|Procedure ||Procedures for registering the child adoption involving foreign elements |
|Process || |
a) Citizens are required to prepare and submit child adoption dossiers to Reception devisions of Justice Services, and receive document receiving tickets with specified settlement date.
b) Within 05 days from the full receipt of valid documents, if deeming that the child adoption satisfies all conditions as stipulated by the law, Justice Services shall register the child adoption. When the child adoption registration is carried out, the presence of the person appointing the guardian and the person appointed as the guardian is required.
- Justice Services is required to consider, record in child adoption registration books and hand over the original Decision on recognizing the child adoption to each party, each with one. Copies of such Decision shall be issued upon the request of the guardian and the person appointing the guardian. In case the adopted person has his own property, the person appointing the guardian shall make the list of properties and specify conditions of such properties, signed by the person appointing the guardian and the appointed person. The list of properties shall be made into 3 copies, one copy shall be filed at commune-level People’s Committees where the child adoption is registered, one copy shall be handed over to the guardian and the last to the person appointing the guardian.
- After registering the child adoption, Justice Services shall send a copy of the Decision on recognizing the child adoption to commune-level People’s Committees where the guardian and the adopted child reside for managing the adoption in accordance with the provisions of the Civil Code.
|Where to submit ||The procedures shall be implemented directly at Justice Services |
|Contents and number of the dossier || |
- Guardian appointment form
- List of properties (if any) specifying conditions of such properties, signed by the person appointing the guardian and the person appointed as the guardian in case the adopted child has his/her own properties.
Number of dossiers: 01 set
|Processing duration || |
|Objects ||Individuals and organizations |
|Competent agency ||No5 Administrative procedures for Justice Departments |
|Outcome ||Decision on recoginzing the child adoption |
|Fee ||VND50,000 (Fifty thousand Vietnam dongs)/ 01 case |
|Form/Declaration || |
Guardian appointment form
|Other requirements || |
a) Conditions for guardians:
- Having full civil act capacity;
- Having good virtues; being not persons examined for criminal liability or convicted but whose criminal record for one of the crimes such as intentionally violating lives, health, honour, human dignity, properties of other persons;
- Satisfying necessary conditions to guarantee the implementation of the adoption.
b) Upon the registration of the child adoption, the presence of the person appointing the guardian and the person appointed as the guardian is required.
|Legal basis || |
- 2005 Civil Code
- 2000 Marriage and Family Law.
- Decree No. 158/2005/ND-CP by the Government dated December 27, 2005 on civil status registration and management;
- Decision No. 01/2006/QD-BTP dated March 29, 2006 by the Minister of Justice on promulgating civil status books and forms;
- Circular No. 01/2008/TT-BTP dated June 02, 2008 guiding the implementation of a number of provisions of the Decree No. 158/2005/ND-CP dated December 27, 2005 by the Government on civil status registration and management;
- Decision No. 12/2009/QD-UBND dated January 09, 2009 by the People’s Committee of Hanoi on collecting civil status fees in the area of Hanoi.