GUIDELINES ON ADOPTION LAW IN VIETNAM (CAT)

Professionals at ANT Lawyers are experienced in both foreign and domestic adoption. Currently there are 54 different ethnic minority groups living in Vietnam making the adoption process more and more complex. Until 2010, adoption in Vietnam was regulated in Law on Marriage and Family but later the Vietnam National Assembly issued the Law on Adoption (LOA) to clarify the legal situation. Under Vietnamese law, foreign adoption procedures are carried out by the combination of responsible authorities of the provincial Department of Justice, Ministry of Justice and provincial People’s Committee.  The provisions for international adoptions are stipulated in Articles 14 & 28 of the LOA. The general conditions in article 14 LOA guide on various general requirements that must be fulfilled by the adopter as follows: the adopter must have full civil capacity; the adopter must be at least 20 years older than the to-be-adopted child; having satisfactory health, financial conditions and accommodations to assure the care and education for the adopted child.  

Furthermore, foreigners must meet the legal requirements of their home countries concerning adoption and in addition they also must meet one of the following conditions:  (1) The adopters’ country of residence is a contracting party of an adoption treaty where Vietnam has also signed to. One example for such an treaty is the Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption, whereby 90 parties have already signed to it.[1] (2) He/she who is permanently residing abroad is the step father or step mother, natural aunt or uncle, sibling of the to-be-adopted child or adopts a specific child who is disabled or infected with HIV/AIDS or another dangerous disease or currently works or studies in Vietnam for at least 1 year; (3) If an adopter ispermanently residing in Vietnam, he/she may adopt a Vietnamese child disregarding of his/her own nationality.  If a Vietnamese person wants to adopt a foreign child, he/she must satisfy the conditions stipulated in Article 29, Clause 2 of the LOA: (1) Conditions in Article 14 of the LOA as mentioned above; (2) Legal requirements for adopters of the country where the to-be-adopted child resides in.  As foreign adoption has risen dramatically in Vietnam, ANT Lawyers provides experience and sound insight for foreigners who wish to adopt Vietnamese children.  Relevant regulations 1/ Law on Adoption 2010 took effect on January 1, 2011. 2/ Degree No.19/2011/ND-CP providing in detail for implementation of a number of articles of the law on adoption took effect on May 8, 2011. 3/ Circular No.21/2011/TT-BTP on the management of foreign adoption offices in Vietnam took effect on January 1. 2011.

Read More

CONDITIONS OF FOREIGNER ON ADOPTION IN VIETNAM

Conditions of foreign adoption in Vietnam

Today, foreigners from other countries wish to adopt children in Vietnam and bring them up to his/her country for custody.  Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family.  However, the adoption conditions are still regulated strictly and its acceptance procedure are considered and controlled stringently by competent authorities of Government.

ANT Lawyers will provide to you the regulated conditions of the adoptive parent need to be met as below:

I. GENERAL CONDITIONS OF THE ADOPTIVE PARENT:

The adoptive parent has to meet fully conditions as below for adoption:

a) Having full civil act capacity;

b) Being 20 years or more older than the adopted person;

c) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

d) Having good ethical qualities.

And not being one these following cases:

a) Having some of the parental rights over a minor child restricted:

b) Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

c) Currently serving an imprisonment penalty:

d) Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

II. CONDITIONS OF THE FOREIGNER ADOPTIVE PARENT:

After meeting fully conditions above, the foreigners who wish to adopt Vietnamese children could to be accepted if they are belong to one of this following cases:

a) The adoptive parent is the step father or step mother of the to-be-adopted child;

b) The adoptive parent is the natural aunt or uncle of the to-be-adopted child;

c) The adoptive parent has adopted a child who is a sibling of the to-be-adopted child;

d) The adoptive parent adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease, include: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;

e) The adoptive parent is a foreigner currently working or studying in Vietnam for at least 1 year; both the wife and husband have to meet this condition if they want to adopt the child together.

3. Foreigners permanently residing in Vietnam adopt a child in Vietnam

In order to give you best advice, please contact us directly by email: ant@antlawyers.vn.

ANT Lawyers, your lawyers in Vietnam.

Read More

HOW TO APPLY FOR BIRTH CERTIFICATE FOR NEWBORN IN VIETNAM?

For children of foreigner and Vietnamese born in Vietnam, the procedure to apply for birth certificate in Vietnam is carried out at the Vietnam’s provincial Department of Justice.

How to Apply for Birth Certificate for Newborn in Vietnam?

In today’s globalized world, it has become more common that people from different cultural backgrounds travel, and meet their spouse.  Their children were born with happiness however they would face difficulties when applying for birth certificate for the newborn in Vietnam.  For the parents, the difficulties of registering birth certificate in Vietnam could range from the choice of name, nationality, or whether or not the child is born out of wedlock.

When a child between a foreigner and a Vietnamese is born in Vietnam, according to the regulation on the registration and management of civil status, the Department of Justice will be the Vietnam government agency issuing the birth certificate.

In cases where parents choose foreign nationality for the child, they must obtain the agreement of the parents about the choice of nationality. The valid agreement of the parents about the choice of nationality shall be certified by the local authority.

After receiving a application dossier for birth certificate for newborn in Vietnam, civil status officials of the Department of Justice records in the birth registration and original birth certificate. The director of the Department of Justice shall sign and issue an original birth certificate for the newborn.  Copies of birth certificates are issued at the request of the applicant.

For children born out of wedlock, if the father is not identified, the information about the father in the birth registration book and birth certificate are left blank. When the father officially agrees to recognize father for a child, he has to carry out the procedure at the Vietnam’s provincial Department of Justice.  The birth certificate could also be revised to reflect the father’s details into the new birth certificate.  This birth certificate will be very important when the father applies foreign citizenship for the child.

The child can be named according to parental choice to be recorded on the birth certificate.

For further information or advice, please contact ANT Lawyers, your lawyers in Vietnam via emailant@antlawyers.vn or tel (848) 3520 2779.

ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

Commercial

Dispute Resolution

Debt Recovery

Employment

Foreign Investment

Intellectual Property

International Trade and Taxes

Infrastructure and Project

Civil Matter

Read More