Implementation level: Provincial level

Type of procedure: Administrative procedures are detailed by the law

Field: Adoption

Order and procedures:

- Foreigners permanently residing in Vietnam who adopt children shall submit their dossiers and those of adoptee at the Department of Justice where the introduced person permanently resides.

- The Department of Justice inspects the dossier, take opinions of relevant persons:

+ Officials check records. When examining records, civil servants must research and understand the thoughts, aspirations and circumstances of the people involved. In case the person being adopted has natural parents, the civil servant shall check whether the biological parents have reached an agreement with the adoptive parents to retain the rights and obligations towards the child and how to exercise those rights and obligations after the adoption.

+ The public servant collects opinions from relevant people:

When collecting opinions from relevant people, civil servants must:

i) Counseling for children to continue to be cared for, nurtured and educated in accordance with the family's actual conditions and capabilities;

ii) Adequate advice to biological parents or guardians on the purpose of adoption; rights and obligations arising between adopters and adopted children after adoption registration; Regarding the fact that biological parents will no longer have the rights and obligations to care for, raise, support, represent at law, compensate for damage, manage and dispose of separate property for the adopted child if biological parents and adopters do not otherwise agree;

iii) Explaining to the relevant people the right to change their opinions within 15 days from the date of collecting opinions. When the time is out, the people involved cannot change their mind about childcare work.

- The Department of Justice submits to the Provincial People's Committee for consideration and decision;

- The People's Committee issues a decision on the adoption of Vietnamese children by foreigners;

- The Department of Justice shall register the adoption according to the law provisions on civil status registration and organize the child adoption ceremony at the office of the Department of Justice.

- In case of refusal, the Department of Justice shall reply in writing, clearly stating the reasons therefore.

- Fee: 4.500.000 VND

(Translated by Gia Vi)