Viet Nam: Decision of the Council of Ministers No. 145-HDBT of 1992 Issuing Regulations on the Adoption of Vietnamese Children by Foreigners

THE COUNCIL OF MINISTERS

-Basing upon the Law on organizing the Council of Ministers dated on July 4, 1981,

-Basing upon the Law on Marriage and Family dated on December 29, 1986

-Basing upon the Law on Child Protection, Care and Education dated on August 12, 1991,

-Considering the proposal of the Minister for Labour, Invalids and Social Affairs,

RESOLVES

Article 1

To issue the following Temporary Regulations on the adoption by foreign people of Vietnamese children who are orphaned, abandoned or disabled living in the feeding institutions administered by the Labour, invalids and Social Affairs authorities.

Article 2

This Decision will come into force from the day of signing. All previous regulations at variance with the Decision are hereby repealed.

Article 3

All Ministers, Chairmen of State Committees, Heads of organizations under the Council of Ministers, Chairmen of People's Committees of provinces and cities affiliated to the central administration shall be responsible for implementing this Decision.

TEMPORARY REGULATIONS ON PERMITTING FOREIGN PEOPLE TO ADOPT VIETNAMESE CHILDREN WHO ARE ORPHANED, ABANDONED, DISABLED BEING INSTITUTIONALLY CARED BY LABOUR, INVALIDS AND SOCIAL AFFAIRS AUTHORITIES
(ISSUED IN ACCOMPANY WITH THE DECISION No 145/HDBT ON APRIL 29, 1992 BY THE COUNCIL OF MINISTERS)

CHAPTER I
GENERAL PROVISIONS

Article 1

The adoption by foreign people of Vietnamese children who are orphaned, abandoned, disabled should be originated from the emotion of parents and children developing in the relations between the adopted parents and the adopted children with the latter to be secured of sufficient support, care and education.

Article 2

The foreign adopters should be from 20 years older than the adopted children.

Article 3

The adopted falling into line with the targets under Article 1 of the Regulations and being institutionally cared by the Labour, Invalids and Social Affairs authorities comprise:

-Children being up to 15 years old; children being over 15 years old can be accepted in case of disability.

-The adopted child can be over 15 years old in case the adopter is alone, old and weak.

Article 4

The adoption shall base upon the principle of free consent of the adopter, parents, guardians or the Director of the feeding institution.

Approvals should be moreover obtained from children being over 9 years old.

Article 5

The People's Committees of the provinces cities affiliated to the central administration where there are institutions supporting the children under the Article 1 of this Regulations should examine and issue the certification for the foreign people adopting Vietnamese children within two months since the reception of complete dossier.

In case of refusal, the applicant should be informed of reasons.

CHARTER II
CRITERIA FOR THE ADOPTION BY FOREIGN PEOPLE

Article 6

Foreign people who apply for the adoption of Vietnamese children mentioned under Article 1 of this Regulations shall send to the Ministry of Labour, Invalids and Social Affairs following paper:

1.Written permit issued to the applicant by relevant competent authorities of the country where the applicant is bearing his/her nationality or is domiciled (the permit should indicate clearly the justifiable objectives of the adoption).

2.The Health Certification issued by foreign relevant authorities certifying that good health, mentality and sufficient materials of the adopter are available to secure a good care, education and decent physical, mental and moral development for the adopted child.

3.The application sent to the provinces, cities, affiliated to the central administration where there are institutions supporting the children should indicate reasons for adoption, the applicant's name, age and address (if the applicant is married, the application should be signed by both the spouses); and name, age, address of the adopted child as well as other requests.

In case the name, age and address of the adopted child have not yet been identified, the applicant can mention his/her expectations for an adopted child in the application and ask the Ministry of Labour, Invalids and Social Affairs of Vietnam to help select and recommend.

Above-mentioned paper in foreign languages shall be translated into Vietnamese and their version shall be certified by Vietnamese notary.

Article 7

Paper stipulated under positions 1 and 2 of the Article 6 are valid in 6 months since they are granted by local relevant authorities.

Article 8

After the application for adoption is accepted, the applicant or his legal representative shall come to Vietnam dealing with the Ministry of Labour, Invalids and Social Affairs on the following formalities:

1.To produce the entry permit for the adopted child into the country of the applicant.

2.To undertake to register the name of the adopted child in a social organization (the government-sponsored Non-Governmental organization) in the locality where the applicant is domiciled.

3.To undertake to send annually to Vietnamese Ministry of Labour, Invalids and Social Affairs information in regulated form with photographs of the adopted child until she is 18 years old.

4.To undertake to secure decent up-bringing for the adopted child; and if the adopted child is disabled, to secure for him/her rehabilitation or orthopaedy to improve his/her ability.

5.To undertake to provide the adopted child with education or vocational training.

6.To cover all costs relating to adoption formalities.

CHAPTER III
ORGANIZATION OF IMPLEMENTATION

Article 9

The delivery of the adopted child to the adopter is conducted, when the following paper are available:

1.The Certification of the People's Committee of the provinces, cities affiliated to the central administration upon the adoption of Vietnamese children by foreign people.

2.The Memorandum of Understanding on handing over the adopted child to foreign people.

3.The commitments mentioned under Article 8 of this Regulations.

4.The passport of the foreign adopter.

5.In case the legal representative receives the adopted child on behalf of the applicant, she should have the legal credentials from the applicant.

Article 10

The Ministry of Labour, Invalids and Social Affairs set up a specialized unit with the function to follow up Vietnamese children adopted by foreign people in conformity to Temporary Regulations of the Decision No 145/HDBT.

Article 11

The Ministry of Labour, Invalids and Social Affairs co-ordinates with the Ministries of Foreign Affairs, Interior and Justice in providing instruction on implementing the Temporary, Regulations.

Article 12

These Temporary Regulations shall come into effect since the day of its promulgation.