Chương III Thông tư liên tịch 03/2016/TTLT-BTP-BNG-BCA-BLĐTBXH: Bảo vệ trẻ em Việt Nam được cho làm con nuôi nước ngoài trong trường hợp cần thiết

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.