial-level Justice Departments and Labor, War Invalids and Social Affairs Departments which have settled the intercountry adoption.

2. A report must contain statistics of children adopted overseas in the year, the status of health, physical strength and spirit of adopted children and their integration with adoptive parents, families and communities, and propose measures to increase the supervision of the development situation of Vietnamese children adopted overseas.

Article 8. Provision of information on development situation of children

1. On the basis of assessment reports on the development situation of children adopted overseas sent by the Ministry of Justice in accordance with Clause 1, Article 7 of this Joint Circular, provincial-level Justice Departments and Labor, War Invalids and Social Affairs Departments which have settled the intercountry adoption shall provide information on the health, physical strength, spirit and integration of children at the request of their natural parents, guardians or nurturing establishments where the children lived before their adoption.

2. The provision and use of provided information must adhere to the principles prescribed in Clauses 1 and 2, Article 3 of this Joint Circular.

Article 9. Support for adopted children to inquire into their origin

1. An adoptive parent or adopted child who wishes to inquire into information about the adopted child’s origin may go to the Ministry of Justice or send a request to the Ministry of Justice by post, fax or email or through a foreign adoption organization or the central intercountry adoption agency of the country where the adopted child resides.

2. When having full information on an adopted child’s origin, the Ministry of Justice shall provide information as requested within 15 days.

3. When needing more information, the Ministry of Justice shall request the provincial- level Justice Department which has settled the intercountry adoption to verify and supplement information within 15 days. Within 15 days after receiving the provincial-level Justice Departments verification results, the Ministry of Justice shall provide information as requested.

Chapter III

PROTECTION OF VIETNAMESE CHILDREN ADOPTED OVERSEAS IN NECESSARY CASES

Article 10. Notification of decisions on intercountry adoption of Vietnamese children

After receiving a decision on intercountry adoption of a Vietnamese child, the Ministry of Justice shall email a fax or scanned copy of this decision to the overseas Vietnamese representative mission for monitoring and protection of the child in necessary cases, and concurrently notify the Ministry of Foreign Affairs for coordination.

Article 11. Cases requiring protection of children

A Vietnamese child adopted overseas shall be protected when he/she is abused, maltreated, mistreated, neglected or taken advantage of or has his/her labor exploited or faces an infringement upon child rights.

Article 12. Receipt and verification of information and reports on children in need of protection

1. The Ministry of Justice and overseas Vietnamese representative missions shall receive information and reports on, and notify one another of, Vietnamese children adopted overseas in need of protection in the cases prescribed in Article 11 of this Joint Circular.

2. Upon receiving information or reports on a child, the Ministry of Justice shall contact the central intercountry adoption agency of the country of adoption and the overseas Vietnamese representative mission shall contact and request the competent agency of the host country to provide truthful information on the specific status of this child.

3. In a special case, the Ministry of Justice and competent agencies shall conduct field verification of information or reports on the specific status of a Vietnamese child adopted overseas who needs protection.

Article 13. Protection of children in necessary cases

1. After receiving the Ministry of Justice’s notice or when obtaining truthful information on a child in need of protection, the overseas Vietnamese representative mission shall contact, meet and visit the child and request a competent agency of the host country to take necessary measures to protect his/her interests in accordance with Vietnam’s law, the law of the country of adoption and the treaty to which Vietnam and the country of adoption are contracting parties. The overseas Vietnamese representative mission shall promptly notify the situation to the Ministry of Justice.

2. On the basis of the information acquired under Clause 1 of this Article, the Ministry of Justice shall contact the central intercountry adoption agency of the country of adoption for taking appropriate measures, including arranging substitute care, for the child in accordance with Vietnam’s law, the law of the country of adoption and the treaty to which Vietnam and the country of adoption are contracting parties.

Article 14. Settlement of return of children adopted overseas to Vietnam

1. In case all measures of substitute care for a child in the country of adoption have been taken but fail to guarantee the child’s rights and interests and bringing the child back to Vietnam is the last resort to best guarantee the child’s rights and interests, the Ministry of Justice shall discuss and reach agreement with the central intercountry adoption agency of the country of adoption to bring the child back to Vietnam.

2. When bringing back a child to Vietnam as prescribed in Clause 1 of this Article, the Ministry of Justice shall coordinate with the central intercountry adoption agency of the country of adoption in settling legal issues to guarantee the child’s legitimate rights and interests in accordance with Vietnam’s law, the law of the country of adoption and the treaty to Vietnam and the country of adoption are contracting parties.

3. The Ministry of Public Security shall create all necessary conditions for children adopted overseas returning to Vietnam to register permanent residence in accordance with law.

4. The Ministry of Labor, War Invalids and Social Affairs shall direct provincial-level Labor, War Invalids and Social Affairs Departments to receive and create conditions for Vietnamese children adopted overseas returning to Vietnam to access child protection and care services.

Article 15. Receipt, care and nurturing of children adopted overseas returning to Vietnam

The provincial-level Labor, War Invalids and Social Affairs Department of the locality where a child resides before being adopted shall receive back and arrange the care for and nurturing of the child at a local nurturing establishment.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 16. Responsibilities of the Ministry of Justice

1. To assign the Department of Adoption to take charge of monitoring and examining the development situation of children adopted overseas and perform the Ministry of Justice’s tasks prescribed in this Joint Circular.

2. To annually assume the prime responsibility for reviewing and assessing the supervision of the development situation of children adopted overseas and protection of children in necessary cases in order to work out measures to enhance this work.

3. To coordinate with the Ministry of Foreign Affairs in cases requiring protection of children prescribed in Article 11 of this Joint Circular.

4. To coordinate with the Ministry of Public Security in supporting the registration of permanent residence for children adopted overseas returning to Vietnam as prescribed in Clause 3, Article 14 of this Joint Circular.

5. To coordinate with the Ministry of Labor, War Invalids and Social Affairs in performing the tasks prescribed in Clause 4, Article 14 of this Joint Circular.

6. To direct provincial-level Justice Departments in performing the tasks assigned under this Joint Circular.

7. To request foreign adoption organizations to perform the tasks assigned under this Joint Circular.

Article 17. Responsibilities of the Ministry of Foreign Affairs

1. To Coordinate with the Ministry of Justice and direct overseas Vietnamese representative missions in taking necessary measures to protect children adopted overseas.

2. To coordinate with the Ministry of Justice in performing the tasks prescribed in Clause 2, Article 16 of this Joint Circular in order to work out measures to enhance the protection of Vietnamese children adopted overseas.

Article 18. Responsibilities of the Ministry of Public Security

1. To direct its specialized units at central and local levels in implementing within the functions and tasks of the public security sector regulations on children adopted overseas returning to Vietnam and protection of children in necessary cases.

2. To perform the task prescribed in Clause 3, Article 14 of this Joint Circular.

3. To coordinate with related ministries and sectors in performing the tasks prescribed in this Joint Circular regarding contents within the functions, tasks and powers of the public security sector.

Article 19. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To coordinate with the Ministry of Justice in performing the tasks prescribed in this Joint Circular.

2. To direct provincial-level Labor, War Invalids and Social Affairs Departments in receiving and arranging the care for and nurturing of Vietnamese children adopted overseas returning to Vietnam as prescribed in Article 15 of this Joint Circular.

Article 20. Responsibilities of provincial-level Justice Departments

1. To verify information on the origin of adopted children in accordance with Clause 3, Article 9 of this Joint Circular.

2. To coordinate with provincial-level Labor, War Invalids and Social Affairs Departments in arranging the receipt, care for and nurturing of children adopted overseas returning to Vietnam as prescribed in Article 15 of this Joint Circular.

Article 21. Responsibilities of overseas Vietnamese representative missions

1. To perform the tasks prescribed in this Joint Circular.

2. To promptly provide and notify information on children in need of protection and proactively take necessary protection measures.

Article 22. Effect

1. This Joint Circular takes effect on April 6, 2016.

2. Any problems arising in the course of implementation should be reported to the Ministry of Justice for consideration and settlement in coordination with the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs.-