Chương II Thông tư liên tịch 03/2016/TTLT-BTP-BNG-BCA-BLĐTBXH: Theo dõi tình hình phát triển của trẻ em Việt Nam được cho làm con nuôi nước ngoài

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.