Contents of Administrative procedures - Department of Justice

Procedure Registration for child adoption for foreigner residing permanently in Viet Nam
Process

Step 1: An adopter submits dossiers of his/ or her and of the child to be adopted to Department of Justice in the area where the child resides.
Step 2: The Department of Justice checks dossiers and collects opinions of the related people.   
Step 3: The Department of Justice submits dossier to People’s Committee at provincial level for consideration.
Step 4: The provincial People’s Committee finalizes Decision, under which the child can be adopted by foreigner.
Step 5: The Department of Justice registers child adoption according to the law on civil status.

Where to submit The applicant must submit dossier directly to One Stop Shop under the Ha Noi Department of Justice. Authorization is not accepted. Submission at One Stop Shop of the Ha Noi Department of Justice Address: 1B Tran Phu Street, Ha Dong, Ha Noi Telephone: 0433546151/ or 0433546163
Contents and number of the dossier

Dossier of the adopter
1. Application Form for child adoption (as the sample attached);
2. Copies of passport/ or ID or other legal alternative papers (attached with original paper for verification);
3. Original paper of Judicial Record of the applicant that has been issued for no more than 6 months;
4. Paper to prove marriage status (copy of  Marriage Certificate enclosed original one for comparison/ or original paper of document proving the status of being single);
5. Original document on health status issued by health establishment at district level that has been issued for no more than 6 months;
6. Original papers on family status, housing and economic conditions that have been issued for no more than 6 months by People’s Committee of the commune where the adopter resides.
Note:
- In the above mentioned conditions, condition (5) and (6) are not applied to aunt/ uncle adopting their own niece/ nephew or stepfather/ stepmother adopting the child of their spouse.
Papers issued by foreign competent authorities must be translated into Vietnamese and legally formalized at a Vietnamese diplomatic representation or General Consulate overseas; except for particular cases, in which consular legalization is exempted in conformity with international treaties to which Viet Nam is member or in conformity with principle of reciprocity.

Dossier of the adopted child
1. Birth Certificate;
2. Health Certificate issued by competent health establishment at district level or upper level;
3. Two photos of full body and direct looking, taken no more than 6 months;
4. For an abandoned child: Certified paper issued by People’s Committee or Police in the commune where the abandoned child is found;
For an orphan: Death Certificate of his/her natural mother/ natural father; or Decision of the Court, confirming the death of natural mother/ natural father of the child;
For an adopted child with his/ her natural father/natural mother are reported as missing : Decision of the Court to announce the missing of natural father/ mother;
For an adopted child with his/ her natural father/natural mother who has lost capacity for civil acts : the Decision of the Court to announce that his/her natural father/ natural mother has  lost capacity for civil acts;
5. Decision on adoption of children from care center;

Number of dossier: 01 set

Processing duration 1. Timeline for the Department of Justice to check and collect opinions: 20 working days after receiving valid and full dossier 2. Timeline for the People’s Committee to consider and allow foreigner residing in Viet Nam to adopt children: 15 working days after receiving dossier submitted by the Department of Justice
Objects Foreigner residing in Viet Nam, who wishes to adopt Vietnamese children residing in Ha Noi
Competent agency Department of Justice
Outcome - Decision on allowing foreigner residing in Viet Nam to adopt Vietnamese children; - In case of rejection, the Ha Noi People’s Committee will provide their written answers detailing the reasons for rejection.
Fee VND 400,000 Free of charge for aunt/ uncle adopting their own niece/ nephew or stepfather/ stepmother adopting the child of their spouse; Free of charge for adoption of disabled children, children with dangerous diseases or children in remote areas
Form/Declaration

- Application Form for child adoption (Form TP/CN-2014/CN.02)  
- Declaration Form on family conditions of the adopter (Form TP/CN-201/CN.06to be provided at People’s Committee at commune level and Vietnamese diplomatic representation abroad) (the attached sample, or downloaded from www.sotuphaphanoi.gov.vn )

Other requirements 1. Realization of procedures of registration for child adoption with foreign elements must assure the principles, in particular the legitimate rights and benefits of adoptee and adopter, voluntariness, equality, no discrimination between male and female, and no violations of the laws and social ethics. 2. Only when it fails to find an alternative family for a Vietnamese child, he/she can be adopted to foreigner 3. Requirements for adopter: - Meeting requirements according to the law of the country where he/ she resides; - Having full capacity for civil acts; - Being at least 20 years older than the adoptee; - Having good health, economic conditions, and accommodation which can ensure the care and education for the adopted child; - Having good moral behavior. Note: In the above mentioned conditions, the third and fourth conditions are not applied to aunt/ uncle adopting their own niece/ nephew or stepfather/ stepmother adopting the child of their spouse. 4. The following people are not allowed to adopt children: - People whose rights on their minor children are being restricted ; - People who are serving a sentence of administrative sanctions in educational / or medical establishments; - People who are serving a prison term; - People whose criminal records have not been deleted yet for one of following crimes: intentionally infringing on the life, property or honor and dignity of others; mistreating or abusing grandparents, father, mother, wife, husband, children, grandchildren or people who have fostered them; enticing, forcing or harboring juvenile to violate the law or implement human trafficking. 5. Conditions for adopted children: - Children under 16 years old; - Children from 16 to 18 years old can be adopted by stepmother/ stepfather/ aunt/ uncle. 6. A person can be adopted only by a single person or a couple of husband and wife. 7. Natural father/ natural mother can give their child for adoption only after 15 days since the child was born. 8. The child handover will be held at the Department of Justice in the presence of representatives from the Department of Justice, the adopted child, adoptive parents, natural parents or guardian or representative from children care center. 9. If the adopter fails to be present to receive the adopted child without legitimate reasons, People’s Committee at district level will cancel the Decision on allowing child adoption for foreigner residing in Viet Nam.
Legal basis

- The Law on Child Adoption 2010;
- Government Decree 19/2011/ND-CP dated March 21, 2011, detailing implementation of some articles of the Law on Child Adoption;
- Circular 24/2014/TT-BTP dated December 29, 2014 on amending, supplementing some articles of Circular 12/2011/TT-BTP dated June 27, 2011 of Ministry of Justice on issuing, guiding the noting, recording and use of forms for child adoption.

Administrative procedures

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