Contents of Administrative procedures - Department of Justice
|Procedure||Registration for child adoption for foreigner residing permanently in Viet Nam|
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.
|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
|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|
- Application Form for child adoption (Form TP/CN-2014/CN.02)
|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;
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